1. Uses of land which are not expressly permitted within a zone are hereby declared to be expressly prohibited therein, except as may be approved as set forth herein.
2. Any person who may obtain state or federal properties by purchase, lease, or other arrangement must utilize such properties in accordance with the provisions of this Code. The Planning Commission, City Council, Appeal Authority, and the Zoning Administrator shall not permit a use within a zone which is not expressly permitted by the terms of this Code.
3. Use Determination – Classification Request.
   1. An applicant may request the Land Use Authority determine whether a proposed business use aligns with an existing land use specified in a zone.
   2. The applicant shall submit an application that includes an application form, a fee (if required), and at least the following information:
      1. A description of the proposed business use;
      2. Identification of the zone or zones in which the proposed business use may be located; and
      3. A narrative explaining how the proposed business use is similar to or aligns with one or more existing, specified land uses and addressing the criteria set forth below.
   3. The Land Use Authority shall determine whether a proposed business use aligns with an existing land use using the following criteria:
      1. Compatibility of the proposed business use with the plain language of zoning regulations related to existing land uses, including restrictions or limitations on existing uses and relevant definitions;
      2. Compatibility of the proposed business use with the intent and purpose of the potential zones;
      3. Compatibility of the proposed business use with the General Plan;
      4. Compatibility of the proposed business use with the uses of adjacent properties within potential zones;
      5. The nature, scope, and impact of the proposed business use compared to existing or allowed uses;
      6. Whether the proposed business use is expressly permitted in another zone; and
      7. Whether the proposed business use or a similar or aligned use is expressly prohibited by applicable land use regulations.
   4. If the Land Use Authority finds that a proposed business use aligns with an existing land use, the applicant may proceed to develop or use property in accordance with the regulations applicable to the existing use.
   5. If the Land Use Authority finds that a proposed business use does not align with an existing land use and is a new or unlisted use, the applicant may file a petition to approve the proposed business use as a new or unlisted use, as set forth herein.
   6. The Zoning Administrator shall notify the applicant, in writing, of the Land Use Authority's decision, the basis for any rejection or disapproval, and the opportunity to appeal the decision.
4. Use Determination – Petition for Approval of New or Unlisted Use.
   1. An applicant may petition the Land Use Authority to approve a new or unlisted proposed business use, which means a use that is not an existing land use and does not align with an existing land use specified in a zone.
   2. The applicant shall submit a petition that includes an application form, a fee (if required), and at least the following information:
      1. A description of the proposed business use;
      2. Identification of the zone or zones in which the proposed business use are desired to be located, if any;
      3. A narrative explaining how the proposed business use is compatible with the desired zone or zones and addressing the criteria set forth below
   3. The Land Use Authority shall approve, approve with conditions, or deny a petition using the following criteria:
      1. Compatibility of the proposed business use with the plain language of zoning regulations related to existing land uses, including restrictions or limitations on existing uses and relevant definitions;
      2. Compatibility of the proposed business use with the intent and purpose of the potential zones;
      3. Compatibility of the proposed business use with the General Plan;
      4. Compatibility of the proposed business use with the uses of adjacent properties within potential zones;
      5. The nature, scope, and impact of the proposed business use compared to existing or allowed uses;
      6. Whether the proposed business use is expressly permitted in another zone; and
      7. Whether the proposed business use or a similar or aligned use is expressly prohibited by applicable land use regulations.
   4. The Land Use Authority shall review and make a decision on a petition according to the following process:
      1. The Land Use Authority shall conduct a public hearing within forty-five (45) days after a complete petition application is submitted.
      2. The Land Use Authority may continue the petition to another meeting within forty-five (45) days of the public hearing to request the applicant provide additional information.
      3. The Land Use Authority shall make a decision approving, approving with conditions, or denying the petition within the later of fourteen (14) days after the public hearing or the public meeting to which the petition was continued.
      4. The timelines set forth herein do not apply if the applicant fails to timely provide requested information or appear at the public hearing.
      5. The Land Use Authority and applicant may mutually agree to adjust the timelines set forth herein.
   5. If the Land Use Authority approves a new or unlisted use, the Land Use Authority shall designate the appropriate zone or zones for the approved use.
   6. The Zoning Administrator shall notify the applicant, in writing, of the Land Use Authority's decision, any conditions or limitations of approval, the basis for any rejection or disapproval, and the opportunity to appeal the decision.

Any building or use of land or any construction thereon which was not authorized by or under the 1981 Zoning and Subdivision Ordinance of Highland City, including all amendments thereto, or which is illegal under such ordinances, shall remain unauthorized and illegal unless expressly authorized or permitted in the provisions of this Code.