It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Heath. In order to provide for the changes and contingencies a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:
   (A)   Any question concerning any new or unlisted use shall be referred to the Planning and Zoning Commission requesting an interpretation as the zoning classification into which the use should be placed. 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, type of product, storage, and amount or nature thereof, enclosed or open 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 and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the purpose of and the uses permitted in the various districts within which the use should be permitted;
   (C)   The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council shall by resolution approve the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of the use as is determined appropriate; and
   (D)   The City Council may provide for temporary uses in any zoning district deemed appropriate for those uses under conditions, regulations or restrictions as required by Council.
(2005 Code, § 12-11-3)  (Ord. 050915D, passed 9-15-2005)