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Gretna City Zoning Code

PART 2

04. - USE REGULATIONS

2.04.01. - Generally.

No use is permitted unless it is listed as a permitted use, provisional use, conditional use or special use in this section. Those uses permitted as principal uses or buildings within each zoning district are those uses listed in the use matrix (Table 2.02). Permitted accessory uses are set forth in the accessory use regulations in section 2.05.05.

2.04.02. - Uses not mentioned.

A use not specifically mentioned or described by category in the use matrix (Table 2.02) is prohibited. Evaluation of these uses shall be as set forth in section 2.04.03, Interpretation—Materially similar uses of this chapter.

2.04.02.01. - Uses preempted by state statute.

Notwithstanding any provision of this section to the contrary, uses that are required to be permitted in any zoning district by state statute may be permitted in accordance with state law whether or not the use is included in the use matrix (Table 2.02).

2.04.03. - Interpretation—Materially similar uses.

The administrator shall determine if a use not mentioned can reasonably be interpreted to fit into a use category where similar uses are described. Interpretations may be ratified by the city commission. It is the intent of this regulation to group similar or compatible land uses into specific zoning districts, either as permitted uses or as provisional, conditional or special uses. Uses not listed as a permitted use are presumed to be prohibited from the applicable zoning district. In the event that a particular use is not listed in the use matrix (Table 2.02), and such use is not listed as a prohibited use and is not otherwise prohibited by law, the administrator shall determine whether a materially similar use exists.

Should the administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed, and the planning official's decision shall be recorded in writing.

2.04.03.01. - Rules of interpretation.

The administrator may determine that a use is materially similar if the use is listed as within the same structure or function classification as the use specifically enumerated in the use matrix (Table 2.02), as determined by the Land-Based Classification Standards (LBCS) of the American Planning Association (APA). The administrator shall refer to the following documents in making this determination, which documents are incorporated by reference and are maintained on file in the office of the administrator:

1.

LBCS Activity Dimension with Detail Descriptions (September 13, 1999);

2.

LBCS Function Dimension with Detail Descriptions (September 13, 1999); and

3.

LBCS Structure Dimension with Detail Descriptions (September 13, 1999);

The use shall be considered materially similar if it falls within the same LBCS classification.