(A) Authority. The Administrative Official, subject to the procedures, standards and limitations of this section, may render interpretations, including use interpretations, of the provisions of this chapter 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 chapter, though detailed and lengthy, cannot possibly address every specific situation to which they may have to be applied. Many situations, however, can be readily addressed by an interpretation of the specific provisions of this chapter 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 chapter 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 chapter shall be filed in accordance with the requirements of § 153.247.
(2) Action on application. Within 30 days following the receipt of a properly completed application for interpretation, the Administrative Official shall inform the applicant in writing of his or her interpretation, stating the specific precedent, reasons and analysis upon which the determination is based. The failure of the Administrative Official to act within 30 days, or a further time to which the applicant may agree, shall be deemed to be a contrary interpretation rendered on the day following the 30-day period thereby allowing the applicant to pursue an appeal pursuant to § 153.243.
(3) Appeal. Appeals from interpretations rendered by the Administrative Official may be taken to the Zoning Board of Appeals as provided in § 153.243.
(E) Standards for use interpretations. The following standards shall govern the Administrative Official and the Zoning Board of Appeals on appeals from the Administrative Official, in issuing use interpretations.
(1) Any use defined in § 153.003 shall be interpreted as therein defined.
(2) No use interpretation shall permit a use listed as a permitted use or a special use in a district to be established in any district in which the 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 the use is substantially similar to other uses permitted in the district and is more similar to 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 the use shall be conditioned on the issuance of a special use permit for the use pursuant to § 153.245.
(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 the 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 temporary use permit, 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 Administrative Official, 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 the permit shall not be deemed to authorize any allegedly similar use for which a separate use interpretation has not been issued. The 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.
(Ord. 577, passed 4-14-1969; Ord. 1018, passed 6-22-2009)