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A. Allowed Uses: The description of each zoning district contains a table entitled "allowed uses" that establishes the uses allowed in the zoning district.
B. Permitted Uses: Uses that are listed as "permitted" uses are allowed as "outright uses" or as a matter of right upon the issuance of a zoning conformance permit. A zoning conformance permit shall be issued pursuant to the procedures of this title, provided the development or use complies with all applicable standards of this title, including the standards of general applicability and any specific standards referenced in the allowed uses table.
C. Use Specific Standards: Specific standards that apply to certain uses are referenced in the allowed uses tables for each zoning district. The specific standards in the referenced sections apply in addition to the standards and procedures of general applicability that are established in this title to apply to all development and land uses.
D. Conditional Uses: Uses that are listed as "conditional" uses are allowed with a conditional use permit (CUP) pursuant to section 11-17-1, "Conditional Uses", of this title. A CUP may be issued at the discretion of the Zoning Commission, pursuant to the procedures of this title, provided that the development complies with the standards of general applicability and the applicable CUP standards, and the Zoning Commission makes certain CUP findings of fact.
E. Conditional Use Findings: Approval of a CUP requires the Zoning Commission to make certain findings of fact as established in section 11-17-1, "Conditional Uses", of this title.
F. Accessory Uses: Accessory uses and accessory buildings as defined in section 11-23-4, "Definitions", of this title, shall be allowed in all zoning districts.
G. Prohibited Uses: If a use is listed as "prohibited" it is expressly forbidden in that district.
H. Uses Not Listed (Unidentified Uses): If a use is not listed as either a permitted or conditional use, it is not allowed in the district unless the use receives a zoning conformance permit and is subject to provisions in subsection I, "Similar Use Determination", of this section.
I. Similar Use Determination: The goal of this title is to allow flexible uses in zones, especially as uses and technology continue to evolve. If a proposed use is not listed in the allowed uses table, it may be considered an allowed use if the Zoning Administrator determines the proposed use is sufficiently similar to one of the uses listed in the allowed uses table. If a similar use determination is made in the affirmative, the proposed use shall be an authorized use with the same permissions and restrictions as the use to which it is determined to be similar. The Zoning Administrator shall submit a public notice for publishing in the next issue of the official paper of the City of Sidney following all decisions to approve or deny a similar use determination. The notice shall be in accordance with section 11-21-7, "Public Notice", of this title. Any aggrieved party may appeal the Zoning Administrator's decision within thirty (30) calendar days of the date the notice appeared in the official paper of the City of Sidney, pursuant to subsection 11-21-8B, "Appeals", of this title.
A use that meets the standards and notification procedures of this section shall receive a letter authorizing such use to proceed in the zone in which it is currently located. The permitted use shall only be authorized for that zone in which it is located and may not be switched to a different zone. The zoning conformance letter shall be maintained in the City Clerk's Office and kept on file for the perpetuity of the use. In no instance shall a non-conforming use be granted a zoning conformance permit. (Ord. 567, 3-20-2017)