Chapter 18.192 — UNCLASSIFIED USES

It is recognized that in the development of a comprehensive zoning ordinance not all uses of land can be listed nor can all future uses be anticipated, or a use may have been omitted from the list of those specified as permissible in the various zones, or ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this title.

Such unlisted uses are sometimes referred to in this title as "unclassified uses." (Ord. 37 § 500.0, 1961; Ord. 276 § 2, 1970; Ord. 722 § 1, 1980; Ord. 1170 § 2, 2007)

In addition to the permitted uses listed in each zone, presently unlisted uses may be permitted in the zone when approved in accordance with the provisions of this chapter. The term "permitted uses" includes "conditionally permitted uses."

(Ord. 37 § 500.01, 1961; Ord. 276 § 2, 1970; Ord. 722 § 1, 1980; Ord. 1170 § 2, 2007)

Any person seeking to establish an unclassified use as a permitted use in any commercial or industrial zone may submit a request for determination to the planning commission. After receipt of the request, at the next succeeding meeting of the commission for which notice can be given, the commission shall hold a public hearing upon the request. Notice of the time and place of the hearing shall be given in writing to the applicant and shall be posted in at least three public places. The commission may give such additional notice as it deems appropriate. The granting of an unclassified use shall not become effective until one day after the next regular city council meeting, but in no event shall it become effective before the twenty days after the planning commission's decision. The decision of the planning commission may be appealed to the city council in accordance with the provisions of Chapter 18.212 .

(Ord. 37 § 500.02, 1961; Ord. 276 § 2, 1970; Ord. 722 § 1, 1980; Ord. 1170 § 2, 2007)

Any unclassified use may be permitted where it is determined similar to the other permitted uses in the zone and not more obnoxious or detrimental to the public health, safety and welfare than such other permitted uses. Such a determination may be made where the approving body finds that all of the following conditions exist:

• A. That the subject use and its operation is consistent with the goals and objectives of the general plan;

• B. That the subject use and its operation is consistent with the purposes and intent of the zone in which the use is proposed to be located;

• C. That the subject use and its operation is a compatible use in all areas of the city where the zoning is applied;

• D. That the subject use is similar to one or more uses permitted in the zone within which it is proposed to be located. A use shall be deemed to be similar only where the size, scale, design and impact of the uses are comparable. A use shall not be deemed to be similar when the operation of the use involves greater impacts in terms of traffic, parking, noise, glare, odor, refuse or other environmental considerations; generates greater demand for public services; does not have comparable hours of operation; is significantly more intensive in the number of employees, patrons and other users of the facility; and is not complementary to other uses in the zone;

• E. That the subject use and its operation will not adversely affect other permitted uses in the zone within which the use is proposed to be located;

• F. That the subject use will be so designed, located and operated that the public health, safety and general welfare will be protected.

• (Ord. 37 § 500.03, 1961; Ord. 276 § 2, 1970; Ord. 722 § 1, 1980; Ord. 1170 § 2, 2007)