Rogue River City Zoning Code
CHAPTER 17
145 CODE INTERPRETATIONS
§ 17.145.010 Code interpretations.
Some terms or phrases within this code may have two or more reasonable meanings. This section provides a process for resolving differences in the interpretation of the code text.
A.
Authorization of Similar Uses. Where a proposed use is not specifically identified by this code, or the code is unclear as to whether the use is allowed in a particular zone, the planning commission may find the use is similar to another use that is permitted, allowed conditionally, or prohibited in the subject zone and apply the code accordingly. However, uses and activities that this code specifically prohibits in the subject zone, and uses and activities that the planning commission finds are similar to those that are prohibited, are not allowed. Similar use rulings that require discretion on the part of city officials shall be processed following the Type III procedure.
B.
Code Interpretation Procedure. Requests for code interpretations, including, but not limited to, similar use determinations, shall be made in writing to the city planner or designee and shall be processed as follows:
1.
The city planner, within 14 days of the inquiry, shall advise the person making the inquiry in writing as to whether the city will make a formal interpretation.
2.
Where an interpretation does not involve the exercise of discretion, the city planner shall advise the person making the inquiry of his or her decision within a reasonable time frame and without public notice, in accordance with Type I procedure.
3.
Where an interpretation requires discretion, the city planner shall inform the person making the request that an application for code interpretation is required and advise the applicant on how to make the request. At a minimum, an application for code interpretation shall include a letter citing the nature and reasons for the request, and, as required, a city fee. The city planner then shall review relevant background information, including, but not limited to, other relevant code sections and previous city land use decisions, and follow the Type III review and public hearing decision-making procedures.
C.
Written Interpretation. Following the decision on a code interpretation application, the city planner shall mail or deliver the city's decision in writing to the person requesting it, to any other person who specifically requested a copy of the decision, and to those who provided public testimony on the application. The decision shall become effective when the appeal period for the decision expires.
D.
Referral to City Council. Where a code interpretation may have significant citywide policy implications, the planning official may bypass the procedure in subsection (B) of this section and refer the request directly to the city council for its legislative review in a public hearing. Such public hearings shall be conducted in accordance with Type IV procedure.
E.
Interpretations on File. The city shall keep on file a record of its code interpretations, both in physical and digital formats.
(Ord. 23-418-O § 124 (Exh. A-4))
