Code References



Sec. 1.202. Interpretations and decisions.

  1. The provisions of this ordinance shall be interpreted and applied by the Zoning Administrator. Any request for an ordinance interpretation or decision must be made in writing to the Zoning Administrator. The Zoning Administrator shall respond in writing to such requests for ordinance interpretations or other decisions within forty-five (45) days from the date of the written request, provided no building permits have been issued on the subject development. A record of the Zoning Administrator's responses shall be kept on file in the Planning Systems Department and shall be available for public review.
  2. The appeal of ordinance interpretations or other decisions by the Zoning Administrator may be initiated by any aggrieved person or by any officer, department, board or commission of the city affected by the interpretation or decision of the Zoning Administrator. For purposes of this subsection an aggrieved person is one who receives a particular and direct adverse impact from the interpretation or decision which is distinguishable from the effects or impacts upon the general public. Appeals must be filed with the City Clerk no later than thirty (30) days after the Zoning Administrator or his designee issues any written interpretation or decision. Any timely appeal shall be processed pursuant to Section 1.805.
  3. When the provisions of this ordinance are interpreted or applied they shall be held to be the minimum requirements for the promotion of the public safety, health and general welfare.
  4. The presumption established in this ordinance is all general uses of land are permissible within at least one (1) zoning district in the city's planning jurisdiction. Therefore, as the use regulations set forth in each district cannot be all inclusive, those uses listed in each district shall be interpreted liberally to include other uses which have similar impacts to the listed uses. However, the use regulations shall not be interpreted to allow a use in one (1) zoning district which more closely relates to a use that is permissible in another zoning district. The Zoning Administrator shall interpret uses within each district.

(Ord. No. 2552, 1, 4-20-93; Ord. No. 2830, 1, 10-17-95; Ord. No. 3314, 1, 4-18-00)



Sec. 1.805. Appeals from Zoning Administrator's interpretations of the zoning ordinance and decisions.

  1. The Board shall hear appeals of interpretations of the zoning ordinance text or other decisions made by the Zoning Administrator. The Board of Adjustment shall determine those matters over which it has jurisdiction.
  2. An appeal shall stay all proceedings in the matter appealed from, unless the Zoning Administrator from whom the appeal is taken, certifies in writing to the Board the stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the Board or by a court of record on application and notice to the Zoning Administrator from whom the appeal is taken. The Board shall fix a reasonable time for hearing the appeal and give notice thereof.
  3. An appeal hearing pursuant to this subsection shall be conducted by the Board of Adjustment following the notice and hearing procedures of section 1.803, except posting on the subject property is not required when no specific property is at issue.
  4. A concurring vote of a majority of all the members of the Board shall be necessary to reverse an interpretation of the zoning ordinance by the Zoning Administrator or a decision of the Zoning Administrator. Unless a majority of the board affirmatively votes to reverse the Zoning Administrator's interpretation or decision, the decision of the Board shall be to uphold the interpretation or decision.
  5. The decision of the Board of Adjustment may be appealed as provided in section 1.807 of this ordinance.

(Ord. No. 2830, 1, 10-17-95; Ord. No. 3225, 1, 5-4-99; Ord. No. 3314, 1, 4-18-00)