§ 16-28.003. Determination concerning uses not specified.

Where there is substantial doubt as to whether particular uses or classes of uses not specifically identified in these regulations are of the same general character of those listed as permitted principal or accessory uses or uses permissible by special permit or special exception, upon request from any administrative official of the city or on its own initiative, the bureau of builders, in consultation with the bureau of planning, shall make a determination on the matter, giving due consideration to the intent of this part concerning the district, the character of uses specifically identified and the character of the use in question.

Requests for such determinations shall be made only by officers or agencies of the city and shall not involve cases where the official charged with administration and enforcement of this part has made a negative finding, in which cases appeal shall be made to the board of zoning adjustment on grounds of error in the determination. After determinations have been made by the bureau of buildings, appeals from its determinations may also be made to the board on grounds of error, under procedures specified in section 16-30.010.

(1)

Notifications concerning determinations: Upon making its determinations, the bureau of buildings shall notify any other official or agency of the city likely to be affected by its findings. The bureau of planning shall notify the board of zoning adjustment if the determination involves special exceptions upon which it is authorized to act.

(2)

Effect of bureau findings: If the bureau finds that the particular use or class of use is of such an unusual or transitory nature, or is unlikely to recur frequently, unless its determination is reversed on grounds of error by the board of zoning adjustment, the determination shall thereafter be binding without further action or amendment of the regulations as an administrative ruling.

However, if the bureau finds that the particular use or class of use is likely to be common or recurrent, and that omission of specific reference in this part is likely to lead to public uncertainty, the bureau of planning shall initiate a proposed amendment rectifying the omission. Until final action on such proposed amendment, the determination of the bureau of buildings shall be binding as an interim administrative ruling.

(Code 1977, § 16-28.003)