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ARTICLE 23. Determination As To Uses Not Listed. <br /> <br /> Sec. 23.100. Purpose and Initiation. <br />In order to ensure that the zoning ordinance will permit all similar <br />uses in each district, the City Planning Commission upon its own <br />initiative or upon writte~ request shall determine whether a use <br />not specifically listed as a permitted use or a con.ditional use in <br />an A, O, C, or I district shall be deemed a permitted use or a condi- <br />tional use in one or more districts on the basis of similarity to uses <br />specificalIy lisited. The procedures of this article sba11 not be sub- <br />stituted for the amendment procedure as a means of adding new <br />uses to the lists of permitted uses and conditional uses, but shalI <br />be followed to determine whether the characteristics oi a partcular <br />use not listed are sufficiently similar to a Iisted use to justify a find- <br />ing that the use should be deemed a permitted use or a conditional <br />use in one or more districts. <br /> <br />Sec. 23.101. Application. <br />Application for determination that a specific use should be included <br />as a permitted use or a conditional use in an A, 0, C, or I district <br />shall be made in writing to the Zoning Administrator, and shall <br />include a ~letailed description of the proposed use and such other <br />information as may be required by the Zoning Administrator to fa- <br />cilRate the determination. <br /> <br />Sec. 23.102. Investigation and Report. <br />The Zoning Administrator shall make such investigations of the <br />application as he deems necessary to compare the nature and char- <br />acterictics of the proposed use with those of the uses specifically <br />listed in this ordinance, and shall prepare a report thereon which <br />shaI1 be submitted to the City Planning Commission to aid the Com- <br /> <br />mission in making its ~letermination of the classification of the pr( <br />posed use. <br /> <br />Sec. 23.103. Determination. <br />The determination of the City Planning Commission shall be ren~ <br />ered in writing within 60 days unless the applicant consents to a: <br />extension of the time period, and shall include findings supportin <br />the conclusion. <br /> <br />Sec. 23. 104. Elffective Date of Dete~mination. <br />Within ten days following the date o£ a decision o£ the City PIa~ <br />ning Commission on a request for a determination as to a use no <br />listed, the Secretary shall transmit to the City Council written notic, <br />o£ the decision. The decision shall become effective 15 days £ollo4 <br />lng the date on which the determination was made or on the da~ <br />following the next meeting of the Council, whichever is later, u~ <br />less an appeal has been taken to the Council, or unless the Councl <br />shall elect to review the decision of the Commission. <br /> <br />Sec. 23.105. Appeal to City Council. <br />A decision of the City Planning Commission may be appealed t. <br />the City Council by the applicant or any othec person as prescribe~ <br />in Sec. 1.111, (Appeal to Hoard of Adjustment, City Planning Cor~ <br />mission, or City Council). <br /> <br />Sec. 23. 106. Determination by City Council. <br />The determination of the City Council shall be rendered in writinl <br />within 40 days unless the applicant consents to an exlension of th~ <br />time peried, and shall include findings supporting the conclusion. <br /> <br /> <br />