(A) 
Subject to the other provisions of this section, the Declaratory Ruling process is available for the City’s comprehensive plan and this code for the following categories of rulings. Such a determination or interpretation is known as a “declaratory ruling” and will be processed according to this section. In all cases, as part of making a determination or interpretation the Approval Authority Director (where appropriate) or Hearings Official (where appropriate) has the authority to declare the rights and obligations of persons affected by the ruling.
(1) 
Interpreting a provision of the Springfield Comprehensive Plan, Metro Plan, functional plan, or refinement plan, or implementing ordinances (and other documents incorporated by reference) in which there is doubt or a dispute as to its meaning or application;
(2) 
Interpreting a provision or limitation of a development approval issued by the City in which there is doubt or a dispute as to its meaning or application;
(3) 
Determining whether an approval has been initiated or considering the revocation of a previously issued development approval; and
(4) 
Determining lot of record status as defined in SDC 5.8.135.
(B) 
A declaratory ruling is available only in instances involving a fact-specific controversy and to resolve and determine the particular rights and obligations of particular parties to the controversy. Declaratory proceedings must not be used to grant an advisory opinion on a specific quasi-judicial development application. Declaratory proceedings must not be used as a substitute for seeking an amendment of general applicability to a legislative enactment.
(C) 
Declaratory rulings must not be used as a substitute for an appeal of a decision or for a modification of an approval. In the case of a ruling on a City development approval, a declaratory ruling is not available until 60 days after a decision is final.
(D) 
The Director may refuse to accept, and the Hearings Authority may deny an application for a declaratory ruling if:
(1) 
The Director or Hearings Authority determines that the question presented can be decided in conjunction with approving or denying a pending application or if in the Director or Hearings Official’s Authority’s judgment the requested determination should be made as part of a decision on a development application not yet filed; or
(2) 
The Director or Hearings Authority determines that there is an enforcement case pending in circuit court in which the same issue necessarily will be decided as to the applicant and the applicant failed to file the request for a declaratory ruling within 2 weeks after being cited or served with a complaint. The Director or Hearings Authority’s determination to not accept or to deny an application under this section will be the City’s final decision.
(6443)
(A) 
The following may initiate a declaratory ruling under this section:
(1) 
The owner of a property requesting a declaratory ruling relating to the use of the owner’s property;
(2) 
In cases where the request is to interpret a previously issued development approval, the holder of the approval; or
(3) 
In all cases arising under SDC 5.1.1105, Availability of Declaratory Ruling, the Director.
No other person is entitled to initiate a declaratory ruling.
(B) 
A request for a declaratory ruling must be initiated by filing an application with the Director and, except for applications initiated by the Director, must be accompanied by such fees as have been set by the City Council. Each application for a declaratory ruling must include the precise question on which a ruling is sought. The application must set forth whatever facts are relevant and necessary for making the determination and such other information as may be required by the Director.
(6443)
(A) 
A declaratory ruling will be conclusive on the subject of the ruling and bind the parties thereto as to the determination made.
(B) 
SDC 5.1.1030 Limitations on Refiling Applications notwithstanding, and except as specifically allowed therein, parties to a declaratory ruling are not entitled to reapply for a declaratory ruling on the same question.
(C) 
Except when a declaratory ruling is made by the City Council, the ruling does not constitute a final policy of the City of Springfield.
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