(A)
Use of Land and/or Buildings.
The use of land and buildings must
conform to those listed in the following Land Use Matrix. No land or building may be used and no
building or structure may be erected, altered, or converted other
than for those uses expressly allowed in the zoning district in which
it is located.
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The legend for interpreting the allowed
uses in the Land Use Matrix (Article 5, Division 2 of this Chapter 2) is:
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P
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The land use is allowed by right
in the zoning district indicated.
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The land use is prohibited in the
zoning district indicated.
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S
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The land use is allowed only upon
approval of a Specific Use Provision (SUP) in the zoning district
indicated.
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(B)
Unlisted Use.
If a use is not listed (or blank) in the Land Use Matrix, it is prohibited in all zoning districts except as provided in Section 2.50(C).
(C)
Classification of New & Unlisted
Uses.
New types of land use
may arise in the future, and forms of land use not presently anticipated
may seek to locate in the City. In order to provide for new uses,
a determination as to the appropriate classification of any new or
unlisted form of land use in the Land Use Matrix (Article 5, Division 2 of this Chapter 2) shall be made as follows.
(1)
A new and unlisted use may be interpreted
by the Planning Director as similar to a listed use.
(a)
The unlisted use must possess the
majority of characteristics of the listed use.
(b)
If the Planning Director determines
an unlisted use is substantially similar to a listed use, no amendment
of the Land Use Matrix is required.
(2)
A person, City department, the Plan Commission,
or the City Council may propose text amendments to zoning regulations
to regulate new and previously unlisted uses.
(a)
A person requesting the addition
of a new or unlisted use must submit to the Planning Director all
information necessary for the classification of the use, including
the following:
i.
The nature of the use and whether
the use involves dwelling activity, sales, services, or processing;
ii.
The type of product sold or produced
under the use;
iii.
Whether the use has enclosed or open
storage and the amount and nature of the storage;
iv.
Employment anticipated with the use;
v.
Transportation characteristics of
the use;
vi.
The nature and time of occupancy
and operation of the premises;
vii.
The off-street parking and loading
requirements of the use; and
viii.
The amount of noise,
odor, fumes, dust, toxic materials, and vibration likely to be generated
by the use;
(b)
The Planning Director shall refer
the question concerning any new or unlisted use to the Plan Commission
requesting a recommendation as to the zoning classification into which
such use should be placed. The referral of the use interpretation
question shall be accompanied by the statement of facts related to
the information listed in Subsection (a) above.
(c)
The Plan Commission shall consider
the nature and described performance of the proposed use and its compatibility
with the uses allowed in the various districts and determine the zoning
district or districts that will allow the use (whether by right or
by SUP).
(d)
The Plan Commission shall report
its recommendations to the City Council as to the classification proposed
for any new or unlisted use.
(e)
The City Council shall consider the
recommendation of the Plan Commission and make a determination concerning
the classification of such use. If approved, the new or unlisted use
shall be amended in the Land Use Matrix according to procedures outlined in Article 2 of this Chapter 2 (that is, following notification and public hearing) for a zoning text amendment.
(Ordinance
6773 adopted 5/19/15)