A. Purpose: The interpretation authority established herein is intended to recognize that the provisions of this title, though detailed and lengthy, 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 change the essential content of this title but rather is intended only to allow authoritative application of that content to specific cases.
B. Authority: The zoning official, subject to the procedures, standards, and limitations set forth herein, may render interpretations, including use interpretations, of the provisions of this title and of any rule or regulation issued pursuant to it.
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 shall 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 code shall be filed in accordance with the requirements of chapter 3 of this title.
2. Action On Application: Within thirty (30) days after the receipt of a properly completed application for interpretation, the zoning official shall inform the applicant in writing of his or her interpretation, stating the specific precedent, reasons, and analysis upon which the determination is based. The failure of the zoning official to act within thirty (30) days, or such further time to which the applicant may agree, shall be deemed to be a decision denying the application rendered on the day following such thirty (30) day period.
3. Appeal: Appeals from interpretations rendered by the zoning official may be taken to the zoning board of appeals as provided in section 9-4-4 of this chapter.
E. Standards For Use Interpretations:
1. The following standards shall govern the zoning official, and the zoning board of appeals on appeals from the zoning official, in issuing a use interpretation:
a. Any use defined in chapter 20 of this title shall be interpreted as therein defined;
b. No use interpretation shall permit any use in any district unless evidence shall be presented that demonstrates that it will comply with the general district regulations established for that particular district;
c. No use interpretation shall permit any use in a district unless such use is similar to other uses permitted in the district and is more similar to those uses than to uses permitted in a less restrictive district;
d. 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 interpretation permitting such use shall be conditioned on the issuance of a special use permit for such use pursuant to section 9-4-5 of this chapter; and
e. No use interpretation shall permit the establishment of any use that would be inconsistent with the statement of purpose of the district in question.
2. No use interpretation finding a particular use to be permitted or specially permitted in a particular district shall be valid for a period longer than six (6) months after 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, or a zoning certificate of occupancy is obtained and a use commenced within that period.
3. A use interpretation finding a particular use to be permitted or specially permitted in a particular district shall be deemed to authorize only the particular use for which it was issued, and such permit shall not be deemed to authorize any allegedly similar use for which a separate use interpretation has not been issued. Such permit shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of six (6) consecutive months or more.
F. Effect Of Interpretation: No interpretation, including a use interpretation finding a particular use to be permitted or specially permitted in a particular district, shall authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by the titles and ordinances of the village. (Ord. 2000-O-005, 2-14-2000)