Use Determination

We recognize that the municipal code does not address every situation explicitly. When there is a question about the compatibility of a particular use in a particular zoning district, the Planning Director can make a formal, written determination.  This administrative decision does not have the force of law (only the Assembly can make law), but is an authoritative, researched opinion on the Municipal Code.

Application Form: Request for Use Determination There is a $130.00 per hour fee for each determination.

You must provide a detailed description of the proposed activity, and the zoning district (including the AO number of any special limitations) it is to be conducted in.  If you have a particular property in mind, you should also include that information.

Some caveats:

• The Assembly can change the law at any time.  If the Assembly prohibits your proposed use before you establish it, the use determination is void.  
• A legal use may not be physically possible or economically viable on a particular lot.  
• You still need to get all permits and licenses required by other agencies.  
• The determination only covers those activities and intensities that you describe in the application.  If you change or expand the operation, you may be in violation of the code.

More Questions? Contact the Land Use Review Division at 343-8332