Chapter 9.02
ZONING ORDINANCE INTERPRETATION PROVISIONS
Sections:
9.02.020 Authority of interpretation.
9.02.030 Rules of interpretation.
9.02.040 Interpretation procedures.
9.02.010 Purpose.
This chapter is intended to bring clarity to items within this title that may not be as clear as intended when put into practice. This chapter provides rules and procedures for the city to make an interpretation and create a policy manual for future reference. (Ord. 806 § 1, 2007).
9.02.020 Authority of interpretation.
The community development director, or his/her designee, is responsible for interpreting all the requirements of the zoning ordinance. (Ord. 806 § 1, 2007).
9.02.030 Rules of interpretation.
A. Conflicting Requirements. Whenever a standard, requirement, prohibition, or other directive within this title conflicts with another city code, the stricter standard shall apply.
B. Rounding Numbers. Standards given in the form of numbers shall be rounded up to the next whole number in the case of minimum requirements (e.g., minimum parking requirements: if a calculation results in 8.2 parking spaces, it shall be interpreted as meaning nine parking spaces).
C. Terminology. The standards within this title are to be considered mandatory unless referred to as “guidelines” or followed by the words “should” or “may.”
D. Timelines. All time requirements shall be construed to mean calendar days. Whenever a required deadline/expiration falls on a weekend or holiday, the deadline/expiration shall automatically be extended to the next business day.
E. Zoning Boundaries. Refer to BGMC 9.06.040, Interpretation of zone boundaries. (Ord. 806 § 1, 2007).
9.02.040 Interpretation procedures.
When it is determined by planning staff that the meaning or applicability of any requirement or standard of this title is unclear and subject to interpretation, the community development director must provide in writing an interpretation of the subject code section and/or application. If the request for interpretation comes from a private party, the request must be made in writing and must allow 45 days for a written response.
A. Record of Interpretations. All interpretations must be maintained in a logbook in a clear and organized manner that is readily available to the general public for review and reproduction.
B. Appeals. All interpretations may be appealed to the planning commission. However, said appeals must be made within 60 days of the written interpretation. (Ord. 806 § 1, 2007).