1. Use Determinations. The purpose of a use determination is to verify if a proposed use which is not listed in the Land Use Matrix for a given zoning district may be established in that district. The City Council shall determine whether a use not expressly identified shall be allowed in a district as a permitted use, conditional use, or accessory use. Action by the City Council to either approve or disapprove such use shall be by official resolution. In issuing such use determination, the City Council shall be guided by the following standards:
A. Permitted or Conditional. The City Council shall determine whether a use not listed in the Land Use Matrix is to be considered a permitted or conditional use in a particular zoning district based on its similarity to the uses listed. No use interpretation shall permit any use in a district as a permitted use if such use is already listed in the district as a conditional use.
B. Minimum Requirements Met. No use interpretation shall permit any use in any district unless it can comply with all regulations established for that particular district.
C. Compliance with Conditional Use Permit Requirements. If the proposed use is more similar to uses listed as conditional uses than it is to the listed permitted uses in the district for which it is proposed, then any interpretation permitting such use shall identify it as a conditional use and specify that before such use may be established the requirements of Section 165.83 herein must be met.
D. Accessory. Uses not listed for a given zoning district may be established as accessory uses whenever the City determines that they are clearly incidental and subordinate to a primary use allowed in that district, are associated with its operation and will not have an adverse impact on adjacent properties.
E. Planned Unit Development Overlay Districts. Uses which are not listed in a zone district underlying a PUD designation may be permitted if determined by the City to be compatible with and/or accessory to the proposed development and other allowed uses.
2. Addition of Uses Permitted by District Through Interpretation. All uses permitted by City Council through the use interpretation procedure described in Section 165.13(1) immediately preceding, shall, by amendment, be added to the appropriate district of the Land Use Matrix and Land Use List at the next periodic updating and revision of this Code.
3. Unlawful Existing Uses. Any building, structure, or use which was not lawfully existing at the time of the adoption of this Code shall not become or be made lawful solely by reason of the adoption of this Code; and to the extent or manner that said unlawful building, structure, or use is in conflict with the requirements of this Code, said building, structure, or use remains unlawful hereunder.