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Section 1206.06    Use Classification Procedure

  1. Applicability
    1. The zone district use regulations in this Code set forth broad classes of
      permitted uses. Whenever there is a dispute whether a specific, proposed use
      falls into one of the broader classes of permitted uses, the provisions of this
      section shall apply to resolve the dispute.
    2. The provisions of this section shall not apply to permit any use that is
      specifically prohibited in a zone district.

  2. Procedure for Determination of Disputed Uses
    All questions or disputes whether a specific proposed use is permitted in the
    applicable zone district shall be determined upon application to the City Manager.
    Within fourteen (14) days from the date that a submitted application is certified as
    complete pursuant to Section 1203.01(c) above, the City Manager shall make a
    determination as to whether the proposed use falls into a use category permitted either
    by-right or conditionally in the applicable zone district, based on the standards and
    criteria set forth in Section 1206.06(c) below.

  3. Standards for Review
    A determination whether a proposed specific use is permitted in a particular zone
    district shall be made based on consideration of the following criteria and standards:
    1. The proposed use is of the same general character in terms of external
      impacts, hours of operation, and the like, or within the same SIC group
      number classification, as the latter is defined in the Standard Industrial
      Classification Manual (OMB) 1987 or its successor publication), as any
      of the uses permitted by-right or as conditional uses; and
    2. The impacts of the proposed use are equal to or less than any specifically
      listed permitted or conditional uses in the zone district in which the proposed
      use is to be located, considering but not limited to impacts on traffic, the environment,
      and surrounding properties; and
    3. The prposed use is consistent with the stated intent and purposes of this Code
      and the zone district in which it is to be located.
  4. Application´╗┐
    Applications for determination of disputed uses shall be submitted to the City Manager
    upon such forms as approved by the City Manager.
  5. Submittal Requirements
    See Appendix A for submittal requirements for applications for determination of disputed
  6. Appeals
    See Section 1212.01(a).