§ 13.04.220. Uses not itemized.

(a)

Intent.

(1)

Uses not itemized or not reasonably similar to listed uses in the appropriate zoning districts shall not be allowed unless and until the use is interpreted by the Town in the manner provided for in this Section.

(2)

The Town Council after review and recommendation by the Planning Commission may by ordinance at a public hearing add to the uses listed for a zoning district which conforms to the conditions set forth in the following special findings:

a.

Such use is not listed or similar to any other use;

b.

Such use is more appropriate in the use category to which it is to be added than in any other use category;

c.

Such use conforms to the basic requirements and characteristics of the use category to which it may be added; and

d.

Such use does not create more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses listed in the use category to which it is to be added.

(3)

When the Council finds that the proposed use meets the established criteria noted and any other reasonable conditions the Council may deem advisable, such use shall be considered to be listed in the appropriate use category and shall be added thereto in the published text of this Title at the first convenient opportunity.

(b)

Procedure.

(1)

The applicant, or his or her authorized representative, shall informally contact the Planning Department to determine if the intended use is itemized or similar to listed uses if it is not.

(2)

The applicant, or his or her authorized representative, shall submit a letter to the Planning Department describing the intended use, the proposed site and any other relevant information which may help to clarify the proposed use or activity.

(3)

The Planning Department is authorized by the Town Council to review any request for an intended land use not itemized to determine if there is a similar use listed in an appropriate zone district.

(4)

The Planning Department shall schedule the request before the Planning Commission at a public meeting. The Planning Commission shall review the request and make a recommendation on the proposal with particular emphasis on determination of an appropriate zone category, conditions on the intended use, if any, and whether the use/activity should be permitted by right or by special review.

(5)

The recommendation of the Planning Commission shall be forwarded to the Town Council with all related information.

(6)

The Planning Department shall schedule a public hearing before the Town Council at a public hearing. Notice of the public hearing shall be provided according to Subsection 13.08.030(b) of this Title.

(7)

The Council shall review the request and Planning Commission recommendations and allow for public discussion on the proposed use or activity. The Council shall determine in which zoning districts the intended use or activity may be permitted by right or by special review, with or without conditions.

(8)

The applicant shall be informed by mail of the recommendations and action by the Town Council.

(PLDO Art. IV §22)