When there is uncertainty or disagreement as to the intent or
meaning of a provision in this chapter, a person can ask for a code
interpretation. For example, the question may relate to 1) the Zoning
Map, 2) a specific provision in the code, 3) how a specific provision
in the code is applied in a specific instance, or 4) terms and conditions
of an approval. This division describes the procedures and requirements
to issue such interpretations.
Any person, including the Zoning Administrator, may submit a
question for interpretation.
The responsibility for issuing an interpretation shall not be
construed as overriding the responsibilities specifically given to
any commission, board, or official named in any other part of this
chapter.
The review authority may rescind or modify an interpretation
the review authority issued if such interpretation is deemed to be
incorrect in whole or in part.
An interpretation shall be in writing and includes the following:
A. The name of the person posing the question;
B. The section number of this chapter in question;
C. The question or alleged ambiguity;
D. The factors that were considered in making the interpretation;
F. Other information the review authority deems appropriate;
G. The signature of the Zoning Administrator; and
An interpretation once rendered shall have full effect as if
set forth in this chapter. Where appropriate, interpretations should
be addressed through the amendment process. If the review authority
determines that it is not possible to make a reasonable interpretation,
such decision shall not affect the validity of any section of this
chapter.
The Zoning Administrator shall keep a written record of all
interpretations in effect and make them available for public inspection
during normal office hours.
An aggrieved person may, without time constraint, appeal an
interpretation made pursuant to this division by filing an appeal
with the Plan Commission. Following the final decision of the Plan
Commission, an aggrieved person may appeal such decision to a court
of competent jurisdiction without time constraint.