In interpreting and applying this title, the requirements contained herein are declared the minimum requirements for the purposes set forth in this title and the act. The provisions of this title shall be:

   (1)   Liberally construed in favor of the city.

   (2)   Deemed to neither limit nor repeal any other powers granted by the act, or any other state or federal statutes.

   (3)   Applied and interpreted as follows, except where the context clearly requires otherwise:

      (a)   The words "shall" and "must" are mandatory. The words "should" and "may" are permissive.

      (b)   Words used or defined in one tense or form shall include other tenses or derivative forms.

      (c)   Words used in the singular shall include the plural; words used in the plural shall include the singular.

      (d)   Words referencing a gender shall extend and be applied to the other gender and shall be considered gender neutral.

      (e)   In the event of a conflict between the text of this title and any maps, illustrations, captions, figures or other material, the text of this title shall apply and control.

      (f)   The word "includes" shall not limit a term to the specified examples, but is intended to provide guidance and to be illustrative only.

      (g)   The word "and" indicates that all connected items, conditions, provisions or events shall apply.

      (h)   The word "or" indicates that one or more of the connected items, conditions, provisions or events shall apply.

      (i)   The words "either or" indicate that the connected terms, conditions, provisions or events shall apply singly, but not in combination. (Ord. 2005-13, 2005)

   (1)   Purpose: To promote day to day efficiencies in the administration and implementation of this title, and where ambiguity, conflicting provisions or confusion may exist in any provision or requirement of this title, this section is provided to allow and authorize the city attorney to make interpretations of this title, as needed, guided by the purposes set forth herein and applied to a specific circumstance.

   (2)   Authority: The city attorney is authorized to render interpretations of the text of this title.

   (3)   Initiation: Any person may request an administrative interpretation of any text provision of this title by presenting an application for an administrative interpretation.

   (4)   Procedure: An application for an administrative interpretation shall be considered and processed as provided in this chapter:

      (a)   A complete application shall be submitted to the zoning administrator.

      (b)   After an application is determined to be complete, the city attorney shall review the application and make an interpretation in accordance with the standards set forth in this chapter.

      (c)   After making a decision, the city attorney shall provide a written copy of the administrative interpretation to the applicant. A written copy of the administrative interpretation of the city attorney shall also be maintained in the office of the city recorder.

   (5)   Standards For Making Administrative Interpretations: The city attorney shall apply the following standards in making an administrative interpretation:

      (a)   The administrative interpretation shall not have the effect of adding or removing any provision of this title.

      (b)   The city attorney shall not make any interpretation on the location of any zoning district boundary, such interpretations being provided by section 16.02.103 of this chapter.

      (c)   An administrative interpretation shall be consistent with the purposes of this title and any previously rendered administrative interpretations, based on similar facts.

      (d)   An administrative interpretation concerning a use interpretation shall not allow the establishment of a use that is substantially different or allow any prohibited use in the zoning district.

      (e)   No use interpretation shall permit the establishment of any use that would be inconsistent with the purposes of the zoning district in which it would be located.

   (6)   Effect Of Interpretation: An administrative interpretation shall only apply to the property for which an interpretation is given. An interpretation finding a use to be a class I, class II, class III, class IV or class V use shall not authorize the establishment of the use but may authorize the filing of land use applications necessary for any approvals, permits or licenses, as may be required.

   (7)   Appeal: Any person adversely affected by an interpretation of any text provision of this title, rendered by the city attorney, may appeal that interpretation by filing a written appeal as provided in chapter 30 of this title.

(Ord. 2005-13, 2005; amd. Ord. 2016-06, 2016; Ord. 2024-11, 2024)

In the event of the need to determine the location of the boundary of a zoning district, the commission shall have the authority and jurisdiction to render a written determination of the boundary of a zoning district. The commission shall take into consideration the following criteria in rendering such determination:

   (1)   The policies and development standards pertaining to such zoning district.

   (2)   In areas divided into lots, a zoning district boundary shall follow the boundary of a lot, unless clearly intended to divide a lot for reasons of topography, landform or other natural or manmade feature.

   (3)   In areas not subdivided into lots, wherever a zoning district is indicated as a strip adjacent to and paralleling a right of way, the depth of such strips shall be in accordance with dimensions measured at right angles from the centerline of the right of way, and the length of frontage shall be in accordance with dimensions measured from section, quarter section or division lines, or centerlines of rights of way, unless otherwise indicated.

   (4)   Where a zoning district boundary follows a creek, stream, watercourse, drainage channel, floodway or other natural or manmade feature, such boundary shall be deemed to be the centerline of such creek, stream, watercourse, drainage channel, floodway or other natural or manmade feature, unless clearly intended to do otherwise.

   (5)   Where a zoning district boundary follows the right of way of any road, street, trail or other public or private right of way or easement, such boundary shall be deemed to be the centerline of such road, street, trail or other public or private right of way or easement, unless clearly intended to do otherwise. (Ord. 2005-13, 2005)