19.13.10 New or Unlisted Business Use Process

1. General. This section outlines the process to add a New or Unlisted Business Use as a permitted use allowed by Title 19. An applicant may submit a Classification Request or a New or Unlisted Business Use Application as outlined below. 2. Classification Request. a. An applicant under this section may submit a New or Unlisted Business Use application with the request to classify a proposed business use under the definition of an existing business use. The applicant shall follow the approved City application format and submit the following information as part of a classification request: i. A complete application, applicant certification, and paid application fee. ii. A description of the proposed business use, including the type of work that will be performed, the number of employees that will be employed by the business, comparisons to other similar businesses, and any other information that may be relevant to the classification request. b. The City Council shall be the Land Use Authority for any Classification Request and shall use the information provided by the applicant, in conjunction with the land use definitions outlined in Chapter 19.02 of City Code, to determine whether the proposed business use may be classified as an existing land use. i. Should the City Council determine that the Classification Request use aligns with an existing land use, the proposed business use shall follow the current process as outlined in the City Code. ii. Should the City Council determine that the Classification Request does not align with an existing land use, the proposed business use shall follow the application process outlined in Section 19.13.10.3 below. 3. New or Unlisted Business Use Application Requirements. a. Applications for New or Unlisted Business Uses shall follow the approved City application format and include the following information in order to be considered complete: i. A complete application, applicant certification, and paid application fee; ii. A description of the proposed business use, including the type of work that will be performed, the number of employees that will be employed by the business, hours of operation, comparisons to other similar businesses, and any other information that may be relevant to the New or Unlisted Business Use; iii. A definition of the proposed use; iv. A parking study performed by a Traffic Engineer that includes a proposed parking ratio for the proposed business use and justification for the parking ratio; 1. Unless otherwise determined by the Land Use Authority using the criteria outlined in Section 19.09.05(7), no new business use shall provide parking less than 4 parking stalls per 1,000 square feet to allow for adequate parking for future change of uses. v. A table outlining the zoning districts where the proposed business use will be permitted. b. The City Council shall be the Land Use Authority for any New or Unlisted Business Use Application. The New or Unlisted Business Use application shall be reviewed by the City Council following the application being deemed complete. The City Council may approve a New or Unlisted Business Use and add it to the permitted use table in Title 19. The City Council shall use the information provided by the applicant, in conjunction with the following criteria to determine whether the proposed parking ratio and zoning districts are appropriate for the proposed business use: i. The clarity of the definition provided for the proposed use; ii. The definition does not conflict with existing land use definitions; iii. The intensity and compatibility of the proposed use in relation to other permitted uses within the proposed zoning districts; iv. Projected times of operation and use; v. Trip generation; vi. Peak demands; vii. Projected number of customers and patrons; and viii. Projected number of employees. 4. Appeal Process. If the City Council denies an application for a proposed new or unlisted business use, or if an applicant disagrees with the City Council’s classification of the proposed use, the Legislative Body shall notify the applicant in writing of each reason for the classification or denial, and notify the applicant of the appeal process with the Hearing Examiner, as outlined in Chapter 19.03 of City Code.