(A) Authority: Subject to the procedures, standards, and limitations of this section, the Zoning Administrator 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 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 may 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 must be filed in accordance with the requirements of § 159-2.201 of this part and the administrative application policy.
(2) Action On Application. Within 30 days following the receipt of a properly completed application, the Zoning Administrator will inform the applicant in writing of his or her interpretation, stating the specific precedent, reasons, and analysis on which the determination is based.
(3) Appeal. Appeals from interpretations rendered by the Zoning Administrator may be taken to the Zoning Board of Appeals as provided in § 159-2.311 of this part.
(E) Standards: The following standards govern both the Zoning Administrator and the Zoning Board of Appeals on appeals from the Zoning Administrator in issuing use interpretations.
(1) Any use expressly defined in this chapter will be interpreted as defined.
(2) No use interpretation may permit a use listed as a permitted use or a special use in any district to be established in any district in which the use is not so listed.
(3) No use interpretation may permit any use in any district unless evidence is presented that demonstrates that it will comply with each use limitation established for that particular district.
(4) No use interpretation may 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 those uses than to uses permitted or specially permitted in a more 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 must be conditioned upon the issuance of a special use permit.
(6) No use interpretation may permit the establishment of any use that would be inconsistent with the district intent statement of the district in question.
(7) Subject to the foregoing conditions and limitations, in rendering use interpretations, the Zoning Administrator and Zoning Board of Appeals shall be guided by the SIC or NAICS use classification system and methodology.
(F) Effect Of Favorable Use Interpretations: No use interpretation finding a particular use to be permitted or specially permitted in a particular district authorizes the establishment of the use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but merely authorizes 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, zoning permit, special use permit, building permit, or any other required permit.
(G) Time Limitation: Subject to an extension of time granted by the Zoning Administrator, no use interpretation finding a particular use to be permitted or specially permitted in a particular district will be valid for a period longer than 6 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.
(H) Applicability: A use interpretation finding a particular use to be permitted or specially permitted in a particular district will be deemed to refer only to the particular use for which it was issued, and such permit shall not be deemed to refer to any allegedly similar use for which a separate use interpretation has not been issued. The permit will automatically expire and cease to be of any force or effect if the particular use for which it was issued is, for any reason, discontinued for a period of 6 consecutive months or more.
(Ord. 17-2-2065, passed 2-27-2017)