§ 82-81. Determination as to uses not listed.

(a)

Purpose and initiation. In order to ensure that this zoning chapter will permit all similar uses in each district, the zoning board of appeals upon its own initiative or upon written request shall determine whether a use not specifically listed as a permitted use of a special use in agricultural, residential, commercial or industrial district shall be deemed a permitted use or a special use in one or more districts on the basis of similarity to uses specifically listed.

(b)

Applications. Application for determination that a specific use should be included as a permitted use or a special use in agricultural, residential, commercial or industrial districts shall be made in writing to the zoning officer, and shall include a detailed description of the proposed use and such other information as may be required by the zoning board of appeals to facilitate the determination.

(c)

Investigation. The zoning board of appeals shall make or have made such investigations as it deems necessary to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter, and to make a determination of its classification.

(d)

Determination. The determination of the zoning board of appeals shall be rendered in writing within 60 days, unless the applicant consents to an extension of the time period, and shall include findings supporting the conclusion.

(e)

Effective date of determination. Within five days following the date of a decision of the zoning board of appeals on a request for a determination as to a use not listed, the zoning officer shall transmit to the village board written notice of the decision. A decision shall become effective ten days following the date on which the determination was made or on the day following the next meeting of the village board, whichever is later, unless an appeal has been taken to the village board, or unless the village board shall elect to review the decision of the zoning board of appeals.

(f)

Appeal to village board. Within ten days following the date of a decision of the zoning board of appeals on a request for a determination as to a use not listed, the decision may be appealed to the village board by the applicant or by any other person. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the zoning board of appeals or wherein its decision is not supported by the evidence in the record.

(g)

Determination by village board. The determination of the village board shall be rendered in writing within 60 days unless the applicant consents to an extension of the time period and shall include findings supporting the conclusion.

(Code 1974, § 22-62)