§ 134-164. Interpretation of chapter and accompanying zoning district maps.

This section provides rules for resolving questions about the meaning or applicability of any part of this chapter. The provisions of this section are intended to ensure the consistent interpretation and application of the provisions of this chapter. The zoning division manager or his/her designee is assigned the responsibility and authority to interpret the requirements of this chapter.

(a)

In interpreting allowable uses of land if a proposed land use is not specifically listed in the regulations of the district in which a property is located, the following rules shall apply:

(1)

The zoning division manager or his/her designee may determine the characteristics of, activities associated with and potential land use impacts of the proposed use are consistent with those of one or more of the uses listed in the zoning district as allowable, and will not involve a higher level of activity or density than the uses listed in the district.

(b)

In interpreting the zoning district maps, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following the boundary lines of streets, alleys, railroads, public lands or channels or bodies of water, such lines shall be construed to be such boundaries.

(2)

Where such boundaries are indicated so that they approximately follow the lines of lots or other parcels of record and are not more than ten feet distant therefrom, such lot or parcel lines shall be construed to be such boundaries.

(3)

If the rules set out in subsections (a) and (b) of this section do not apply, the location of a district boundary, unless the boundary is indicated by dimensions shown on the map, shall be determined by use of the scale appearing thereon.

(Ord. of 12-26-72; Ord. of 12-11-90, § 3-28-11.1; Ord. of 9-12-00; Amd. of 2-24-09)