(a) (1) It is the intent of this Land Development Code that all questions of interpretation, administration, and enforcement, of chapters 3A (concurrency), 4A (building, flood protection, and coastal construction), 5A (coastal setback regulation), 9A (landscaping and trees), and 11A (environmentally sensitive lands) of this Land Development Code, shall be first presented to the Building Official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Building Official. Recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law.
(2) It is the intent of this Land Development Code that all questions of interpretation, administration, and enforcement, of chapters 1A (general administration), 2A (comprehensive planning), 6A (subdivision regulation), and 7A (zoning), of this Land Development Code, shall be first presented to the Zoning Official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning Official. Recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law. In interpreting whether a particular use is allowed either as a principal, conditional, or accessory use, the Zoning Official shall be guided first by the specific uses delineated in particular zoning districts, and if no specific use is delineated, the Zoning Official shall be guided by the delineated uses to determine whether uses similar thereto are permitted and by examination of the intent of the zoning district.
(b) In interpreting provisions of this Land Development Code, the Zoning Official and the Building Official, as appropriate, shall be guided first by the plain meaning of the words and terms in this Land Development Code and second by the intent expressed herein. The Zoning Official and the Building Official shall make interpretations by interpreting the code as a whole and not by taking specific words or clauses in isolation.
(c) It is further the intent of this Land Development Code that the duties of Town Commission in connection with this Land Development Code shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Land Development Code with the Board of Adjustment deciding questions of interpretation and enforcement.
(Am. Ord. 99-02, passed 2-17-99; Am. Ord. 2004-02, adopted 7-21-04; Am. Ord. 2017-05, adopted 12-20-17)