A. Authority of the Building Official. The building official may render interpretations of the provisions of this title and of any rule, regulation, or condition issued or imposed pursuant to it.
B. Purpose Of Interpretations. The interpretation authority established by this section is intended to recognize that the provisions of this title cannot possibly address every specific situation to which they may have to be applied. Many such situations, however, can be readily addressed by an interpretation of the specific provisions of this title in light of the general and specific purposes for which those provisions have been enacted. Because the interpretation authority herein established is an administrative rather than a legislative authority, it is not intended to add to or to change the essential content of this title, but rather is intended only to allow authoritative application of that content to specific cases.
C. Procedure. Any person who seeks an interpretation must file a written application therefor with the Village's Community Development Department stating specifically the title provisions at issue and the facts and circumstances related to such person’s request for an interpretation. The building official will make a decision in writing on such interpretation and provide that written decision to the applicant within 30 days after the application is filed. Any failure of the building official to act within 30 days, or within such further time to which the applicant may agree, will be deemed to be a decision denying the application rendered on the day immediately after that 30-day period.
D. Appeals.
1. Right to Appeal. A decision by the building official on an interpretation under this section, or on the application of a provision of this title, may be appealed to the Building, Planning, and Zoning Committee by the filing of a written application for an appeal with the Village Administrator.
2. Scheduling. Within 10 days after an appeal has been filed pursuant to this section, the building official must set a date and time for a meeting before the Village Building, Planning, and Zoning Committee. The meeting must take place within 30 days after the appeal has been filed.
3. Postponement. The appellant has the right to request one postponement of the meeting. If a request is made, then the building official must set the meeting for a date no more than 30 days after the first-established date.
4. Meeting Procedures. The Building, Planning, and Zoning Committee may adopt procedures governing the procedure for its meetings. Those procedures must be consistent with the following standards:
a. The procedures need not require compliance with strict rules of evidence, but must mandate that only relevant information be received.
b. Meetings must be open to the public. There is no requirement that members of the public be allowed to speak at a meeting.
c. The appellant, the appellant’s representative, the Village, and any person whose interests are directly affected must be given an opportunity to be heard and may submit documents in support of their position.
d. At a meeting, the Building, Planning, and Zoning Committee may receive testimony and review documents and other relevant materials.
e. The building official and Village Administrator may participate fully in all proceedings, but do not vote on any decision.
5. Decisions. The Building, Planning, and Zoning Committee must vote on the appeal and prepare a written recommendation within 15 days after the conclusion of the meeting on appeal. The recommendation must be transmitted promptly to the appellant and scheduled for consideration by the Board of Trustees within 30 days. The Board of Trustees shall consider the recommendation of the Building, Planning, and Zoning Committee. The Board of Trustees shall take action on the recommendation at the next available regularly scheduled Board Meeting. (Ord. 2023-O-8)