Classification of New & Unlisted Uses

Procedure for Classification

It is recognized that new types of land use will develop, and forms of land use not anticipated may seek to locate in the City and the possible change in intensity of use for a listed use may occur. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted use, or modification for listing of a use of land, is made as follows:

  • The Administrative Official refers the question concerning any new or unlisted use to the Building and Standards Commission requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question is accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material, and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.
  • The Commission considers the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use is most similar and should be permitted.
  • The Commission transmits its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council votes by resolution approve the recommendation of the Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings.
  • Standards for new and unlisted uses may be interpreted as those of a similar use. When determination of the minimum requirements cannot be readily ascertained, the same process is be followed for determination of the new standards and amendment of the Red Oak Zoning Ordinance should the Council desire to permit a new use.