(A) Interpretations. The ZBA shall have the power to hear and decide requests for interpretations of chapter provisions in such a way as to preserve and promote the character of the zoning district in question, and carry out the intent and purpose of this chapter, the Master Plan or any sub-area plans. This shall not include use determinations as provided for in this chapter, except upon appeal of a determination that has been made.
(B) Determinations of similar uses. In recognition that every potential use cannot be addressed in this chapter, the ZBA shall have the authority, upon referral by the Zoning Administrator or appeal of the Zoning Administrator’s determination, to determine whether a proposed use not listed in this chapter is similar to a principal or special land use permitted by this chapter, subject to the following:
(1) Prior to making such a determination, the ZBA must find that the principal or special land use closely resembles the proposed use in terms of characteristics, intensity, nature and other applicable common elements of such uses, including but not limited to potential impacts on property values, traffic generated, aesthetics, noise, vibration, dust, smoke, odor, glare and other objectionable impacts on public health, safety and welfare.
(2) The ZBA may make a determination that the use is or is not similar to a use listed in this chapter.
(3) If it is determined that there is no similar use listed in this chapter, the use shall be prohibited.
(4) If it is determined that the proposed use is similar to a use listed in this chapter, the proposed use shall comply with any conditions or special land use standards that apply to the listed use.
(Ord. 160, passed 4-21-2022)