Interpretation, conflict with other laws and regulations; waivers.
(a)
In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare of the residents of the Town. These regulations shall be liberally construed to further their underlying purposes.
(b)
Application of overlapping or conflicting regulations. Whenever both a provision of this Chapter and any other provision of this Chapter or any provision in any law, ordinance, resolution, rule or regulation of any kind contain any restrictions covering any of the same subject matter, whichever regulations are more restrictive or impose higher standards or requirements shall govern.
(c)
When uncertainty exists with any language or provision within this Chapter, the Planning Director is authorized to provide a written interpretation to the Board of Trustees for its review and consideration. The Planning Director shall consult with the Town Administrator, the Town Attorney and other affected Town officials prior to presenting said interpretation to the Board of Trustees. The Board of Trustees shall determine whether to approve the interpretation provided by the Planning Director or modify the interpretation based on the provisions of Subsection (b) above. In the event the consideration of the interpretation by the Board of Trustees necessitates the drafting of clarifying legislation, the Board of Trustees shall direct that such an ordinance be drafted for its review and consideration.
(d)
The Board of Trustees, in special circumstances and following an advisory recommendation from the Planning Commission, may authorize waivers from the provisions of this Chapter. Waivers may be granted for the purpose of encouraging flexibility and variety in development. The Board of Trustees will not look favorably on waiver requests for self-inflicted hardships. Such waivers may be granted if it is deemed by the Board of Trustees to be in the public interest and does not impair the intent and purposes of this Chapter.
(Ord. 12-02 §1)
Interpretation, conflict with other laws and regulations; waivers.
(a)
In their interpretation and application, the provisions of this Chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety and welfare of the residents of the Town. These regulations shall be liberally construed to further their underlying purposes.
(b)
Application of overlapping or conflicting regulations. Whenever both a provision of this Chapter and any other provision of this Chapter or any provision in any law, ordinance, resolution, rule or regulation of any kind contain any restrictions covering any of the same subject matter, whichever regulations are more restrictive or impose higher standards or requirements shall govern.
(c)
When uncertainty exists with any language or provision within this Chapter, the Planning Director is authorized to provide a written interpretation to the Board of Trustees for its review and consideration. The Planning Director shall consult with the Town Administrator, the Town Attorney and other affected Town officials prior to presenting said interpretation to the Board of Trustees. The Board of Trustees shall determine whether to approve the interpretation provided by the Planning Director or modify the interpretation based on the provisions of Subsection (b) above. In the event the consideration of the interpretation by the Board of Trustees necessitates the drafting of clarifying legislation, the Board of Trustees shall direct that such an ordinance be drafted for its review and consideration.
(d)
The Board of Trustees, in special circumstances and following an advisory recommendation from the Planning Commission, may authorize waivers from the provisions of this Chapter. Waivers may be granted for the purpose of encouraging flexibility and variety in development. The Board of Trustees will not look favorably on waiver requests for self-inflicted hardships. Such waivers may be granted if it is deemed by the Board of Trustees to be in the public interest and does not impair the intent and purposes of this Chapter.
(Ord. 12-02 §1)