Code Section: 178 (c)

Subject: Alteration of CU, in a mixed use building

Effective Date: 3/89

Interpretation:

   This Section states that a CU cannot be intensified or expanded without another CU authorization. Such rule only applies to the floor area and the uses that are subject to CU. Any permitted uses in the building are unaffected by the CU use limits and conditions which do not apply to the addition of permitted uses to other floor areas within the building or changing the CU floor area to a permitted use.

Code Section: 178 (c)

Subject: Intensification of a conditional use

Effective Date: 1/91

Interpretation:

   This Section states that an existing conditional use cannot be significantly altered, enlarged, or intensified except upon approval of another conditional use. Generally, adding cooking equipment without adding floor area to a small self-service restaurant which currently provides retail and wholesale cold sandwiches would not be considered an intensification. However, individual situations will be evaluated by the Zoning Administrator on a case-by-case basis.

Code Section: 178 (c)

Subject: Conditional use, intensification

Effective Date: 11/91

Interpretation:

   This Section says that the intensification of a conditional use requires a conditional use authorization. In the case where a kitchen in an existing school was proposed to be expanded to provide freshly cooked meals to a larger percentage of the existing student population, no intensification or expansion was contemplated since it would not accommodate additional students and would not expand the building.

Code Section: 178 (c)

Subject: Intensification of conditional use

Effective Date: 12/91

Interpretation:

   This Section says that the intensification of a conditional use requires a conditional use authorization. In the case where there is no proposed addition to the building but a kitchen is proposed to be added to an existing church in conjunction with a social room, the Department has not considered it to be an intensification whether or not it is an addition to an existing social room or if other uses (classrooms, storage, etc.) would be replaced to provide the social room and kitchen.

Code Section: 178 (c),(e)

Subject: Changes in use and intensification of conditional uses

Effective Date: 6/93

Interpretation:

   This Section says that a conditional use cannot be intensified without another conditional use authorization. For a district where automobile repair is a conditional use, converting a motorcycle repair business to automobile repair would not constitute an intensification. Motorcycle repair is not listed as one of the use categories for neighborhood commercial districts but a prior interpretation equated the two.

Code Section: 178 (c)

Subject: Enlargement of a CU, installing an ATM

Effective Date: 11/93

Interpretation:

   This Section states that a conditional use cannot be intensified except upon approval of a new conditional use authorization. A bank in a zoning district that requires a CU for a bank proposed to install an automatic teller machine. The addition of an ATM to a bank constituted an intensification triggering a CU requirement.

Code Section: 178 (c)

Subject: Significant enlargement/intensification of a conditional use

Effective Date: 5/98

Interpretation:

   See Interpretation 186.1(b)