4.1-1. Use of land and/or buildings. The use of land and/or buildings shall be in accordance with those listed in the following land use matrix. In the event of conflict between uses listed in this matrix and those listed in a zoning district, the uses listed in the district shall be deemed those authorized. 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 land use matrix is:

P Designates use permitted in the zoning district indicated.

□ Designates use prohibited in the zoning district indicated.

Further use description. See definitions in section 144-1.3 for further description of uses.

4.1-2. Classification of new/unlisted uses. It is recognized that new types of land use will arise in the future 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 in the land use matrix shall be made as follows:

(a)

Interpreting new and unlisted uses. A new and unlisted use may be interpreted by the planning director as similar to a listed use. The unlisted use shall possess the majority of characteristics of the listed use, otherwise the unlisted use must be submitted to the planning commission and city council as outlined in these subsections above. If the unlisted use is deemed similar to a listed use, no amendment of the land use matrix is required.

(b)

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

(1)

A person requesting the addition of a new or unlisted use shall submit to the planning director, or 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 type of product sold or produced under the use;

c.

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

d.

Anticipated employment for the use;

e.

Transportation requirements, including approximate mileage, turning radius, or driving time of the expected client or patron base;

f.

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

g.

The off-street parking and loading requirements;

h.

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

i.

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

j.

Impervious surface coverage or anticipated size of building.

(2)

The planning director shall refer the question concerning any new or unlisted use to the planning commission requesting a recommendation as to the zoning classification into which such use should be placed.

(3)

The planning 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 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 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 land use matrix of the regulations according to procedures outlines in this chapter (i.e., following notification and public hearing, etc.).

(c)

Interpreting standards for new and unlisted uses. Standards for a new and unlisted uses may be interpreted by the planning director as those of a similar use. When a determination of the appropriate zoning district cannot be readily ascertained, the same criteria outlined above shall be followed for determination of the appropriate district. The decision of the planning director may be appealed according to the process outlined in the subsections above.

The following matrix will be updated based on what recommendations are approved.

(Ord. No. 2012-49, § 1(Exh. A), 9-10-12)