Land Development Code (LDC) Interpretations

LDC interpretations are made by Planning and Design Services staff through the authority of the Planning Director where the language within the LDC is ambiguous, unclear or where a specific use or provision is absent. Interpretations may not be made that contradict specific references within the LDC. The following interpretations have been provided in order to clarify frequently asked LDC questions and will be included in future updates to the LDC.

Frequently asked questions and the interpretations that answer them are below.  The answers are linked to a detailed explanation of the interpretation.

Are the OR zoning districts considered non-residential or residential zoning districts? They are residential zoning districts.

Radiopharmacies are permitted in which zoning districts? Radiopharmacies are permitted in the M-3 zoning district and in any multi-purpose zone that permits M-3 uses (e.g. EZ-1)

The LDC states that Hospital parking requirements are  determined by the Planning Director.  Is there a set ratio for parking as determined by the director?
Hospital Parking Requirements

The LDC discusses dedicated right-of-way, what does that mean?
Dedicated Right of Way  

Clarification of minor subdivision 12 month exception.
Definition of a Minor Subdivision

Is a waiver needed to fill in a protected waterway?
Protected Waterway 

Are retaining walls permitted within a required setback?
Retaining Wall

Clarification of attached sign height requirements
Attached Sign Height Requirements 

Does the multiple principle structure requirements in the NFD apply to multi-family residential?
Multiple Principle Structure  

Interpretation of Section 4.3.7 Temporary Activities permit regarding the term "event"
Temporary Activity Event 

Rear yard structure encroachment for single-family residential within the Neighborhood Form District
Rear Yard Structure Encroachment

Can you replace a portion of an existing nonconforming sign with an LED sign?
LED and Noncomforming signs 

How are alternative energy systems regulated and how do maximum building and structure heights impact them?
Alternative Energy Systems    

What type of zoning district would an establishment such as Wayside Christian Mission be allowed in?

Wayside Christian Mission Housing Facility

What is the applicability of Chapter 10, Parts 1 and 2 with regard to demolitions?

Compare predevelopment of impervious surface (after subtracting demolitions of existing building and parking) to post-development impervious surface (after completion of proposed additions).   

Land Use Interpretation: Gingerwoods - 1176 Rose Island Road - What use is this considered in the LDC and in which zone(s) is it permitted?

This use is considered Historic Building and Grounds, and it is permitted in the R-4 residential zoning district.

Can limited retail or wholesale sales occur on an M-2 property when the primary use is produce warehousing and distribution? Interpretation.

What is the proper zoning designation for an amphitheater use?  Interpretation.

Is the storage of boats and recreational vehicles a permitted use within an outdoor storage area? Interpretation

What constitutes a junk yard as opposed to a temporary automobile storage facility? Interpretation

What is the proper zoning designation for Natural Gas Fueling Stations? Interpretation

Can open, unenclosed porches encroach over building limit lines?