§ 1005. Interpretations.

1005.01. Purpose. The provisions of this section are intended to provide a simple and expeditious method for clarifying ambiguities in the text of this Ordinance, the zoning map which it incorporates, and the rules and regulations adopted pursuant to it. It is also intended to provide a simple procedure for overcoming rigidities and limitations of finite use lists.

1005.02. Authority. The Planning Commission may, subject to the procedures, standards, and limitations set forth in this Section, render interpretations of any provision of this Ordinance or any rule or regulation issued pursuant to it, including interpretations of the various uses in any district not expressly mentioned in this Ordinance.

1005.03. Procedure.

A.

Written Request for Non-Use Interpretation. Except as provided below, a request for interpretation of any provision of this Ordinance, the zoning map, or any rule or regulation adopted pursuant to this Ordinance shall be submitted in writing to the Planning Commission.

No fee shall be required in connection with any such request. Each such request shall set forth the specific provision or provisions to be interpreted, the facts of the specific situation giving rise to the request for an interpretation, and the precise interpretation claimed by the applicant to be correct. Before rendering any interpretation, the Planning Commission shall receive such further facts and information as are in their judgment necessary to a meaningful interpretation of the provision in question.

B.

Application for Use Interpretation. Applications for a use interpretation shall be submitted to the Planning Commission and shall, in all instances, contain at least the following information and documentation:

1.

The applicant's names, address, and interest in the subject property.

2.

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.

3.

The names and addresses of all professional consultants advising the applicant with respect to the interpretation.

4.

The street address and/or legal description of the subject property.

5.

The zoning classification and present use of the subject property.

6.

A complete description of the proposed use.

7.

The uses permitted by the present zoning classification, which are most similar to the proposed use.

8.

Documents, statements, and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located.

9.

Such other and further information or documentation as the Planning Commission may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

C.

Planning Commission. Within 30 days following the receipt of a completed request or application for interpretation, a written interpretation shall be mailed to the applicant. The specific precedent, reasons, and analysis on which such interpretation is based shall be stated.

Failure to render an interpretation within the aforementioned time, or such longer period of time as may be agreed to by the applicant, shall be deemed to be a rejection of the applicant's proposed interpretation. A copy of each such interpretation shall be kept on file and a copy of each such file interpretation shall be made available for public inspection during normal business hours.

D.

Appeal. Appeals on interpretations rendered by the Planning Commission, or other responsible staff, pursuant to this Section may be taken to the Zoning Board of Adjustment as provided in this Article.

1005.04. Conditions on Use Interpretations. The following conditions shall govern the Zoning Board of Adjustment on appeals from the Planning Commission, in issuing use interpretations:

A.

No use interpretation shall allow the establishment of any use that was previously considered and rejected by the Zoning Board of Adjustment on an application for amendment.

B.

No use interpretation shall permit a use in any district in which such use is not listed either as permitted or conditional in Table 4-1.

C.

No use interpretation shall permit any use in any district unless evidence shall be presented which demonstrates that it will comply with each use limitation established for the particular district.

D.

No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in such district and is more similar to such other uses than to uses permitted or conditionally permitted in a more restrictive district.

E.

If the proposed use is more similar to a conditional use than a permitted use in the district in which it is proposed to be located, then any use interpretation permitting such use shall be conditioned on the issuance of a conditional use permit.

F.

Any use permitted pursuant to this Section shall fully comply with all requirements and standards imposed by this Ordinance.

1005.05. Effect of Favorable Use Interpretation. No use interpretation finding a particular use to be permitted or conditionally permitted in a specific district shall authorize the establishment of such use or the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals which may be required by the codes and ordinances of the City of Arab, or other governmental agencies having jurisdiction. These permits and approvals include, but are not limited to, site plan, conditional use, building permits, and certificates of occupancy.

1005.06. Limitations on Favorable Use Interpretations. No use interpretation finding a particular use to be permitted or conditionally permitted in a specified district shall supersede subsequent amendment to this Ordinance.