The purpose of this chapter is to define the responsibilities, rules and procedures for clarifying the text of this title, the zoning map that it incorporates, and the rules and regulations adopted pursuant to it.

(Ord. 2274 § 1 (part), 2000)

A written request for interpretation of any provision of this title, use or nonuse, the zoning map, rule, or regulation, adopted pursuant to this title, shall be submitted to the city. Each request shall set forth the specific provision or provisions to be interpreted, and the facts of the specific issue subject to the request for an interpretation.

(Ord. 2274 § 1 (part), 2000)

The administrative official shall make interpretations to this title. The administrative official may refer any application or request for interpretation to any interested, affected, or concerned agencies or persons for review and comment. In addition, the administrator may refer the matter to the hearing examiner for a decision following a public hearing. Notice of any hearing held to consider an interpretation shall be mailed to the person requesting the interpretation and published once, at least ten (10) days prior to the hearing.

(Ord. 2407 (part), 2004: Ord. 2274 § 1 (part), 2000)

The administrative official shall mail a written copy of his interpretation to the applicant and to affected agencies and parties, if a hearing is conducted. The notice shall be provided within thirty (30) days from the date of his receipt of an application for interpretation, unless the applicant agrees to a longer period of time.

The administrative official shall clearly state the analysis and reasons upon which any interpretation is based, and if the interpretation is a use interpretation, how the interpretation is consistent with the specific conditions established in Section 17.24.050.

The city shall keep a copy of each interpretation on file, and shall make a copy available for public inspection during regular business hours.

(Ord. 2274 § 1 (part), 2000)

The following conditions shall govern the administrative official in issuing use interpretations (also see Section 17.04.040, Unclassified uses):

A.

No use interpretation shall vary the location or review requirements of any use listed in Table 17.04.030 or home occupation listed in Table 17.04.090.

B.

No use interpretation shall permit any use in any zoning district unless evidence is presented which demonstrates that it will comply with the intent and development standards established for the particular district.

(Ord. 2274 § 1 (part), 2000)

A.

The administrative official shall make interpretations when there is uncertainty regarding the zoning district boundaries shown on the official zoning map. The administrative official shall use the following rules to interpret the precise location of any zoning boundary shown on the official zoning map.

B.

Boundaries shown as following, or approximately following, the city limits, plotted lot lines, or section lines, half section lines, or quarter section lines shall be construed as following such lines.

C.

Boundaries shown as following, or approximately following, streets shall be construed to follow the centerlines of such streets.

D.

Boundaries shown as following, or approximately following, railroad lines shall be construed to lie midway between the main tracks of such railroad lines.

E.

Boundaries shown as following, or approximately following, shorelines of lakes, rivers and streams shall be construed to follow the shoreline and, in the event of natural change in the shoreline, shall be construed as moving with the actual shoreline.

F.

Boundaries shown as following, or approximately following, the centerline of streams, rivers, lakes, or canals shall be construed as following such centerlines. In the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning boundary shall be construed as moving with the channel centerline.

G.

Where a public right-of-way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues.

(Ord. 2274 § 1 (part), 2000)

The administrative official's decision on an interpretation may be appealed under the provisions of Title 18.

(Ord. 2274 § 1 (part), 2000)