1.05.02 RESPONSIBILITY FOR INTERPRETATIONS

Interpretation shall not be construed to override the responsibilities given to any commission, board, or official named in other sections or chapters of this LDC. ​​

  

1.05.00 INTERPRETATIONS 

1.05.01 GENERALLY

A. In the interpretation and application of this LDC, all provisions shall be liberally construed in favor of the objectives and purposes of the City and deemed to neither limit nor repeal any other powers granted to the City under State Statutes. 

 

B. In interpreting and applying the provisions of this LDC, the provisions shall be held be the minimum requirements for the promotion of the public health, safety, morals, and general welfare of the City. 

 

C. Specific provisions of this LDC shall be followed in lieu of general provisions that may be in conflict with the specific provision. 

 

D. Where any provisions of this LDC conflict with any other provisions of this LDC or with other regulations, the more stringent restrictions shall be applied. 

 

E. If a specific regulation, standard, definition, development criteria, or provision is not included in this Land Development Code, the regulation, standard, definition, development criteria, or provision, shall not be permitted. 

1.05.02 RESPONSIBILITY FOR INTERPRETATIONS

A. In the event that any question arises concerning the application of regulations, standards, definitions, development criteria, or any other provision of this LDC, the City Manager shall be responsible for interpretation. In the interpretation of this LDC, the City Manager shall seek guidance from the comprehensive plan. 

 

B. Responsibility for interpretation by the City Manager shall be limited to standards, regulations, and requirements of this LDC, and shall not be construed to include interpretation of any technical codes adopted by reference in this LDC. Interpretation shall not be construed to override the responsibilities given to any commission, board, or official named in other sections or chapters of this LDC. 

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Much discussion seems to have arisen about the City Manager’s interpretation of the LDC since the issuance of 2 legal opinions, both of which clearly hold that the City must follow its Comprehensive Plan which clearly prohibits chemical manufacturing and refining in the Industrial land use designation. However as stated above 1.05.02 B clearly disallows any interpretation from overriding the city commission’s responsibilities to its citizens. Also, 1.05 A clearly states “In the interpretation of this LDC, the City Manager shall seek guidance from the comprehensive plan.”

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So we have a Comprehensive Plan and LDC, which have been supported and confirmed by 2 outside legal opinions. We have a City Commission which by law must uphold and follow the Comprehensive Plan. In our opinion, there can be no further or other “interpretation” to override the City Commission’s responsibilities to its citizens.

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