§ 25-2-2. DETERMINATION OF USE CLASSIFICATION.

(A)

The director of the Planning and Development Review Department shall determine the appropriate use classification for an existing or proposed use or activity.

(B)

If a particular use is not classified within a zoning category or land use definition, the director shall determine the appropriate use classification based on the characteristics of the proposed use and the similarities, if any, of the use to other classified uses.

(C)

If a use requires a determination under Subsection (B) of this section, a person may request that the director issue a formal use determination stating how the use is classified under existing use regulations. A use determination may be appealed to the Board of Adjustment under Section 25-1-197 ( Use Determinations ).

(D)

The director shall notify the Planning Commission and the Zoning and Platting Commission of the filing of an appeal within 30 days of the filing, and of the disposition of the appeal within 30 days of disposition.

(E)

The director shall maintain a list of determinations made under this section.

Source: Section 13-2-7; Ord. 990225-70; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. 20120426-122.