§ 311. Code Interpretation.

311.1.   Purpose.

The Department Director may, subject to the procedures and limitations of this section, issue written letters of interpretation of the provisions of one (1) or more standards or requirements of this Code or the Comprehensive Plan as it relates to a particular type of development on a particular property.

311.2.   Scope and Applicability.

Code interpretations may include, but shall not be limited to:

A.

A determination of whether a particular use, which does not clearly fall under the definition of one of the uses specified in this Code and is not specifically allowed in the zoning district, is substantially similar to one of the permitted uses, Special Permit, or Administrative Permit uses allowed in the district and therefore should be allowed as such;

B.

An interpretation of the definition of any term used in this Code or the Comprehensive Plan as it affects any development being proposed on a particular property;

C.

An interpretation of the boundaries of a zoning district on the Official Zoning Atlas; and

D.

A government-initiated interpretation, for the following circumstances:

1.

Interpretation or clarification of a standard, requirement, zoning district boundary or term set forth in this Code, as applied to a particular property or development proposal, which will or could lead to a development approval; and

2.

Where in the view of the Department Director or the requesting body or official, the formal establishment of such an interpretation or clarification is appropriate.

311.3.   Application for Interpretation.

A letter of interpretation may be requested by any person. The request shall include a description of the facts and circumstances which are the basis for the request for an interpretation, including a description of the proposed development.

311.4.   Action by Department Director.

Within a reasonable time after receipt of an application, the Department Director shall issue a letter of interpretation specifying the facts, reasons, analysis and standards upon which the interpretation is based.

A.

No interpretation shall authorize any use in a zoning district unless the Director determines that the use is substantially similar to a use specified as a permitted, administrative permit or special permit use in that district and is no more similar to any other use specified in this Code as a permitted, administrative permit or special permit use in any district.

B.

No interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of the district in question and no interpretation shall have the effect of amending, abrogating or waiving any standard or requirement established in this Code.

C.

No interpretation shall have the effect of changing zoning on a parcel of land.

D.

No interpretation of this Code shall result in an inconstancy between this Code and the Comprehensive Plan.

E.

No interpretation shall itself authorize the carrying out of any development.

311.5.   Official Record.

The Department Director shall maintain an official record of all formal interpretations and shall periodically prepare Code amendments to incorporate the interpretations into the code.