Skip to code content (skip section selection)
(1) The zone district use regulations in this Code set forth broad classes of permitted uses. Whenever there is a dispute whether a specific, proposed use falls into one of the broader classes of permitted uses, the provisions of this section shall apply to resolve the dispute.
(2) The provisions of this section shall not apply to permit any use that is specifically prohibited in a zone district.
(b) Procedure for Determination of Disputed Uses. All questions or disputes whether a specific proposed use is permitted in the applicable zone district shall be determined upon application to the City Manager. Within fourteen days from the date that a submitted application is certified as complete pursuant to Section 1203.01 (c), the City Manager shall make a determination as to whether the proposed use falls into a use category permitted either by-right or conditionally in the applicable zone district, based on the standards and criteria set forth in division (c) of this section.
(c) Standards for Review. A determination whether a proposed specific use is permitted in a particular zone district shall be made based on consideration of the following criteria and standards:
(1) The proposed use is of the same general character in terms of external impacts, hours of operation, and the like, or within the same SIC group number classification, as the latter is defined in the Standard Industrial Classification Manual (OMB 1987 or its successor publication), as any of the uses permitted by-right or as conditional uses; and
(2) The impacts of the proposed use are equal to or less than any specifically listed permitted or conditional uses in the zone district in which the proposed use is to be located, considering but not limited to impacts on traffic, the environment, and surrounding properties; and
(3) The proposed use is consistent with the stated intent and purposes of this Code and the zone district in which it is to be located.
(d) Application. Applications for determination of disputed uses shall be submitted to the City Manager upon such forms as approved by the City Manager.
(e) Submittal Requirements. See Appendix A for submittal requirements for applications for determination of disputed uses.
(f) Appeals. See Section 1212.01(a).
(Ord. 18-93. Passed 10-15-19.)