(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)
