Division 1.02 — Interpretation and Enforcement

b. Processing, assembly, manufacturing, smelting, warehousing, shipping and distribution done on the premises; and dangerous, hazardous, toxic or explosive materials used in processing;

c. Nature and location of storage and display of merchandise (enclosed,

open, inside or outside the principal building), and the predominant types of items stored (business vehicles, work-in-progress, inventory and merchandise, construction materials, scrap and junk);

d. Type, size and nature of buildings and structures supporting the use;

e. Number and density of employees and customers, business hours and

employment shifts;

f. Transportation requirements (including modal split for people and freight)

by volume, type, characteristics of traffic generation to and from the site, and trip purposes;

g. Parking characteristics, turnover and generation, and the ratio of the

number of spaces required per unit area or activity;

h. Predilection for attracting or repelling criminal activity;

i. Amount and nature of nuisances generated on the premises, such as

fumes, glare, noise, odor, radiation, smoke, and vibration; and

j. Special public utility and services requirements, such as communications

towers/antennas, power structures, pretreatment of emissions or wastes, wastewater discharge and water supply.

C. Request for Interpretation or Land Use Determination. A request for an interpretation or land use determination shall be filed with the Planning Department, and shall identify each specific provision or land use in question, and any other information necessary to assist the Zoning Administrator in their review. Any interpretation or land use determination made pursuant to this Section may be appealed pursuant to Division 2.04 (Appeals) of this Development Code.

D. Application of Interpretations/Land Use Determinations in Similar Situations.

1. An interpretation or land use determination made pursuant to this Section shall

apply in all similar situations, unless modified on appeal, or by subsequent Development Code Amendment.

2. Once an interpretation or land use determination is decided, an application for

substantially the same interpretation or determination of use shall not be considered, and the filing of a Development Code Amendment pursuant to Section 4.01.020 (Development Code Amendments) of this Development Code, shall be required.

E. Promotion of the Public Health, Safety and Welfare. Land use determinations and interpretations in the application of the provisions of this Development Code shall be held to the minimum requirements necessary for the promotion of the public health, safety and welfare.

F. Clarifying and Interpretive Materials.

(Rev. 12.01.2020) Page 1.02-2 Ontario Development Code