Determination as to the classification of uses not specifically listed within this title shall be made by the planning commission and shall be subject to appeal to the appeal authority. Such appeal shall be filed in writing within ten (10) days after written notification to the applicant of the planning commission's determination. The procedure shall be as follows: (Ord., 6-8-1989; amd. 2010 Code)
A. Written Request: A written request for such determination shall be filed with the planning commission at the town office. The request shall include a detailed description of the proposed use and such other information as may be required.
B. Investigation: The planning commission shall thereupon make such investigations as are deemed necessary to compare the nature and characteristics of the proposed use with those of uses specifically listed in this title, and to make a determination of its classification.
C. Determination: The determination of the planning commission shall be rendered in writing within a reasonable time, but not to exceed thirty (30) days, except with the written consent of the applicant. The determination will state the zone classification in which the proposed use will be permitted as well as the findings which establish that such use is of the same character as uses permitted in that zone classification. Upon making a decision, the planning commission shall forthwith notify the applicant and the town council.
D. Effect: The determination and all information pertaining thereto shall become a permanent public record in the town office. Such use shall thereafter become a permitted or conditional use in the class of district specified in the determination, and shall have the same status as a permitted or conditional use specifically named in the regulations for the zone classification. (Ord., 6-8-1989; amd. Ord. 2021-O-1, 3-10-2021)