[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.
A. 
Written request for nonuse interpretation. Except as provided in Subsection B below, a request for interpretation of any provision of this chapter, the Zoning Map or any rule or regulation adopted pursuant to this chapter shall be submitted, in writing, to the Land Use Administrator in such number of duplicate copies as he may from time to time require. No fee shall be required in connection with any such request. Each such request shall set forth the specific provision or provisions to be interpreted, the facts of the specific situation giving rise to the request for an interpretation and the precise interpretation claimed by the applicant to be correct. Before the rendering of any interpretation, the Board of Adjustment may require such further facts and information as are necessary to a meaningful interpretation of the provision in question.
[Amended 6-15-1988 by Ord. No. 1-1988]
B. 
Application for use interpretation. Applications for a use interpretation shall be submitted to the Land Use Administrator in such number of duplicate copies as he may from time to time require. A nonrefundable application fee, as established by Part 1, Article III, of this chapter, to help defray administrative costs shall accompany each application. The application shall be in such form and contain such information as shall be prescribed from time to time by the Land Use Administrator, but shall in all instances contain at least the following information and documentation:
(1) 
The applicant's name and address and his interest in the subject property.
(2) 
The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.
(3) 
The names and addresses of all professional consultants advising the applicant with respect to the interpretation.
(4) 
The street address and legal description of the subject property.
(5) 
The names and addresses of all owners of property located within 200 feet of the subject property as shown on the most recent property tax records.
(6) 
The zoning classification and present use of the subject property.
(7) 
A complete description of the proposed use.
(8) 
The uses permitted in the present zoning classification which are most similar to the proposed use.
(9) 
Documents, statements and other evidence demonstrating that the proposed use will comply with all use limitations established for the district in which it is proposed to be located.
(10) 
Such other and further information or documentation as the Land Use Administrator may deem to be necessary or appropriate to a full and proper consideration and disposition of the particular application.
C. 
Action by the Board of Adjustment.
[Amended 6-15-1988 by Ord. No. 1-1988]
(1) 
Within 120 days following the filing of a complete application for interpretation, the Board of Adjustment shall render its decision, in the manner and form specified by § 163-33 of this chapter. The Board of Adjustment shall state the specific precedent and the reasons and analysis upon which such interpretation is based.
(2) 
The failure of the Board of Adjustment to act within 120 days or such longer period of time as may be agreed to by the applicant shall be deemed to be a rejection of the applicant's proposed interpretation.
(3) 
Within 10 days following such a decision or the expiration of such a period without any decision, the Land Use Administrator shall publish notice and mail a certificate of such decision or failure to act to all parties entitled thereto as provided by § 163-200 of this chapter.[1]
[1]
Editor's Note: Former Subsection D, regarding appeals, which immediately followed, was repealed 6-15-1988 by Ord. No. 1-1988
[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.
A. 
No use interpretation finding a particular use to be permitted or conditionally permitted in a specified district shall be valid for a period longer than one year from the date of issue, unless a building permit is issued and construction actually begun within that period and is thereafter diligently pursued to completion or an occupancy permit is obtained and a use commenced within that period.
B. 
A use interpretation finding a particular use to be permitted or conditionally permitted in a specified district shall be deemed to authorize only the particular use at the particular location for which it was issued, and such permit shall not be deemed to authorize any allegedly similar use for which a separate use interpretation has not been issued.
[Amended 6-15-1988 by Ord. No. 1-1988]
[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.[1]
[1]
Editor's Note: See Schedules and Diagrams included at the end of this chapter.
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.