Lincoln Municipal Code Ch. 18.04 Interpretation

Footnotes:

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Cross reference— For provisions on uncertain district boundaries, see Ch. 18.08 of this code.

The planning commission shall decide any question involving the interpretation or application of any provision of this title, subject to appeal of such decision to the city council. The planning commission shall seek the advice of the city attorney and may seek the advice of any city department or officer before deciding on any question of interpretation.

(Ord. 357B §2.03.000(part), 1979)

Except as otherwise provided in this title, the listing of uses, buildings or structures which are expressly permitted in a particular district implies the exclusion of all other uses, buildings or structures in the district.

(Ord. 357B §2.03.000(part), 1979)

In interpreting and applying any provisions of this title, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort or general welfare.

(Ord. 357B §2.03.010(part), 1979)

It is not intended by this title to interfere with, abrogate or annul any easements, covenants or other agreements between parties. However, where this title imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are required by other ordinances, rules or regulations, or by easements, covenants or agreements, the regulations of this title shall govern. In the event of a difference or conflict between the text of this title and the official zoning maps contained in the ordinance codified in this title, the designations on the official zoning maps shall govern.

(Ord. 357B §2.03.010(part), 1979)

The community development director (CDD) shall have the authority to issue administrative interpretations of the provisions of this title to resolve ambiguities.

(1) Record. A record of Interpretations shall be filed with the community development department.

(2) Definition. Whenever the CDD determines that the applicability or meaning of any of the standards of this Title are ambiguous, the CDD may issue an official interpretation. Official interpretations shall be in writing, and shall cite the provisions being interpreted, together with an explanation of their meaning or applicability in the particular or general circumstances that caused the need for interpretation. Any provision of this title that is determined by the CDD to be ambiguous shall be clarified by amendment as soon as is practical.

(3) Appeal. Interpretation by the CDD may be appealed to the planning commission pursuant to Section 18.94.

(Ord. No. 964B, § 1, 5-8-2018)