Within each zoning district established by the Planning and Zoning Code and amendments thereto, uses of land or structures, which are compatible with each other, are permitted in the district. To the extent that new types of uses are created and are not addressed by this Planning and Zoning Code, this section provides the procedure by which the Planning Commission may determine a new use is similar to a use permitted in a district.
(a) Determination. A proposed use may be permitted as a similar use when the Planning Commission determines that such proposed use complies the following provisions:
(1) The proposed use is not prohibited in any other district;
(2) The proposed use is not listed as a permitted building or use in any other district;
(3) The proposed use conforms to and is consistent with the purpose statement of the proposed district more appropriately than in any other district;
(4) The proposed use is of the same general character as the permitted uses in the district to which it is proposed or is similar to a specific use permitted in that district.
(c) Action by Planning Commission. Within twenty-one (21) days of a recommendation for approval by the Planning Commission, the application shall be submitted to City Council for confirmation. The Planning Commission shall recommend that Council approve, approve with modifications or deny the application for a similar use determination and provide the reasons for their decision.
(d) Assignment to Districts. If Council, by a majority vote of its members, concurs with the recommendations of the Planning Commission and approves the proposed similar use, then the similar use shall be added to those districts that allow the principal or conditional use that is most similar, as identified in the recommendation. (Ord. 62-2023. Passed 1-16-24.)