This title is intended to protect the interests of both present and future residents and the general public from adverse impacts of land uses. Each standard is developed as a regulatory response to an identifiable negative impact or potential. At the same time, this title is intended to respect the right of landowners to a beneficial use of their property. These regulations were designed to provide greater flexibility and more development options to protect public rights and to minimize impact on property owners to the greatest extent consistent with good planning principles. A sound interpretation of any standard cannot be ensured without a careful analysis of the end to which the regulation is directed. Administrators and other persons shall interpret this title based on an understanding of the purposes intended. The intent of the standards and supporting definitions is to protect both individual property owners and the general public from adverse impacts which might otherwise be the result of a proposed land use. To this end, those called upon to interpret this title shall proceed as follows:
A. Public Purpose. Before any decision is made, there must be an explicit identification of the purposes for which the regulation or standard was initially imposed by the legislative body. This shall include the purposes stated in this title and its relevant chapter(s), article(s) or section(s), and an examination of the comprehensive plan.
B. Impact. Two questions must be asked to determine the actual impact of various proposed interpretations:
1. Does the interpretation reduce protection to the public or occupants of the site?
2. Does the interpretation provide greater freedom to the landowner to use the property?
C. Decision Criteria. The decision should permit flexibility in design provided that it shall not lower the protection afforded to the public. An interpretation which permits increased design freedom is to be encouraged. An interpretation which permits any of the following is prohibited:
1. A use prohibited in the district or a use similar to a prohibited use;
2. An intensity increase in the use beyond the degree specified in this title;
3. A decrease in a standard that reduces the protection afforded neighbors, the environment or the general public;
4. A decrease in a standard that would endanger users of a property or others.
D. Balancing Rights. This title has been carefully designed to avoid regulations that either sacrifice legitimate public goals, including the protection of adjoining property owners, or require undue limitations on the ability of property owners to use their land in manners consistent with the goals of the city comprehensive plan. Great care has been taken to both balance the rights of competing groups and achieve maximum protection with flexibility and a range of use options. Persons interpreting this title shall not substitute their judgments for the legislative intent of the city commission. (Ord. 1495-96 § 3(part), 1996).