§ 52-42. Classification of new and unlisted uses.

It is recognized that new types of land use will develop and forms of land use not 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 shall be made as follows:

(1)

The city clerk shall refer the question concerning any new or unlisted use to the city 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 the facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, and the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated.

(2)

The city 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 district within which such use should be permitted.

(3)

The city planning and zoning 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 by resolution approve the recommendations of the city planning and zoning commission or make such determination concerning the classification of such use as is determined appropriate.

(Code 1994, § 12.700)