A.

The use of land and/or buildings shall be in accordance with those listed in the following use charts. No land or building shall hereafter be used and no building or structure shall be erected, altered, or converted other than for those uses specified in the zoning district in which it is located. The legend for interpreting the permitted uses in the use charts is:

See definitions in section 28.63 of the zoning chapter for further description of uses. An asterisk (*) indicates a definition in section 28.63.

B.

If a use is not listed (or blank) in the use charts, it is not allowed in any zoning district (see subsection D. below).

C.

Use chart organization: The following use categories are listed in the use charts:

1.

Residential uses.

2.

Non-residential and institutional uses.

D.

Classification of new/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 of Denison. 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 in the use charts shall be made as follows:

1.

Initiation:

a.

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

b.

A person requesting the addition of a new or unlisted use shall submit to the planning director (or his/her designee) all information necessary for the classification of the use, including but not limited to:

1.

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

2.

The type of product sold or produced under the use;

3.

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

4.

Anticipated employment typically anticipated with the use;

5.

Transportation requirements;

6.

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

7.

The off-street parking and loading requirements;

8.

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

9.

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

10.

Impervious coverage.

2.

The planning director shall refer the question concerning any new or unlisted use 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 b. above. An amendment to this chapter shall be required as prescribed by section 28.10.

3.

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.

4.

The planning and zoning commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council shall approve or disapprove the recommendation of the planning and zoning commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. If approved, the new or unlisted use shall be amended in the use charts of the zoning chapter according to section 28.10 (i.e., following notification and public hearing, etc.).

5.

Standards for new and unlisted uses may be interpreted by the planning director (or his/her designee) as those of a similar use. When a determination of the appropriate zoning district cannot be readily ascertained, the same criteria outlined above 1.b. shall be followed for determination of the appropriate district. The decision of the planning director (or his/her designee) may be appealed according to the process outlined in subsections 2. through 4. above.