Chapter 12-41 — INTERPRETATION AND APPEALS

The sections of this chapter constitute regulations as to interpretation limited to this title. (Prior Code § 10-133)

Except as specifically provided in this title, this title shall not be interpreted to repeal, abrogate, annul or in any way affect any existing provision of any law or ordinance or regulations or permits previously adopted or issued relating to the erection, construction, moving, alteration or enlargement of any building or improvement; provided, however, that in any instances where this title imposes greater restrictions upon the erection, construction, establishment, moving, alteration or improvement of buildings, or the use of any building or structure, than is imposed or required by an existing law, ordinance or regulation, the provisions of this title shall control. (Prior Code § 10-133.1)

Uses which the Community Development Director determines to be similar to the permitted or conditional uses in each district and which fall within the intent and purpose of the district, and that will not be obnoxious or detrimental to the public welfare, are compatible with adjoining land uses, and which are of a comparable nature and of the same classes as the uses enumerated for said district, shall be allowed as permitted or conditional uses therein. The Community Development Director may also consider and render decisions on matters of slight modification and minor adjustment deemed necessary in connection with the efficient administration of this title. Whenever the lawfulness of such a determination is called in question in any manner, the same shall be submitted to the City Attorney whose decision shall be determinative. (Prior Code § 10-133.2)

• (a) Whenever this title provides for a decision, interpretation or other action by the Zoning Administrator, any person affected thereby may appeal the action to the Planning Commission, in the manner provided in this section.

• (b) Appeal shall be made in writing and filed with the Community Development Director within 10 calendar days following the final action of the Community Development Director. Upon receipt of the appeal, the Community Development Department shall place the matter on the Planning Commission regular meeting agenda within thirty calendar days of receipt thereof.

• (c) Following consideration of the subject appeal, the Planning Commission may affirm, reverse or modify the decision of the Community Development Director. If the Planning Commission takes no action on the appeal within 45 calendar days after the filing thereof, the Community Development Director's action is affirmed.

• (d) Notwithstanding any provision in this section or in Chapter 12-39 , if the subject appeal is a matter of legal interpretation the matter shall be submitted to the City Attorney, whose decision shall be determinative.

(Prior Code § 10-133.3; Ord. 83-1065 § 1, eff. 1/5/84)

• (a) Notwithstanding any provisions set forth in this title, any final action of the Zoning Administrator, the Community Development Director or the Planning Commission, pursuant to this title, shall be subject to review by the Council upon an appeal filed in the time and manner provided in this title for such appeals.

• (b) In any case where a time period in days is provided in this title for an appeal, that period shall be numbered in calendar days, including Saturdays, Sundays and holidays, and not in weekdays. In the event an appeal is to be taken to the Council, not otherwise provided for in this title, the appeal must be filed in writing within not more than 14 calendar days following the action appealed from and shall state the specific reasons for the appeal, including, but not limited to, statements of errors of law or fact which are alleged to have occurred in the action and proceedings appealed from.

(Prior Code § 10-133.4; Ord. 86-32 § 9(E), eff. 2/19/87; Ord. 2017-10 § 24, eff. 8/31/17)

• (a) Any person who is named in a written warning notice of violation of any condition of a use permit, planned development permit, variance or other discretionary permit may apply for an interpretation of the condition. To receive an interpretation the person shall, within seven calendar days after the date of the notice:

  • (1) Submit a written request for interpretation to the Community Development Department. The request must set out the condition(s) to be interpreted and the applicant's interpretation of the condition(s);

  • (2) Pay a processing fee.

• (b) Within 30 calendar days after receiving a request for interpretation that meets the requirements of subparagraph (a), the secretary of the Planning Commission shall:

  • (1) Schedule an interpretation hearing before the Planning Commission;

  • (2) Cause a report containing the applicant's and the staff's interpretation of the condition(s) to be prepared;

  • (3) Deliver notice of the hearing and a copy of the report to the Planning Commission and applicant.

• (c) Following consideration of the application, staff report and other oral or written evidence presented at the hearing, the Planning Commission shall issue a written interpretation of the condition(s). If the Planning Commission has not issued an interpretation within 45 calendar days of the Department's receipt of a timely application and fee, the interpretation set out in the staff report shall be considered the commission's interpretation. The Planning Commission, however, may continue consideration of its interpretation for more than 45 days by a majority vote. In either case, the interpretation shall be considered a final action for purposes of Section 12-41.04 .

• (d) There shall be a processing fee for an administrative interpretation of condition(s) of a discretionary permit, established by resolution of the City Council and in an amount not to exceed the reasonable costs of processing the interpretation. The fee shall be set out in the Schedule of Fees and Charges and may be modified from time to time by the City Council.

• (e) Notice of this section shall be provided to all persons named in the warning notice described in subsection (1) of this section, at or before the time of the warning notice.

• (Ord. 91-11 § 1, eff. 7/18/91; Ord. 2017-10 § 25, eff. 8/31/17)