It is recognized that new types of land use may develop and forms of land use not anticipated herein may seek to locate in the town. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use not listed in division (B) Land Use Table of § 151.012 Permitted Use Table, shall be made as follows:
(A) Administrative official action. The administrative official shall refer the question concerning any new or unlisted use to the Town Council. Council will determine if a requested use falls under an existing use in the table or if the use should not be permitted. If the use does qualify to be listed under an existing use already in the table, Council will direct staff to accommodate the new and unlisted use. If Council desires that the use be added to or excluded from the Land Use Table, the use is referred to the Planning and Zoning Commission with instructions to make an interpretation as to the property zoning classification into which such use should be placed, and to amend the zoning ordinance.
(B) Planning and Zoning Commission. The Planning and Zoning Commission will make an interpretation as to the proper zoning classification into which the use should be placed. The use interpretation question shall be determined as to the nature of the use and whether it involves dwelling activity; sales; processing; type of product, storage and the amount and nature thereof (i.e., enclosed or open storage); anticipated employment; transportation requirements; the general degree of noise, odor, fumes, dust, toxic material and vibration likely to be generated, if any; and the general requirements for public utilities such as water and sanitary sewer. The Planning and Zoning Commission will prepare a recommendation to Council defining the use, the appropriate zoning classification for the use, if a specific use permit is required, and if special conditions apply.
(C) Notice of Planning and Zoning Commission hearing. Administrative staff will advertise for a Planning and Zoning Commission public hearing, to be held at the next Planning and Zoning Commission meeting, at least 15 days in advance of the meeting and will also post the public hearing notice according to law.
(D) Hearing; recommendation of Planning and Zoning Commission. The required public hearing will be held, and the Planning and Zoning Commission will take action to consider approving the final recommendation for the use. Their recommendation will be forwarded to Council for their consideration of approval.
(E) Notice of City Council hearing. Administrative staff will advertise for a City Council public hearing, to be held at the next Council meeting, at least 15 days in advance of the meeting and will also post the public hearing notice according to law.
(F) Hearing; final action of City Council. The required public hearing will be held, and the City Council will consider the Planning and Zoning Commission recommendation regarding the use and take final action to amend division (B) Land Use Table of § 151.012 Permitted Use Table.
(Ord. 312, passed 6-22-2010; Ord. 340, passed 7-12-2012)