Code Section: 235

Subject: Supremacy of special use districts

Effective Date: 11/86

Interpretation:

   This Section contains general provisions for special use districts. A general rule in dealing with the Planning Code has been that the most restrictive provision of the Code applies. This rule derives from the provision in Section 306.7(b) which states that the City may not approve anything that does not conform to both the existing rules and interim controls that have been imposed. Such circumstances are generally the only time when there can be an obvious conflict between provisions of the Planning Code itself. Such conflict does not exist between the underlying zoning district and a special use district because an underlying district governs unless modified by a special use district (SUD). SUDs are intended to modify the provisions of the underlying zoning to the extent and only to the extent stated in the special use district provision. This SUD supremacy rule applies even during the interim effect of a proposed more restrictive regular district for the same property. In that case, the more restrictive regulation does not apply. If a more restrictive SUD were adopted as an interim control for the same property already covered by an SUD, then the more restrictive provisions of each SUD would prevail.