It is recognized that new types of land use may develop and forms of land use not presently anticipated may seek to locate in the city. These may not be specified as a permitted use in any zoning district. 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:

      (1)   The city manager shall refer the question concerning any new or unlisted use to the planning and zoning commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, anticipated employment, and transportation regulations likely to be generated and the general requirement for public utilities such as water and sanitary sewer;

      (2)   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 districts within which such use is most similar and should be permitted;

      (3)   The planning and zoning commission shall forward its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council may approve the recommendation of the planning and zoning commission and pass an ordinance amendment regarding the determination concerning the classification of such use as is determined appropriate based upon its findings; and/or

      (4)   Standards for new and unlisted uses may be interpreted as those of a similar use. When determination of the minimum requirements cannot be readily ascertained, the same process outlined in subsections (1), (2), and (3) of this section shall be followed for determination of the new standards.

(Code 2014, § 46-846; Ord. No. 629, § 01.28.001, 12-1-2006)