A.

Purpose. The purpose of this section is to assign responsibility for the official interpretation of the provisions of this chapter, and to describe the required procedure for securing such interpretation.

B.

General considerations. Interpretations of and determinations under this chapter range from those that can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment, to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:

(1)

Where determinations can be made by the zoning administrator using equipment normally available to the village or obtainable without extraordinary expense, such determinations shall be so made before a notice of violation is issued.

(2)

Where technical complexity or extraordinary expense makes it unreasonable for the village to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections or apparent violations of performance standards; for protecting individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations; and for protecting the general public from unnecessary costs for administration and enforcement.

C.

Initiation of request for interpretation. Proceedings for an interpretation may be initiated by the village board, plan commission, or by application from an owner(s) or leaseholder of property within the village.

D.

Application requirements. All applications for interpretations, regardless of the party of their initiation, shall be approved as complete by the zoning administrator a minimum of ten days prior to the initiation of this procedure. The submittal of an application to initiate this procedure shall not occur until the zoning administrator has certified acceptance of the complete application. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The applicant shall provide the zoning administrator with the complete application certified by the zoning administrator, including an easily reproducible electronic copy plus hardcopies in a quantity directed by the zoning administrator, with said complete application shall be composed of all of the following:

(1)

Indication of the part of the text of this chapter for which the interpretation is requested and the specific questions the applicant has regarding said text.

(2)

If the requested interpretation relates to the application of this chapter to a specific property, the following additional information shall be required:

(a)

A map of the subject property showing all lands for which the interpretation is requested. Said map shall clearly indicate the current zoning of the subject property. Said map and all its parts and attachments shall be submitted in a form that is clearly reproducible with a photocopier.

(b)

A written description of the reason for the requested interpretation and how the proposed interpretation relates to the type of activities, buildings, and structures currently located on, and proposed for, the subject property.

(c)

An existing site plan that accurately reflects the current conditions of the property, along with any proposed changes, with sufficient details relevant to the inquiry.

(3)

If the requested interpretation relates to the classification or treatment of a particular land use under the provisions of this chapter, responses to the following questions:

(a)

How is the subject land use (in general) in harmony with the comprehensive plan and this chapter?

(b)

How is the subject land use in harmony with the purposes, goals, objectives, policies, and standards of the pertinent zoning district for which the interpretation is being sought?

(c)

Do the potential public benefits of the proposed interpretation outweigh any and all potential adverse impacts of the proposed interpretation?

E.

Review by zoning administrator.

(1)

The zoning administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the zoning administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he or she shall return the application to the applicant.

(2)

Within 30 days of the filing of a complete application, the zoning administrator shall review the application and shall evaluate and comment on the written justification for the proposed interpretation provided in the application. This review shall also take into consideration the standards for review presented in subsection B.

F.

Standards for review of requested interpretations. This chapter shall be interpreted in a manner that is consistent with the purposes intended by the village board as noted in this chapter. To this end, the zoning administrator shall proceed as follows:

(1)

Articulate certain public purposes underlying the standard(s) for which an interpretation is required.

(2)

Articulate the actual impact of various proposed interpretations, permitting flexibility in design and prohibiting any interpretation that lowers the protection afforded to the public.

(3)

Determine whether the proposed interpretation will ensure a just balance between the rights of the landowner and all others who will be affected by that person's proposal.

(4)

The zoning administrator shall not substitute his own judgments for the legislative acts of the village board.

(5)

In addition to the applicant's responses to the questions required by subsection D above, the following standards shall govern the decision on the requested interpretation on land use interpretation matters:

(a)

No interpretation shall allow the establishment of any land use that was previously considered and rejected by the village board on an application for an amendment to the text of this chapter, the official zoning map, or a previously applied for appeal from a requested interpretation.

(b)

No interpretation shall allow a land use in any district other than those listed as allowable within each district or permit such use without meeting all review and approval procedures specified for that use.

(c)

No interpretation shall permit a land use in a zoning district unless evidence is presented that demonstrates that the land use will comply with any and all regulations applicable to development in the zoning district.

(d)

No interpretation shall permit a land use not specifically allowed in the particular zoning district unless such use is substantially similar to other uses permitted in that same district and is more similar to such other permitted uses than to uses either not permitted in said district or uses requiring a conditional use permit. If the proposed land use is more similar to a land use permitted only as a conditional use in the subject property's district than to a use permitted by right, then an interpretation permitting such use shall be conditioned upon the approval of a conditional use permit.

G.

Effect of favorable land use interpretation. No interpretation finding a particular land use to be allowed or conditionally allowed in a specific zoning district shall authorize either the establishment of such use or the development, construction, reconstruction, alteration, or moving of any building or structure. A favorable interpretation merely authorizes the preparation, filing, and processing of applications for any permits and approvals that may be required by this chapter. These permits and approvals include, but are not limited to, required site plans, conditional use permits, and certificates of occupancy.

H.

Limitations on favorable land use interpretation. No interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the interpretation, unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period. An interpretation finding a particular land use to be allowed or conditionally allowed in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the interpretation was issued. The interpretation shall not be deemed to authorize any allegedly similar use for which a separate interpretation has not been issued. A favorable interpretation 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 365 consecutive days or more.

I.

Fee. The village may require a fee for this procedure, as established by the village board and stated in the village's fee schedule.

(Ord. No. 16-07, 6-20-2016)