A. Purpose: The interpretation authority established by this Section is intended to recognize that the provisions of the Zoning Regulations, though detailed and lengthy, cannot possibly address every specific use to which a subject property may be used. Many such situations can, however, be readily addressed by an interpretation of the specific provisions of the Zoning Regulations 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 the Zoning Regulations but, rather, is intended only to allow authoritative application of that content to specific cases.
B. Uses of Property: No property in the Village may be used for any purpose other than those than those permitted and special uses identified in the zoning use table for the applicable zoning district except upon the issuance of a use interpretation in accordance with the requirements of this Section. A use interpretation may result in the treatment of an unlisted use as a permitted or special use within a certain zoning district.
C. Authority: The Building Commissioner may, subject to the procedures, standards, and limitations of this Section, render use interpretations as to whether a proposed use of a subject property is permitted under the Zoning Regulations.
D. Who May Apply: An application for a use interpretation may be initiated only by the owner of a subject property.
E. Application:
1. All applications for an interpretation must be for the purpose of furthering some actual development or use within the Village. No request for a use interpretation will be accepted when it is only hypothetical in nature and does not concern an actual proposal for a development or to use a property in a particular manner.
2. In addition to the general requirements of Article B of Chapter 2 of this Title concerning applications, the application must state:
a. The facts and circumstances that are the basis for the request for a use interpretation; and
b. The use or uses that are asserted by the applicant to include, or be the most similar to, the proposed use.
F. Procedure:
1. Action By Building Commissioner:
a. Prior to issuing an interpretation, the Building Commissioner may request a conference with the applicant to discuss the request.
b. The Building Commissioner must review the application and render an interpretation within 30 days of receipt of a complete application.
c. The Building Commissioner shall produce a written interpretation in response to a request for interpretation that sets forth the facts, reasons, analysis, and standards upon which the interpretation is based.
2. PCZBA Notice of Decision: The Building Commissioner shall transmit a copy of the interpretation to the Plan Commission and Zoning Board of Appeals at or prior to their next scheduled regular meeting as an informational report.
3. Public Notice of Decision: The Building Commissioner shall cause mailed notice to be delivered to property owners near the site of the proposed development as described in Article B of Chapter 2 of this Title within seven days of issuing the Building Commissioner's interpretation. The notice shall state that the interpretation may be appealed to the Joint Plan Commission and Zoning Board of Appeals.
4. Appeal: Any aggrieved person may appeal the Building Commissioner's interpretation issued pursuant to this Section to the Plan Commission and Zoning Board of Appeals pursuant to Section 10-2C-6 within 30 days of the date that the Building Commissioner issues its use interpretation. In calculating the time for an appeal concerning this Section, the date that public notice was mailed shall be considered the date the interpretation was issued.
G. Standards for Use Interpretations:
1. No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of the zoning district in question.
2. No use interpretation shall permit a use listed as a permitted or special permit use in any other zoning district to be established where such use is not so listed or such use is expressly prohibited.
3. No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in such zoning district or, where a use will be treated as a special use, is substantially similar to other special uses in such zoning district.
4. The Building Commissioner may consider the following factors in determining whether the proposed use is substantially similar to the permitted, special, or prohibited uses in the subject zoning district:
a. The description and general characteristics of the use;
b. The intensity of the use;
c. The amount of site or floor area and equipment devoted to the use;
d. The presence of and amount of sales from the use;
e. The customer type for the use, such as whether sales are to consumers, businesses, or occur in-person or remotely;
f. The number of employees involved in the use;
g. The hours of operation of the use;
h. The building and site arrangement for the use;
i. The number and type of vehicles employed by the use;
j. The number of vehicle trips generated by the use, including by employees, customers, and deliveries;
k. How the use is advertised or represented;
l. Whether the use would be likely to be found independent of the other activities on the site;
m. Whether the use is subordinate to and serves another use in the development;
n. Whether a use is subordinate in area, extent, or purpose to the principal building or use served;
o. Whether the use contributes to the comfort, convenience or necessity of occupants, customers, or employees of a principal use; and
p. Any other relevant evidence. (Ord. 2022-38, 12-12-2022)