It is recognized that new types of commercial land use will develop and forms of commercial land use may seek to locate in the city which were not anticipated at the time the lists of permitted uses contained in this chapter as originally adopted were developed or were thereafter amended. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of commercial land use shall be made as follows:
   (A)   The Building Official shall refer the question concerning any proposed new or unlisted use of land located in an existing commercial zoning district (e.g., C-1 District, Retail Business), but excluding (a) any uses permitted in any zoning district other than C-1 or C-2 and (b) sexually oriented businesses, to the Planning Commission requesting an interpretation as to which then existing commercial zoning district, if any, such use should be added. The referral shall be accompanied by a statement of facts listing the nature of the use and whether it involves sales, processing, type of product, storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.
   (B)   The Planning Commission shall consider the nature and described performance of the proposed use and its compatibility with the already listed uses permitted in the various commercial zoning districts and determine the commercial zoning district, if any, within which such use is most similar and should be permitted.
   (C)   The Planning Commission shall transmit its findings and recommendations to the City Council as to the classification, if any, proposed for any new or unlisted commercial use. The City Council shall by resolution approve or reject the recommendation of the Planning Commission or make such determination considering the classification of the unlisted use as is determined by the City Council to be appropriate based upon its findings.
   (D)   Standards for new and unlisted uses which have been approved by the City Council may be interpreted as those of a similar use. When the minimum requirements for unlisted uses which have been approved by the City Council cannot be readily ascertained, the same process outlined in divisions (A) through (C) of this section shall be followed for determination of the new standards for such uses.
(Ord. 2007-2159, passed 3-19-07)