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Code Section: 303(d)
Subject: Abandonment of conditional use
Effective Date: 4/83
Interpretation:
This Subsection states that, unless a time is specified as a condition, any exercise of a conditional use authorization must commence within a reasonable time. Three years was chosen as a reasonable time in the absence of a time specified because this reflected the abandonment period for nonconforming uses under Section 183. However, a building permit for a conditionally permitted use may be approved without another conditional use authorization to replace the same category of use, even though the former use has been gone for more than three years where the applicant has tried diligently to get proper permits to continue the use within the three-year period and was unable to do so due to unusual circumstances. A decision about what constitutes a reasonable time could be appealed to the Board of Appeals on a case-by-case basis.
Code Section: 303(e)
Subject: Modifications of conditions
Effective Date: 8/96
Interpretation:
All conditional use authorizations with a condition of approval that attaches the CU to a particular person, rather than the subject property, and is nontransferable shall be considered valid and transferable with regard to subsequent property owners or otherwise, precluding that all other conditions are still fulfilled. This modification to all CU's that include such a condition shall not be subject to Section 303(e) and/or Section 174 of the Code and therefore, will not be subject to the same procedures as a new conditional use.
Subject: Formula Retail Thresholds
Effective Date: 07/09 (Moved and Revised 03/23)
Interpretation:
This section of the Code defines formula retail uses as a type of retail activity “along with eleven or more other retail sales establishments located in the United States” that maintains two or more characteristics listed in this section. A question was raised whether it is the eleventh or the twelfth establishment that triggers the formula retail requirement for approval of a Conditional Use Authorization. It was determined that a Conditional Use Authorization is required for the twelfth establishment.
Code Section: 304
Subject: Planned unit developments, elderly housing density
Effective Date: 2/88
Interpretation:
See Interpretation 209.1(m) Elderly /handicapped density in a planned unit development
Code Section: 304(b)
Subject: Nature of PUD site
Effective Date: 12/90
Interpretation:
This Section states that a PUD site must be at least ½ acre in size. A PUD site can be separated by an existing street only if at least one contiguous parcel is ½ acre in size. If a PUD site is thus separated, the area of the entire site can count for calculating the residential density and all these dwelling units could be located on one of the separated portions.
Code Section: 304(b)
Subject: Planned Unit Development, minimum size
Effective Date: 4/95
Interpretation:
This Section states that, to qualify as a PUD, a site must consist of a minimum of ½ acre if it is not in a redevelopment area. The question was whether a parcel under this size limit could be part of a conforming PUD site to which it is not contiguous. On this date, a longstanding undocumented policy was confirmed that all portions of a PUD site must be contiguous to make the size requirement but other parcels may be attached to a conforming PUD site if they would be contiguous to that site save for the intervention of a street.
Code Section: 304(d)(4)
Subject: PUD density limits
Effective Date: 1/87
Interpretation:
It was clarified that the "density that would be allowed
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for a district permitting a greater density" refers to the density that could be allowed by a conditional use authorization for that more intense district. Therefore the density of a PUD in an RH-1 District would be one unit less than one per 1,500 square feet, the potential density of the RH-2 District with a regular (non-PUD) conditional use or double that for elderly/handicapped housing per Section 209.1(m)]. [See also Interpretation 209.1(m) 2/86.]
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