3-100 Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, the following rules shall apply:

(A)

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow center lines.

(B)

Boundaries indicated as approximately following platted lot lines shall be construed as following lot lines.

(C)

Boundaries indicated as following city limit lines shall be construed as following such city limits.

(D)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(E)

Boundaries indicated as following shorelines of bodies of water shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.

(F)

Boundaries indicated as parallel to or extensions of features indicated in subsections (A) through (E) above shall be so construed. Distances not specially indicated on the official zoning map shall be determined by the scale of the map.

(G)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (A) through (F) above, the city manager shall interpret the district boundaries.

(H)

Where a district boundary line divides a lot that was in single ownership at the time of passage of this chapter, the board of adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.

(I)

Whenever any street, alley or other public way is vacated by official action of the governing body or whenever such area is franchised for building purposes, the zoning district line adjoining each side of such street, alley or public way shall be automatically extended to the center line of such vacated street, alley or public way and all area so involved shall then and henceforth be subject to all regulations of the extended districts.

3-101 Classification of new and unlisted uses: It is recognized that new types of land use will develop, and forms of land use not presently anticipated may seek to locate in the city. 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 shall be made as follows:

(A)

Initiation:

(1)

A person, city department, the planning and zoning commission, or the city commission may propose zoning amendments to regulate new and previously unlisted uses.

(2)

A person requesting the addition of a new or unlisted use, in writing, shall submit to the city manager, or his or her designee, all information necessary for the classification of the use, including but not limited to:

(a)

The nature of the use and whether the use involves dwelling activity, sales, services, or processing;

(b)

The relative amount of site area or floor space and equipment devoted to the activity;

(c)

The type of product sold or produced under the use;

(d)

The customer type for each activity;

(e)

Whether the use has enclosed or open storage and the amount and nature of the storage;

(f)

Anticipated employment typically anticipated with the use;

(g)

Transportation requirements;

(h)

The nature and time of occupancy and operation of the premises;

(i)

The off-street parking and loading requirements;

(j)

Whether the activity is likely to be found independent of the other activities on the site;

(k)

The amount of noise, odor, fumes, dust, toxic materials and vibration likely to be generated; and

(l)

The requirements for public utilities such as sanitary sewer and water and any special public services that may be required.

(B)

The city manager shall determine whether or not a proposed use is similar to an existing use regulated in this chapter based on the criteria above. Following a determination that a specific use not listed in this chapter is similar to another listed use, the proposed use shall be subject to any use standards listed in this chapter. The city manager shall not amend these zoning regulations by adding to or eliminating any use standards for the proposed use. The city manager shall refer any question concerning any new or unlisted use that is determined not to be similar to a use listed in this chapter to the planning and zoning commission requesting a recommendation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by the statement of facts in subsection (A)(2) above. An amendment to this chapter shall be required as prescribed section 22-4.

(C)

The planning and zoning commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use is most similar and should be permitted.

(D)

The planning and zoning commission shall transmit its findings and recommendations to the city commission as to the classification proposed for any new or unlisted use. The city commission shall approve or disapprove the recommendation of the commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. If approved, the zoning ordinance shall be amended to include the new use according to section 22-4.

(Ord. No. 13-12, § I(Exh. A), 8-5-13)