When it is readily apparent from the Village’s Official Zoning Map that a given lot and/or parcel within the corporate limits of the Village is divided between two (2) or more different zoning districts of the Village, in order to avoid any inconvenience, uncertainty, and/or confusion in such cases, the Zoning Official shall be and is hereby authorized to make a determination as to which single zoning district shall be applicable to the entirety of such lot or parcel by applying the hierarchy of rules of interpretation as set forth in this Section in order to determine which single zoning district should be applicable to the entirety of such lot and/or parcel, and so that such lot or parcel may thereafter be treated as wholly contained within that single zoning district assigned by the Zoning Official which results from the application of the following hierarchy of rules of Zoning Map interpretation:
A. The rules of Zoning Map interpretation as set forth in this Section shall be used by the Village’s Zoning Official to assign any given lot or parcel now located in two (2) or more different zoning districts of the Village to a single zoning district without further action of the Zoning Board of Appeals or of the Board of Trustees.
B. The following rules shall be applied by the Zoning Official sequentially in ascending numeric order until the question of which single zoning district shall be applicable to the whole of a given lot or parcel which is presently divided into two (2) or more different zoning districts by the Zoning Map is unequivocally resolved:
Rule #1: Assign a zoning district of the Village based upon the majority of area of the lot or parcel which is located in one zoning district;
Rule #2: Assign a zoning district based upon a comparison of the given lot or parcel to all adjacent lot(s) or parcel(s), including but not limited to lots or parcels fronting on the same street or roadway, but also those on the opposite side of such street or roadway from the given lot or parcel in question;
Rule #3: Assign a zoning district which minimizes any hardship on the owner(s) of any given lot or parcel.
C. Should the sequential application of the aforesaid hierarchy of rules of Zoning Map interpretation not unequivocally resolve the question of the appropriate assignment of a given lot or parcel to a single zoning district, the owner(s) of such lot or parcel may initiate a Zoning Map amendment to accomplish the assignment or classification of such lot or parcel into one zoning district.
D. Should the owner(s) of the property in question disagree with the determination of the Zoning Official as to the zoning district assigned to a given lot or parcel, the property owner(s) may appeal such decision within forty-five (45) days thereof to the Village’s Zoning Board of Appeals. (Ord. 2023-06-02, 6-5-2023)