(a)

Purpose. The interpretation authority is intended to recognize that the provisions of this Ordinance, though detailed and extensive, cannot, as a practical matter, address every specific zoning issue. This interpretation authority is not intended to add or change the essential content of the Ordinance. A letter of interpretation is intended to serve as a clarification or interpretation of one (1) or more standards or requirements of this Ordinance as it relates to a particular type of development on a particular property.

(b)

Application. All applications for interpretations are filed with the Zoning Administrator in accordance with the requirements in Section 30-4.2 (Application). All interpretation requests must be for the purpose of furthering some actual development within the Village. No request for a letter of interpretation will be accepted when it does not concern an actual proposal for development. The person requesting a letter of interpretation must, at the request of the Zoning Administrator, discuss the request with the Zoning Administrator before he/she is required to issue a letter of interpretation. The request must set forth the facts and circumstances that are the basis for the request for an interpretation, including a description of the proposed development, and the precise interpretation claimed by the requestor to be correct.

(c)

Initiation. A letter of interpretation may be requested in the following circumstances:

(1)

At the written request of a developer proposing to take any action that would require the issuance of a permit, certificate or variation under this Ordinance.

(2)

At the written request of any person opposing an action by a developer when the Zoning Administrator is not requiring the developer to obtain a permit, certificate or variation that the opponent believes is necessary.

(3)

At the written request of any person opposing the issuance of a permit, certificate or variation that has been requested under this Ordinance.

Such a request shall set forth the facts and circumstances that are the basis for the request for an interpretation, including a description of the proposed development, and the precise interpretation claimed by the requestor to be correct. No request for a letter of interpretation shall be entertained when it does not concern an actual proposal for development. The person requesting a letter of interpretation shall, at the request of the Zoning Administrator, discuss the request with him/her before the Zoning Administrator is required to issue a letter of interpretation.

(d)

Authority and Execution.

(1)

The Zoning Administrator will review and make final decisions on requests for interpretations specify the facts, reasons, analysis and standards upon which the interpretation is based.

(2)

No letter of interpretation issued prior to the issuance of a permit, certificate or variation under this Ordinance authorizes the establishment of a use or the carrying out of any development, but only provides guidance in the preparation, filing or processing of applications for any permits or approvals required by this Ordinance for that use or development.

(e)

Procedure.

(1)

The Zoning Administrator must review a request for an interpretation and render the interpretation within a reasonable time. The Zoning Administrator has the ability to request additional information prior to rendering an interpretation.

(2)

When the Zoning Administrator determines that the public interest requires notice of the matter subject to interpretation, the Zoning Administrator will provide notice of the issuance of the interpretation to the owners and occupants of all lots that are within two hundred fifty (250) feet of the boundaries of the subject property, including streets and alleys, within seven (7) days of issuing a letter of interpretation. The notice must be delivered by first-class mail, contain the address or location of the subject property and a copy of the letter of interpretation, and state that the interpretation may be appealed to the Zoning Board of Appeals.

(f)

Appeals. An applicant may appeal the Zoning Administrator's decision to the Zoning Board of Appeals within thirty (30) days of the issuance of the letter of interpretation or, if notice was mailed, within thirty (30) days of the date the notice was mailed.

(Code 1993, § 20-5.8)