[Amended 6-15-1988 by Ord. No. 1-1988]
The Board of Adjustment may, subject to the procedures, standards
and limitations set forth in this article, render interpretations
of any provision of this chapter or any rule or regulation issued
pursuant to it, including interpretations of the various district
permitted use lists to permit uses not expressly mentioned in this
chapter to be located in a particular district.
The provisions of this article are intended, first, to provide
a simple and expeditious method for clarifying ambiguities in the
text of this chapter, the Zoning Map which it incorporates and the
rules and regulations adopted pursuant to it and, second, to provide
a simple, yet circumscribed, procedure for overcoming the inadvertent
rigidities and limitations inherent in the promulgation of finite
use lists in a world characterized by infinite permutations of essentially
similar uses.
[Amended 6-15-1988 by Ord. No. 1-1988]
The following conditions shall govern the Board of Adjustment
in issuing the interpretations:
A. No use interpretation shall allow the establishment of any use which
was previously considered and rejected by the Planning Board or by
the Board of Adjustment on an application for amendment or on an application
for a use variance.
B. No use interpretation shall permit a use listed as a prohibited use
in any district to be established in any such district or any more
restrictive district.
C. No use interpretation shall permit a use listed as a permitted or
conditional use in any district to be established in any district
in which such use is not so listed.
D. No use interpretation shall permit any use in any district unless
evidence shall be presented which demonstrates that it will comply
with each use limitation established for the particular district.
E. No use interpretation shall permit any use in a particular district
unless such use is substantially similar to other uses permitted in
such district and is more similar to such other uses than to uses
permitted or conditionally permitted in a less restrictive district.
F. If the proposed use is most similar to a use permitted only as a conditional use in the district in which it is proposed to be located, then any use interpretation permitting such use shall be conditioned on the issuance of a permit for a conditional use permit pursuant to Part
5, Article
XXVI, of this chapter.
No use interpretation finding a particular use to be permitted
or conditionally permitted in a specific district shall authorize
the establishment of such use nor the development, construction, reconstruction,
alteration or moving of any building or structure, but shall merely
authorize the preparation, filing and processing of applications for
any permits and approvals which may be required by the codes and ordinances
of the City or other governmental agencies having jurisdiction, including
but not limited to a conditional use permit, site plan/subdivision
approval, a certificate of land use compliance, a building permit
and a certificate of occupancy.
[Amended 6-15-1988 by Ord. No. 1-1988]
The Land Use Administrator shall keep a record of each use interpretation
rendered and shall include a report of all such interpretations in
his annual report. The report shall include a recommendation of the
Land Use Administrator that this chapter be amended to add new uses
to the various use lists established by this chapter to reflect each
use interpretation given pursuant to this article.
In any case where, upon the expiration of one year following the receipt of the recommendations of the Land Use Administrator pursuant to §
163-182 above, the City Council shall have failed to adopt an ordinance amendment with respect to any use interpretation included in such recommendation:
A. Any use authorized pursuant to such interpretation, but not yet established
or under construction, shall not be established.
B. Any use authorized and established pursuant to such interpretation shall be allowed to continue but shall be subject to the provisions of Part
7 of this chapter.
C. No similar use interpretation shall be given in the future.