Ontario Municipal Code Div. 1.02 Development Code Interpretation and Enforcement

1.02 005: Applicability to Existing City Laws

The purpose of this Division is to prescribe procedures for the interpretation and enforcement of the provisions of this Development Code.

1.02 005: Applicability to Existing City Laws

The provisions of this Development Code are not intended to repeal, abrogate, annul, impair, or otherwise interfere with any existing City law, except as specifically repealed by adoption of this Development Code. However, where the Development Code imposes a greater restriction than is imposed or required by an existing law, the provisions of this Development Code shall prevail.

A. Purpose. The purpose of this Section is to establish [i] the authority to interpret the meaning or applicability of the requirements of this Development Code, either generally, or as applied to a specific case or situation; and [ii] the authority and procedure for land use determinations, as not every conceivable land use can be identified by this Development Code or applicable specific plans of the City.

B. Applicability.

1. Whenever the Zoning Administrator determines that the meaning or applicability

of any of the requirements of this Development Code require interpretation, they shall be empowered to make such interpretation. Furthermore, as every conceivable land use cannot be identified by this Development Code or applicable specific plans of the City, the Zoning Administrator may compare and measure a proposed land use against those listed in this Development Code or an applicable specific plan, which have similar impacts, functions and characteristics.

2. When a land use is not specifically listed in Table 5.02-1 (Land Use Matrix) of this

Development Code, or the list of allowed land uses in a specific plan of the City, the Zoning Administrator may determine that the land use is allowed, if it is determined to be similar to other land uses in the same zoning district or applicable specific plan land use district. In determining “similarity,” the Zoning Administrator shall consider the following, as applicable:

a. Volume and type of sales (retail or wholesale), the size and type of items

sold and nature of inventory on the premises;

Ontario Development Code Page 1.02-1 (Rev. 12.01.2020)