(A) Responsibility. In the event that any question arises concerning the application of regulations, performance standards, definitions, development criteria or any other provision of the UDO, the UDO Administrator shall be responsible for interpretation and shall look to the Unified Development Ordinance for guidance. Responsibility for interpretation by the UDO Administrator shall be limited to standards, regulations and requirements of the UDO, but shall not be construed to include interpretation of any technical codes adopted by reference in the UDO, and shall not be construed as overriding the responsibilities given to any commission, board, building inspector or town officials named in other sections or articles of the UDO.
(B) Permitted uses.
(1) If a use is not specifically listed in any of the districts listed in this Unified Development Ordinance, then the UDO Administrator shall have the authority to interpret in which district the use, if any, should be permitted.
(2) If the UDO Administrator rejects a proposal for a use that is not clearly disallowed in a particular district, then the UDO Administrator shall:
(a) Ensure that the citizen is provided with a copy of the interpretation in writing;
(b) Inform the citizen of the right to appeal the decision to the Board of Adjustment; and
(c) Assist with the development of a proposed zoning text change for consideration by the Planning Board and Board of Commissioners allowing policy-makers to determine whether the proposed use should be an allowable use in the district or not. Financial responsibility for a proposed zoning text change shall be on the applicant.
(C) Delegation of authority. Unless otherwise specified in the UDO, the identification of certain officials, including the UDO Administrator, Town Administrator, Town Attorney or any other town official to perform a task or carry out a specific responsibility, shall also include the designee of such official.
(D) Computation of time.
(1) Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded.
(2) Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice and the notice or paper is served by mail (certified mail/return receipt requested), three days shall be added to the prescribed period.
(Ord. eff. 9-6-2012, § 1.8; Am. Ord. 21-1, passed 9-17-2020)