It is recognized that new types of land uses will develop and that different forms of land uses will seek to locate in the city. In order to provide for the changes, a determination of the appropriate zoning classification of any new or unlisted form of land use shall be made as follows.
(A) All questions concerning the classification of new or unlisted uses shall be referred to the Zoning Inspector for an interpretation of this chapter. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, storage and amount and nature thereof, anticipated employment, types of product, transportation requirements, nature and time of occupancy or operation of the premises, the amount of noise, odor, fumes, dust, toxic material and vibrations likely to be generated, and the requirements for public utilities such as sanitary sewers and water.
(B) The Zoning Inspector shall consider the nature and described performance of the proposed use and assign a use classification descriptive of the proposed use from Appendix A (Schedule of Uses) attached to the ordinance from which this chapter is derived, adopted by reference in § 153.272, or assign a use as is otherwise specifically provided for in this chapter.
(D) If the Zoning Inspector or the Board of Zoning Adjustment, operating under divisions (B) or (C) above, determines the described use does not appear within the code, the Zoning Inspector or the Board of Zoning Adjustment will transmit a copy of the determination to the Planning Commission and City Council. The Planning Commission or City Council may initiate a text amendment to schedule the proposed use.
(E) Barring amendment as provided in division (D) above, proposed uses which do not appear within the code shall not be deemed a permitted use within the city.
(Ord. 2013-2, passed 2-7-2013)