§ 216-129. Uses not permitted which court finds may not be excluded.

Whenever a court of competent jurisdiction shall have adjudicated that a use that is not permitted pursuant to any express provision of this chapter, may not be excluded from a district and there are no specific regulations in this chapter applying to such use or that the existing zoning is invalid to the extent that any property would be without appropriate regulations as to use or dimensions, then, provided that such use of property may be subject to regulations, no building permit, use permit or certificate of occupancy shall be issued unless authorized by the Board of Appeals. In such a specific case, the Board of Appeals, in authorizing a permit, may impose appropriate reasonable restrictions and regulations as a condition to the granting of such permit to the same extent and effect as the powers granted to the Board of Trustees in § 7-700 of the Village Law and the purposes in view as set forth in § 7-704 of the Village Law and the application of the standards for Board of Appeals action set forth in this chapter, provided that such restrictions and regulations shall not be contrary to or be in conflict with the adjudication of the court in the particular case.