(A) It is recognized that in the development of a zoning ordinance, not all uses of land can be listed, nor can all future uses be anticipated. A “use” may have been omitted from the list of those specified as permissible in the various districts established by this chapter, or questions may arise concerning words that are synonymous.
(B) In such instances, the following procedures shall apply.
(1) When classification of use is appealed or referred to the Board, it shall be the duty of the Board to ascertain all pertinent facts concerning said use and set forth in writing its findings and the reasons for designating a specific classification for such use.
(a) The applicant shall file a request with the City Superintendent for a decision by the Board. The Board may also initiate an application. An applicant who requests a use classification by the Board must follow the filing procedures of § 94-145(A) to (F) and (I) to (K) of this chapter.
(b) The Board shall render a decision not less than 30 days after such application is made, and shall notify the applicant and any person requesting such notice of such decision.
(2) In classifying a use, the Board shall first make a finding that all of the following conditions exist:
(a) The investigation has disclosed the nature of the subject use and its operations are compatible with the uses permitted in the district wherein it is proposed to be located;
(b) The subject use is similar to one or more uses permitted in the district within which it is proposed to be located;
(c) The subject use will not cause substantial injury to the values of property in the neighborhood or district within which it is proposed to be located; and
(d) The subject use will be so designed, located, and operated that the public health, safety and general welfare will be protected.
(3) The Board shall classify such use as to permitting such use by right or permitting such use subject to special exception.
(4) In no instance shall the Board determine that a use be permitted in a district when such use is specifically listed as first permissible in a less restricted district.
(5) Uses classified pursuant to this section shall be regarded as listed uses.
(Ord. 2001-1478, passed 11-19-2001)