§ 28-41. Classification of unlisted uses.

Any use not specifically listed as a permitted use or a conditional use in the districts established in section 28-37 shall be considered to be prohibited, except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the planning commission for determination in accordance with the following procedure:

(1)

Application. Application for determination for classification of an unlisted use shall be made in writing to the zoning administrator and shall include a detailed description of the proposed use and such other information as may be required by the planning commission to facilitate the determination.

(2)

Investigation. The planning commission shall make or have made such investigations as it deems necessary in order to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this article and to determine its classification.

(3)

Public hearing. The village planning commission shall fix a reasonable time and place for a public hearing following the receipt of an application for the determination of a classification of an unlisted use, publish a class 2 notice thereof and shall give due notice to the parties in interest and zoning administrator.

(4)

Determination. The determination of the planning commission shall be rendered in writing within 40 days from the date of the public hearing and shall include findings supporting the conclusion. The commission shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in section 28-37

(5)

Effective date of determination. At the time of the determination of the classification of the unlisted use by the planning commission, the classification of the unlisted use shall become effective.

(Code 1989, § 13-1-16; Ord. of 10-5-2004, § 13-1-16)