§ 9172.24. Administrative/Quasi-Judicial - Interpretation Procedure. — Carson Zoning Code

In case of uncertainty or ambiguity as to the meaning or intent of any provision of this Chapter, or to further define or enumerate the uses permitted in the various zones, and upon proper initiation as provided in CMC § 9172.24(A) , the following procedure shall be followed if a Text Change is not initiated. Adjustment of a zoning boundary up to fifty (50) feet from the scaled location on the Zoning Map also may be accomplished under this procedure if a Zone Change is not initiated and if such adjustment is in order to conform to lot lines or to resolve uncertainty as to the precise location of such zoning boundary. Except in the case of a Zoning Boundary Adjustment, Interpretations shall be generally applicable to all future situations of the same type and shall not be limited or directed to specific properties or circumstances thereon.

A. Initiation. The preparation of an Interpretation may be initiated by the Council, Commission or Director, or upon the written request of any person.
B. Basis of Interpretation. An Interpretation shall be based on an examination of the intent of this Chapter, considering all of the relevant provisions thereof, and shall be consistent with such intent. Consideration shall be given to the relationship among regulations of the various zoning classifications and the uses and development standards therein.

In the case of an Interpretation involving further definition or enumeration of uses permitted in a particular zone, consideration shall be given to the similarities and differences between the characteristics of each use subject to Interpretation and the characteristics of those uses expressly permitted in the zone.

C. Preparation, Notice and Transmittal.
1. Within thirty (30) days after the initiation of an Interpretation, the Director shall prepare a written Interpretation and transmit it to the Commission and the Council and shall give public notice that such Interpretation has been prepared. Such notice shall be made in the same manner as required for a Text Change (CMC § 9172.11(C) ), or in the case of a Zone Boundary Adjustment, in the same manner as required for a Zone Change (CMC § 9172.13(C) ).
2. Within fifteen (15) days after the date of the notice, the Commission, Council or any interested person may make a written request to the Director for a hearing. If no such request for a hearing is received, the Interpretation shall become effective and final fifteen (15) days after the date of the notice.
D. Commission Hearing and Action.
1. If a request for hearing is received, a hearing shall be held by the Commission within thirty (30) days of the date of such request.
2. After the hearing, the Commission may, by resolution, adopt the proposed Interpretation, adopt a modified or different Interpretation, or refer the matter to the Director for further study. Failure of the Commission to act within thirty (30) days after the close of the hearing shall be deemed an approval of the Director's Interpretation.

If the Commission refers the matter to the Director for further study, the Director shall prepare and submit another Interpretation in accordance with the provisions of this Section.
1. Unless the Commission refers the Interpretation to the Director for further study, the decision of the Commission shall become effective and final fifteen (15) days after the date of its action unless an appeal is filed in accordance with CMC § 9173.4 .

E. Appeal. The action of the Commission to adopt an Interpretation may be appealed to the Council in accordance with CMC § 9173.4 except that the Council shall hold a hearing within thirty (30) days of the filing of an appeal and shall make its decision within thirty (30) days after the close of the hearing. Failure of the Council to act within such time shall be deemed to affirm the decision of the Commission.