A. Purpose: Where a specific use is proposed that is not listed or provided for in this zoning ordinance, the Community Development Director may make a determination that the proposed use is substantially similar to a specific use that is listed or provided for in this zoning ordinance. If the community development director finds that the use is substantially similar to a specific use listed in this zoning ordinance, the substantially similar use is deemed to be a substantially similar permitted use in those districts where the specific use is permitted, and a substantially similar use special permit can be approved in those districts where the specific use is specially permitted.
1. In determining that a proposed use is a substantially similar use, the community development director shall follow the procedures relating to appeals and variances as specified in this chapter. Upon making a determination that a proposed use is substantially similar, the community development director shall notify the city council of the decision and shall include written findings justifying the reasoning upon which the decision is based.
B. Remedy By Application For Amendment: If the community development director determines that a proposed use is not substantially similar, such a determination may be appealed to the board of adjustments. Should the board of adjustments also determine that the use is not substantially similar, the appellant may seek a remedy by applying an amendment as specified in 10-6-10.
C. Standards For Consideration Of Substantially Similar Uses: The following standards shall be considered by the community development director (or, where there is an appeal of the community development director’s determination, the board of adjustments) when making a determination that a use is substantially similar to a permitted or a conditional use within a specific district:
1. The compatibility of the proposed use with the general use classification system as specified in this Zoning ordinance.
2. The nature, predominant characteristics, and intensity of the proposed use in relation to those uses specified by this Zoning ordinance as permitted, or in the case of a special permit use, specially permitted, in that district.
3. The size, dimensional requirements, parking requirements, traffic generation potential, and other regulatory considerations normally associated with uses as specified in this Zoning Code.
D. Effect Of Determination That A Use Is Substantially Similar: Should a use be determined to be substantially similar to a specific permitted or specially permitted use provided for in this zoning ordinance, it shall then be permitted in the same manner and under the same conditions and procedures as the use is permitted to which it has been found to be substantially similar.
E. Record Of Substantially Similar Uses: The community development director shall maintain as a public record a listing of all uses which have been determined to be substantially similar. For each such use, the record shall include the use as listed in the zoning ordinance; the use unlisted in the zoning ordinance about which the determination of substantial similarity was made, and the dates of any actions thereupon by the board of adjustment or city council. This record shall also contain the same information for all uses determined not to be substantially similar. The community development director or their designee shall consult this record in issuing future permits. (Ord. 2023-7, 7-17-2023)