(A) Purpose. This interpretation authority is not intended to add or change the essential content of this chapter. The interpretation authority is intended to recognize that the provisions of this chapter, though detailed and extensive, cannot, as a practical matter, address every specific zoning issue.
(B) Initiation. Applications for zoning interpretations may be filed by an owner of any property in the village. In addition, the Village Board or the Plan Commission may request that the Zoning Administrator render an interpretation. All applications for interpretations shall be filed with the Zoning Administrator in accordance with the requirements in § 153.041. Requests initiated by the village require an application, but are exempt from fees. All interpretation requests shall be for the purpose of furthering some actual development.
(C) Authority and execution. The Zoning Administrator shall review and make final decisions on written requests for interpretations.
(D) Procedure. The Zoning Administrator shall review a written request for an interpretation and render the interpretation in writing within a reasonable time. The Zoning Administrator shall have the ability to request additional information prior to rendering an interpretation.
(E) Appeals.
(1) An applicant may appeal the Zoning Administrator’s decision to the Planning and Zoning Commission within 45 days of the decision.
(2) Upon the filing of an application for an appeal of a Zoning Administrator interpretation, the Planning and Zoning Commission shall conduct a public hearing in accordance with § 153.043 within 60 days of receipt of a complete application. If, in the Planning and Zoning Commission’ judgment, the application does not contain sufficient information to enable the Board to properly discharge its
responsibilities, the Planning and Zoning Commission may request additional information from the applicant. In that event, the 60-day period shall be suspended pending receipt of all requested information and/or the public hearing continued. Notice shall give in accordance with § 153.042. The Planning and Zoning Commission shall decide the appeal within 60 days of the close of the public hearing. The Planning and Zoning Commission may reverse or affirm or may modify the interpretation.
(Ord. 929, passed 1-25-11; Ord. 1076, passed 1-23-18)