(a) The
board is authorized to issue advisory opinions.
(b) Advisory
opinions are written rulings regarding the application of this code
to a particular situation or behavior. Advisory opinions can only
be issued in response to the receipt of a written request from any
official filed with the city secretary.
(c) Requests
for advisory opinions satisfying the requirements of this section
shall be referred by the city secretary to the board chairperson,
who shall appoint a subcommittee to issue a preliminary report regarding
its request.
(d) The
board and subcommittee are authorized to conduct inquiries into the
facts provided in an advisory opinion, as needed. Such inquiry may
include interviewing the persons involved, taking witness statements,
and requesting and reviewing any documentation, including books, papers,
records, or any other evidence necessary for the board to perform
its duties.
(Ordinance 2019-05-15-01 adopted 5/20/19)
(a) The
board is authorized to grant waivers of the restrictions imposed by
this code.
(b) Waivers
are approved exceptions from the restrictions imposed by this code.
(c) Requests
for waivers must be filed with the city secretary, who shall refer
the request to the board chairperson. The board chairperson shall
appoint a subcommittee to issue a preliminary report regarding this
request.
(d) To
grant a waiver, the board must determine in writing that
(1) The public interest would be better served by the waiver of such
prohibition; or
(2) The application of such prohibition would work a hardship on the
person involved and any detriment to the city would be negligible.
(Ordinance 2019-05-15-01 adopted 5/20/19)