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.
A. 
Zoning Administrator review. The general steps outlined below shall be used to render an interpretation.
(1) 
Submittal of question. The individual requesting the interpretation shall submit the question in writing to the Zoning Administrator and the application fee as may be established by the Village Board.
(2) 
Decision. In consultation with the Village Attorney, if deemed necessary, the Zoning Administrator shall make a written decision within 60 calendar days of when the petition was submitted.
(3) 
Notification of decision. Within a reasonable time following completion of the interpretation, the Zoning Administrator sends a copy of the interpretation by regular mail and/or email to the individual requesting the interpretation and provides a copy of the same to the Plan Commission, the Village Attorney, and those Village employees and agents involved in the administration of this chapter, as appropriate.
(4) 
Public record copy. A copy of the interpretation is retained as a public record.
B. 
Plan Commission review on appeal. If a final decision of the Zoning Administrator is appealed as provided for in this division, the general steps outlined below shall be used to render an interpretation.
(1) 
Submittal of application materials. The Zoning Administrator forwards the application and other materials the applicant submitted to the Plan Commission along with the administrator's interpretation.
(2) 
General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Plan Commission.
(3) 
Meeting. Allowing for proper notice, the Plan Commission considers the appeal at a regular or special meeting.
(4) 
Decision. In consultation with the Village Attorney, the Plan Commission makes a written decision within 60 calendar days of when the Zoning Administrator's decision was appealed.
(5) 
Preparation of decision document. Based on the action of the Plan Commission, the Zoning Administrator prepares a decision document consistent with this division.
(6) 
Applicant notification. Within a reasonable time following the Plan Commission's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.
(7) 
Public record copy. A copy of the decision document is retained as a public record.
A. 
General. In consultation with the Village Attorney and others as appropriate, the review authority shall 1) evaluate the section of this chapter in question and those that are related, 2) consider the purposes of this chapter set forth in § 170.05 and other parts of the chapter along with applicable legislative findings in this chapter, and 3) consider other applicable interpretations that have previously been made and make a decision consistent with this division giving this chapter its most reasonable application. If the review authority cannot make a reasonable interpretation, a determination shall not be issued.
B. 
Floodplain zoning. If an unclear provision relates to the floodplain regulations and is required by Ch. NR 116, Wis. Admin. Code, the provision shall be interpreted in light of the standards in Ch. NR 116, Wis. Admin. Code, in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.
C. 
Shoreland-wetland zoning. If an unclear provision relates to the shoreland-wetland regulations and is required by Ch. NR 117, Wis. Admin. Code, the provision shall be interpreted in light of the standards in Ch. NR 117, Wis. Admin. Code, in effect on the date of the adoption of this chapter or in effect on the date of the most recent text amendment to this chapter.
D. 
Similarity of land uses. In making a determination as allowed under § 170.841 with respect to similarity of land uses, the Zoning Administrator should consider:
(1) 
The nature of the requested use;
(2) 
Whether the requested use is consistent with the Village's Comprehensive Plan; and
(3) 
Whether the requested use is consistent with the purposes of each of the zoning districts where the similar use is allowed either by right or as a conditional use.
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;
E. 
The interpretation;
F. 
Other information the review authority deems appropriate;
G. 
The signature of the Zoning Administrator; and
H. 
The date of decision.
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.