100.060 Interpretation.
The rules of this section apply to this Title and any conditions of a land use approval granted under this Title.
A. Reading and Applying the Code. Literal readings of the code language will be used. Regulations are no more or less strict than as stated. Applications of the regulations that are consistent with the rules of this section are non-discretionary actions of the City Administrator to implement the code. The action of the City Administrator is final.
B. Ambiguous or Unclear Language. Where the language is ambiguous or unclear, the Planning Commission may issue a statement of clarification processed through a Type III procedure, or initiate an amendment to this code.
C. Situations Where the Code is Silent. Proposals for uses where the code is silent or where the rules of this section do not provide a basis for concluding that the use is allowed are prohibited. The Planning Commission may initiate an amendment to this Code to add a new use category.
D. Terms.
(1) Defining Words. Words used in the zoning code have their dictionary meaning unless they are listed in Section 720.030 - Definitions. Words listed in that section have the specific meaning stated, unless the context clearly indicates another meaning.
(2) Tenses and Usage.
(a) Words used in the singular include the plural. The reverse is also true.
(b) Words used in the present tense include the future tense. The reverse is also true.
(c) The words 'must', 'will', and 'may not' are mandatory.
(d) 'May' is permissive.
(e) 'Prohibited' means that an adjustment, conditional use, or other land use review may not be requested in order to allow an exception to the regulation in question. This does not preclude requests for zone changes or Comprehensive Plan map amendments.
(3) Conjunctions. Unless the context clearly indicates otherwise, the following conjunctions have the following meanings:
(a) "And" indicates that all connected items or provisions apply;
(b) "Or" indicates that the connected items or provisions may apply singly or in combination;
(c) "Either...or" indicates that the connected items or provisions apply singly, but not in combination.
(4) Lists. Lists of items that state "including the following," "such as," or similar language are not limited to just those items. The lists are intended to provide examples, but not to be exhaustive of all possibilities.
E. Hierarchy of Regulations.
(1) Different Levels of Regulations. In general, an area with base zoning and overlay zoning, is subject to all of the regulations of each. When the regulations conflict, unless specifically indicated otherwise, the regulations in an overlay zone supersede regulations in base zones.
(2) Regulations at the Same Level. When regulations at the same level conflict, those that are more specific to the situation apply. When the regulations are equally specific or when it is unclear which regulation to apply, the most restrictive applies. Regulations at the same level include such situations as two different standards in a base zone or regulations from separate sections of the Additional Regulations sections.
(3) Figures, Tables, and Maps. Where there are differences of meaning between code text and figures or tables, the code text controls. Where there are differences between code text and maps, the maps control.
F. Applying the Code to Specific Situations. Generally, where the code cannot list every situation or be totally definitive, it provides guidance through the use of descriptions and examples. In situations where the code provides this guidance, the descriptions and examples are used to determine the applicable regulations for the situation. If the code regulations, descriptions, and examples do not provide adequate guidance to clearly address a specific situation, the stated intent of the regulation and its relationship to other regulations and situations are considered.
G. Determining whether a land use request is quasi-judicial or legislative. Quasi-judicial and legislative are terms describing two different types of land use actions. In general, legislative actions involve the adoption of law or policy applicable Citywide or to a broad geographical area of the City. Quasi-judicial actions involve the application of existing law or policy to a small area or a specific factual situation. There are different legal requirements for the processing of these two types of actions. In general, quasi-judicial actions require greater notice and procedural protections than do legislative actions. If there are questions as to whether
a specific request for a land use review is quasi-judicial or legislative, the decision will be made by the City Attorney. The decision will be based on current law and legal precedent. Requests for decisions on this issue must be in writing and must be filed with the City Administrator who will forward the request to the City Attorney.