Chapter 18.30
CODE INTERPRETATIONS

Sections:

18.30.010    Code interpretations.

18.30.010 Code interpretations.

This section provides the City a process for interpreting Chapters 18.10 to 18.90 HMC and decisions issued pursuant to Chapters 19.10 to 19.50 HMC.

1. Authorization of Similar Uses. Where a proposed use is not specifically identified by this code, or the code is unclear as to whether the use is allowed in a particular zone, the City Administrator may objectively find the use is similar to another use that is permitted, allowed conditionally, or prohibited in the subject zone and apply the code accordingly. However, uses and activities that this code specifically prohibits in the subject zone, and uses and activities that the City Administrator objectively finds are similar to those that are prohibited, are not allowed. Where these similar use rulings require the exercise of discretion, they shall be processed following the formal interpretation procedure, below. The City Administrator may also refer a request for a similar use determination to the Planning Commission for its review and decision following this procedure.

2. Code Interpretation Procedure. Requests for code interpretations, including, but not limited to, similar use determinations, shall be made in writing to the City Administrator and shall be processed pursuant to the Type II procedure in HMC 19.10.030, and as follows:

a. The City Administrator, within 14 business days of the inquiry, shall advise the person making the inquiry in writing as to whether the City will make a formal interpretation.

b. The City Administrator or Planning Commission shall advise the person making the inquiry of the City’s decision within a reasonable time frame. However, at least five days prior to notification of interpretation to the applicant, the City Administrator shall provide public notice and inform all members of the Harrisburg Planning Commission of his/her proposed interpretation. Any member of the Planning Commission or the public may require a public hearing before the Commission prior to any administrative code interpretation becoming final.

3. Written Interpretation. Following the close of the public comment period on an application for a code interpretation, the City Administrator shall mail or deliver the City’s decision in writing to the person requesting it, to any other person who specifically requested a copy of the decision, and to those who provided comment on the application. The decision shall become effective when the appeal period for the decision expires.

4. Referral to City Council. Where a code interpretation may have significant Citywide policy implications, the City Administrator may bypass the usual procedure and refer the request to the Planning Commission or City Council for legislative review in a public hearing. Such public hearings shall be conducted following Type IV procedure of this code.

5. Interpretations on File. The City shall keep on file a record of its code interpretations. [Ord. 1002 § 1 (Exh. A), 2024; Ord. 987 § 1 (Exh. A), 2022.]