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Administrative Appeals – Ordinance Interpretation
Appointed officials and staff who administer an ordinance interpret its provisions routinely and must apply them consistently. Where zoning ordinance language is unclear or contested, it must be interpreted in order to implement local land use policies. Interpretations should reflect the understanding of the planning committee/commission on the matter since these bodies are responsible for local land use policy administration. The committee/commission is, in turn, politically responsible to the local governing body for accurate interpretation of adopted policies. When a zoning ordinance interpretation or an administrative decision is formally contested, state statutes require local zoning boards to resolve the question. Their decisions may be appealed through the courts. Following are guidelines for ordinance interpretation.
The primary source of information about ordinance interpretation is the language of the ordinance itself. Start by reviewing plan and ordinance statements of purpose or intent. Use these statements to guide interpretation. To familiarize yourself with the organization of the code and individual ordinances, look at the table of contents and index. Use the organizational system of an ordinance to identify provisions and to determine which provisions are modified by preceding or subordinate provisions. In addition, look for definitions, rules of interpretation, and related charts or tables.