A. Any use not listed as a permitted or conditional use in a zone classification shall be prohibited.
B. Determination as to the classification of uses not specifically listed in this title shall be made by the planning and zoning administrator and shall be subject to appeal to the planning commission as set forth in section 11-1-12 of this chapter. The procedure shall be as follows:
1. A written request for such a determination shall be filed with the planning and zoning administrator. The request shall include a detailed description of the proposed use and such other information as may be required.
2. The planning and zoning administrator shall thereupon make such investigations as deemed necessary to compare the nature and characteristics of the proposed use with those of uses specifically listed in this title, and shall make a determination of its classification based on these investigations.
3. The determination of the planning and zoning administrator shall be rendered in writing within a reasonable time. The determination shall state the zone classification in which the proposed use may be conditional or permitted, as well as the findings which established that such use is of the same or similar character as uses permitted in that zone classification. Upon making this decision, the planning and zoning administrator shall notify the applicant, city recorder, planning commission, and city council in writing of the decision. Pursuant to section 11-1-3, table 11.1, "Land Use And Appeal Authority", of this chapter the time period for appeals to the planning and zoning administrator's decision shall be ten (10) calendar days. (Ord. 2009-17, 11-24-2009)
4. The determination and all information pertaining thereto shall be assigned a file number classifying it as an administrative determination and shall become a permanent public record. Such use shall become a permitted or conditional use in the zone specified in the determination, and shall have the same status as a permitted or conditional use specifically named in the regulations of the zone classification. (Ord. 2015-19, 12-8-2015)