A. Interpretations of this Title.
1. Authority Of The Building Commissioner. The Building Commissioner may render written interpretations of the provisions of this Title and of any rule, regulation, or condition issued or imposed pursuant to it.
2. Purpose Of Interpretations. The interpretation authority established by this Section is intended to recognize that the provisions of this Title 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 Title 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 to change the essential content of this Title, but rather is intended only to allow authoritative application of that content to specific cases.
3. 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 and would be merely an advisory opinion.
4. Procedure. Any person who seeks a written interpretation must file a written application therefor with the Village stating specifically the Title provisions at issue and the facts and circumstances related to such person’s request for an interpretation. The Building Commissioner will make a decision in writing on such interpretation and provide that written decision to the applicant within 30 days after the application is filed. Any failure of the Building Commissioner to act within 30 days, or within such further time to which the applicant may agree, will be deemed to be a decision denying the application rendered on the day immediately after that 30 day period.
B. Appeals from this Title.
1. Authority. The Architectural Board of Review shall hear and decide appeals from, and review orders, decisions, determinations, or the failure to act, of the Building Commissioner acting pursuant to his authority and duties under this Title. To that end, the Architectural Board of Review shall have the same powers and be subject to the same standards and limitations as the Building Commissioner with respect to any order, decision or determination being appealed.
2. Purpose. The appeal procedure is provided as a safeguard against arbitrary, ill-considered or erroneous administrative decisions. It is intended to avoid the need for resort to legal action by providing a local procedure for the review and correction of administrative errors. It is not, however, intended as a means to subvert either the purposes, intent, or meaning of this Title or the rightful authority of the Building Commissioner to enforce this Title. To these ends, the reviewing body should give all proper deference to the spirit and language of this Title and to the reasonable interpretations of those charged with its administration.
3. Right To Appeal. A decision by the Building Commissioner on an interpretation under this Section, or on the application of a provision of this Title, may be appealed to the Architectural Board of Review by the filing of a written application for an appeal with the Village Administrator.
4. Scheduling. Within ten days after an appeal has been filed pursuant to this Section, the Building Commissioner must set a date and time for a meeting before the Architectural Board of Review. The meeting must take place within 30 days after the appeal has been filed.
5. Postponement. The appellant has the right to request one postponement of the meeting. If a request is made, then the Building Commissioner must set the meeting for a date no more than 30 days after the first established date.
6. Meeting Procedures. The Architectural Board of Review may adopt procedures governing the procedures for its meetings. Those procedures must be consistent with the following standards:
a. The procedures need not require compliance with strict rules of evidence.
b. Meetings shall be open to the public. There is no requirement that members of the public be allowed to testify at a meeting.
c. The appellant, the appellant’s representative, the Village, and any person whose interests are directly affected must be given an opportunity to be heard and may submit documents in support of their position.
d. At a meeting, the Architectural Board of Review may receive testimony and review documents and other relevant materials.
e. The Building Commissioner may participate fully in all proceedings, but has no vote on any decision.
7. Decisions. The Architectural Board of Review must issue a written decision within 15 days after the conclusion of the meeting on appeal. That decision must be transmitted promptly to the appellant. The decision may reverse, affirm or modify, in whole or in part, the action appealed and may include such order or determination as, in the opinion of the Architectural Board of Review, is proper to be made. A failure of the Architectural Board of Review to issue a written decision within 15 days will be deemed a denial of the appeal. All decisions by the Architectural Board of Reviews are final. (Ord. 2021-13, 6-28-2021)