(A) Purpose. To promote day-to-day efficiencies in the administration and implementation of this chapter, and where ambiguity, conflicting provisions or confusion may exist in any standard or requirement of this chapter, this section is provided to allow the Zoning Administrator to make interpretations of this chapter, on an as-required basis, guided by the purposes of this chapter and the Act, applied to the specific circumstance.
(B) Authority. The Zoning Administrator is authorized to render interpretations of this chapter.
(C) Initiation. Any person may request an administrative interpretation of a standard or requirement of this chapter by presenting an application for an administrative interpretation.
(D) Procedure. An application for an administrative interpretation shall be considered and processed as follows:
(1) A complete administrative interpretation application shall be submitted to the Town Clerk;
(2) After the application is determined complete by the Town Clerk, the Zoning Administrator shall review the application and shall make an interpretation in accordance with the standards set forth in this chapter; and
(3) After making a decision, the Zoning Administrator shall provide written notice of the administrative interpretation to the applicant. A record of the administrative interpretation of the Zoning Administrator shall be maintained in the office of the Town Clerk.
(E) Standards for making administrative interpretations. The Zoning Administrator shall apply the following standards in making an administrative interpretation.
(1) The administrative interpretation shall not have the effect of adding or removing any standard or requirement of this chapter.
(2) An administrative interpretation shall be consistent with the purposes of this chapter and the Act and any previously rendered administrative interpretations, based on similar facts.
(3) An administrative interpretation concerning a use interpretation shall not allow the establishment of a use that is substantially different from an allowed use or is a prohibited use in the zoning district.
(4) No use interpretation shall permit the establishment of any use that would be inconsistent with the purposes of the zoning district in which it would be located.
(F) Effect of interpretation. An administrative interpretation shall apply only to the property for which an interpretation is given. A use interpretation finding a use to be an allowed use shall not authorize the establishment of such use, but merely authorizes the filing of the land use application necessary for any approvals, permits or licenses, as may be required by this chapter.
(G) Appeal. Any person adversely affected by an administrative interpretation rendered by the Zoning Administrator may appeal the decision to the town’s Planning Commission, as provided herein.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 202)