(A) A use that is not listed, either by right or by conditional approval, in a zoning district shall not be permitted in that district and shall only be permitted in a district where it is specifically listed as either a use by right or by conditional approval.
(B) If a proposed use of land or building is not specified by this Code in any district, the City Manager or designee shall determine if the use is similar to a permitted or conditional land use authorized in the district in which the land or building is located. If the use is found to be similar, it may be established in accordance with the requirements and procedures established in the Code for the similar use. The City Manager or designee shall notify the Planning Commission of this action, who shall then determine if the Code should be amended to specifically include the use.
(C) Alternatively, the City Manager or designee may refer the determination to the Planning Commission in the first instance.
(D) The determination by the City Manager or designee, or the Planning Commission, may be appealed to the Board of Zoning Appeals; provided, the appeal may only be taken by the affected property owner or the owner's agent.
(Res. 21-1165, passed 7-20-21)