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19.01.140 Administrative determination for uses not listed as conditional or permitted uses

            Determination as to the classification of uses not specifically listed in this Title, shall be made by the Zoning Administrator and shall be subject to appeal to the Board of Adjustment as set forth in Chapter 19.18 of this Code.  The procedure shall be as follows:

            (1)        A written request for such a determination shall be filed with the Zoning Administrator.  The request shall include a detailed description of the proposed use and such other information as may be required.

            (2)        The Zoning Administrator shall thereupon make such investigations as are deemed necessary to compare the nature and characteristics of the proposed use with those of uses specifically listed in this Title, and shall make a determination of its classification based on these investigations.

            (3)        The determination of the Zoning Administrator shall be rendered in writing within a reasonable time.  The determination shall state the zone classification in which the proposed use will be conditional or permitted, as well as the findings which established that such use is of the same or similar character as uses permitted in that zone classification.  Upon making this decision, the Zoning Administrator shall notify the applicant in writing of the decision.

            (4)        The determination and all information pertaining thereto shall be assigned a file number classifying it as an administrative determination and shall become a permanent public record in the office of the Community and Economic Development Department.  Such use shall become a permitted or conditional use in the class of district specified in the determination, and shall have the same status as a permitted or conditional use specifically named in the regulations or the zone classification.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-19, Enacted, 4/17/1997
Ord. No. 04-69, Recodified, 12/16/2004