Upon receipt of an application in writing on a form provided by the Village, the Village Director of Community Development shall render formal written interpretations of the provisions of this Chapter 16. 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 given based solely on hypothetical facts or when the interpretation would have no effect other than as an advisory opinion.
The Village Director of Community Development shall render the requested interpretation within 45 days after the receipt of a properly completed application therefor. The failure of the Director to act within the time period specified in this Section 16-10-2, or such further time to which the applicant may agree, shall be deemed to be a decision of the Director denying the application. Interpretations made by the Director are intended to foster the consistent and effective implementation of this Chapter 16 and not to delegate legislative authority to the Director.
Any person aggrieved by a decision or interpretation of the Village Director of Community Development pursuant to this Chapter 16 may appeal such decision or interpretation by filing with the Village Clerk a notice of appeal within 30 days after such decision or interpretation is made. The Board of Trustees shall cause notice to be given to the person making the appeal (and, if different, to the owner of the property under such appeal) of a public meeting before the Board of Trustees to review such appeal. Such public meeting shall be held not fewer than five days nor more than 45 days after the appeal has been filed and notice in accordance with the preceding sentence has been given.
In making its decision, the Board of Trustees shall give proper deference to the reasonable decisions and interpretations of those charged with the administration of this Chapter 16. The Board of Trustees shall make a decision on the appeal within 60 days after the public meeting. The Board of Trustees may affirm, modify, or reverse, in whole or in part, the decision or interpretation appealed from and may include such order or determination in its decision as the Board of Trustees determines, in the exercise of its discretion, is appropriate and proper under the circumstances. The decision of the Board of Trustees shall be final. The failure of the Board of Trustees to act within the time periods specified in this Article 10, or within such further time or times to which the applicant may agree, shall be deemed to be a decision of the Board of Trustees approving/denying the appeal in its entirety.
