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(a) Permitted and conditionally permitted land uses listed in the following Land Use Matrix are to be interpreted as specifically defined or limited in this Zoning Ordinance, and lacking such definition herein, as defined by their customary name or identification in common reference books.
(b) The presumption established by this chapter is that most suitable uses of land are located within at least one zoning district in the municipality's planning jurisdiction. Therefore, because the list of land uses set forth in the Land Use Matrix cannot be all-inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.
(1) Determination by Municipal Administrator or Designee: Determination of whether or not a proposed land use is specifically permitted or conditionally permitted, by virtue of being similar in character to a specified permitted or conditionally permitted use in the district, shall be made by the Municipal Administrator or designee based on the purposes for establishment of the district and other similar land use regulations in this Zoning Ordinance;
(2) Where Proposed Land Use Specified in Different District: The Land Use Matrix shall not be interpreted to allow a proposed use in one zoning district where it is not specified when the proposed land use is more closely related to another specified use that is allowed in other zoning districts.
(c) Mixed Uses:
(1) Whenever a proposed mixed-use development could fall within more than one use classification for a zoning district in the Land Use Matrix, the classification that most closely and most specifically describes the development shall control. Any development requirements which apply to any one of such similar use classifications may be applied to the proposed use;
(2) When a mixed use development comprises two (2) or more principal uses where any of the principal uses is a conditional use, the entire mixed-use development shall become a conditionally permitted use subject to administrative review and approval of the Board of Zoning Appeals in accordance with Chapter 1134 (Conditional Use Review).
(Ord. 19-011. Passed 4-22-19.)