(A) Notwithstanding the provisions of § 157.226, the Zoning Administrator may issue a written order, requirement, decision, or determination regarding the permissibility of a specific use or density of a landowner’s property only in accordance with this section and with the concurrence of the Town Attorney. Except to the extent expressly delegated in writing, no other town officer or employee is authorized to issue such orders, requirements, decisions, or determinations.
(B) The Zoning Administrator does not have the authority to issue an order, requirement, decision, or determination regarding the permissibility of a specific use or density of a landowner’s property that is inconsistent with this chapter. Such an inconsistency, if it occurs, shall be considered nondiscretionary error.
(C) The Zoning Administrator is hereby authorized and directed to establish a written policy which governs the issuance of written orders, requirements, decisions, or determinations regarding the permissibility of a specific use or density of a landowner’s property.
(D) (1) The Zoning Administrator is hereby authorized and directed to create a standard form of application that is to be used by landowners or their authorized agents in order to obtain a written order, requirement, decision, or determination regarding the permissibility of a specific use or density of their property.
(2) The Zoning Administrator shall not issue a written order, requirement, decision, or determination regarding the permissibility of a specific use or density of a landowner’s property, unless said landowner or their authorized agent submits the standard form of application and provides all of the information that is requested therein.
(E) The fee for processing an application requesting a written order, requirement, decision, or determination regarding the permissibility of a specific use or density of a landowner’s property shall be equal to the fee associated with obtaining a zoning certification.
(F) (1) Unless earlier suspended by action of the Council, a written order, requirement, decision, or determination issued under this section remains in effect for one year.
(2) If the owner or developer incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the written order, requirement, decision, or determination, however, it shall remain in effect while such diligent pursuit continues.
(1998 Code, § 66-273) (Ord. passed 9-5-2017)