(A) Authority. In the event of the need to determine the boundary of a zoning district, the Zoning Administrator shall have the authority and jurisdiction to render a written determination of the boundary of a zoning district.
(B) Initiation. Any person may request an interpretation of a zoning district boundary by presenting an application for an interpretation of a zoning district boundary.
(C) Procedure. An application for an interpretation of a zoning district boundary shall be considered and processed as follows.
(1) A complete interpretation of a zoning district boundary application shall be submitted to the Town Clerk.
(2) After an application is determined to be complete by the Town Clerk, the Zoning Administrator shall review the application and make an interpretation in accordance with the standards set forth in this chapter.
(3) After making a decision, the Zoning Administrator shall provide written notice of the boundary interpretation to the applicant. A record of the zoning district boundary interpretation of the Zoning Administrator shall be maintained in the office of the Town Clerk.
(D) Standards for making zoning district boundary administrative interpretations. The Zoning Administrator shall apply the following standards in making an interpretation of a zoning district boundary:
(1) The standards and requirements applying to such zoning district;
(2) In areas divided into lots, a zoning district boundary shall follow the boundary of a lot, unless clearly intended to divide a lot for reasons of topography, land form or other physical constraints;
(3) In areas not subdivided into lots, wherever a zoning district is indicated as a strip adjacent to and paralleling a right-of-way, the depth of such strips shall be in accordance with dimensions measured at right angles from the centerline of the right-of-way, and the length of frontage shall be in accordance with dimensions measured from section, quarter section or division lines, or centerlines of rights-of-way, unless otherwise indicated;
(4) Where a zoning district boundary follows a natural or human-made feature, such boundary shall be deemed to be the centerline of such natural or human-made feature; and
(5) Where a zoning district boundary follows the right-of-way of any road, street, trail or other public or private right-of-way or easement, such boundary shall be deemed to be the centerline of such road, street, trail or other public or private right-of-way or easement.
(E) Effect of interpretation. A zoning district boundary interpretation shall apply only to the property for which an interpretation is given. A zoning district boundary interpretation shall not authorize the establishment of any 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.
(F) Appeal. Any person adversely affected by a zoning district boundary 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, § 203)