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MINUTES - Board of Adjustment _ December 20, 1979 Page 8 lbw Section 10.12 (2) (o) - A-1 Agricultural Conditional Uses include. : prisons, correctional institutions, reformatories, correctional camps, correctional centers and treatment institutions. Work release centers and detention centers. b. Section 10.12 (4) (b) - A-1 Agriculture (Exclusive) Conditional Uses provides as follows: (b) . governmental uses such as police and fire stations, highway storage garages, solid waste disposal sites, schools, parks and campgrounds, airports and landing strip-. c. Section 10.16 (1) (a) - provides that any use not listed as a permitted use in a district is prohibited in that district and except as otherwise expressly provided, any use listed as a per- mitted use in any district shall be construed as a prohibited use in any other district. CONCLUSION: The wording of the Ordinance is explicit. Prisons, correctional institutions, etc. , are not specifically included in any district but the A-1 Agriculture - Section 10.12 (2) (o) . The A-1 Agriculture (Exclusive) conditional uses Section 10.12 (4) (b) , although permitting governmental uses such as police and fire stations, highway storage garages, solid waste disposal sites, school-, parks and campgrounds, airports and landing strips, does not specifi- cally include prisons or correctional institutions. Further, the term "governmental uses" may not be separated from the Ordinance as written, nor interpreted to include any and all governmental uses. The term is followed directly by another, which is: "such as". "Such as" is a controlling factor and is very limiting. Section 10.16 (1) (a) - Any use not listed as a permitted use in a district is prohibited in that district and except as otherwise ex- pressly provided, any use listed as a permitted use in any district shall be construed as a prohibited use in any other district, is also very explicit and limiting,therefore, prisons etc. , being specificall included in the permitted conditional uses in the A-1 District, but are not specifically included in the permitted conditional uses in the A-1 (Exclusive) , the Board's determination is that prisons, or correctional institutions may not be included as a permitted condi- tional use in the A-1 (Exclusive) District. 5. Question of: Ambiguity in the term "governmental use" must be con- strued in favor of the free and unrestricted use of the property. FACT: a) . The Board is not considering a use of property or the rights of a property owner. b) . The question before the Board is the interpretation of the Zonin• Administrator. CONCLUSION: The question of any ambiguity being resolved in favor of the property holder is irrelevant in this appeal. u - 8 -