A. Authority. The Village Manager, subject to the procedures, standards, and limitations of this Section, may render interpretations, including use interpretations, of the provisions of this Code and of any rule or regulation issued pursuant to it.
B. Purpose. The interpretation authority established by this Section is intended to recognize that the provisions of this Code, though detailed and lengthy, 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 Code 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 change the essential content of this Code but rather is intended only to allow authoritative application of that content to specific cases.
C. Parties Entitled to Seek Interpretations. Applications for interpretations may be filed by any person having an interest in the circumstances giving rise to the need for an interpretation; provided, however, that interpretations shall not be sought by any person based solely on hypothetical facts or where the interpretation would have no effect other than as an advisory opinion.
D. Procedure.
1. Application. Applications for interpretations of this Code shall be filed in accordance with the requirements of Section 7-201 of this Code.
2. Action on Application. Within 30 days following the receipt of a properly completed application for interpretation, the Village Manager shall inform the applicant in writing of his or her interpretation, stating the specific precedent, reasons, and analysis upon which the determination based. The failure of the Manager to act within 30 days, or such further time to which the applicant may agree, shall be deemed to be a contrary interpretation rendered on the day following such 30-day period thereby allowing the applicant to pursue an appeal pursuant to Section 7-402 of this Code.
3. Appeal. Appeals from interpretations rendered by the Village Manager may be taken to the Zoning Board of Appeals as provided in Section 7-402 of this Code.
E. Standards for Use Interpretations. The following standards shall govern the Village Manager, and the Zoning Board of Appeals on appeals from the Manager, in issuing use interpretations:
2. No use interpretation shall permit a use listed as a permitted use or a special permit use in a district to be established in any district in which such use is not so listed.
3. No use interpretation shall permit any use in any district unless evidence shall be presented that demonstrates that it will comply with each use limitation established for that particular district.
4. No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in such district and is more similar to such other uses than to uses permitted or specially permitted in a less restrictive district.
5. If the proposed use is most similar to a use permitted only as a special use in the district in which it is proposed to be located, then any use interpretation permitting such use shall be conditioned on the issuance of a special use permit for such use pursuant to Section 7-502 of this Code.
6. No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of the district in question.
7. Subject to the foregoing conditions and limitations, in rendering use interpretations the Village Manager shall be guided by the Standard Industrial Classification Manual and the use classification method-ology used therein.
F. Effect of Favorable Use Interpretation. No use interpretation finding a particular use to be permitted or specially permitted in a particular district shall authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that
may be required by the codes and ordinances of the Village including, but not limited to, a special use permit, a certificate of zoning compliance, a building permit, a certificate of occupancy, and subdivision approval.
G. Limitations on Favorable Use Interpretations. Subject to an extension of time granted by the Village Manager pursuant to Subsection 7-101K of this Code, no use interpretation finding a particular use to be permitted or specially permitted in a particular district shall be valid for a period longer than six months from the date of issue unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.
A use interpretation finding a particular use to be permitted or specially permitted in a particular district shall be deemed to authorize only the particular use for which it was issued, and such permit shall not be deemed to authorize any allegedly similar use for which a separate use interpretation has not been issued. Such permit shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of six consecutive months or more.