USES BY VARIANCE OR SPECIAL USE PERMIT

2006 USES BY VARIANCE OR SPECIAL USE PERMIT

• A. Definition Any use or dimensional variation that does not conform to this ordinance and which exists by virtue of a special use permit, use variance or a dimensional variance granted by the Zoning Board of Review shall not be considered a nonconformity. Such use or dimensional variation shall be considered a use by special use permit, use variance or dimensional variance, respectively.

• B. Change of Use

  1. A use by variance or special use permit may be changed to a permitted use.

• 2. Any moving, addition, enlargement, expansion, or intensification of a use by variance or special use permit shall require an application for a special use permit or variance from the Zoning Board of Review, in accordance with this ordinance.

• 3. Within residential districts, a portion of a building containing a non-residential use by variance or special use permit may be converted to a single dwelling unit, regardless of the maximum number of units permitted by the dimensional regulations in this Ordinance.

• 4. Within residential districts, for a residential use by variance or special use permit, the number of dwelling units may be reduced, regardless of the maximum number of units permitted by the dimensional regulations in this Ordinance.

• 5. Within any non-residential district, a use by variance may be changed to another use if the Zoning Board of Review grants a special use permit deeming the proposed use to be less intensive than the existing use.