Where a specific use is proposed that is not listed or provided for in this Zoning Code, the Municipal Manager will make a determination, if the proposed use is substantially similar to a specific use that is listed or provided for in this Zoning Code. If the Municipal Manager finds that a use is substantially similar to a specific use listed in this Zoning Code, the substantially similar use is deemed to be a substantially similar permitted use in those districts where the specific use is a permitted use, and a substantially similar conditional use in those districts where the specific use is a conditionally permitted use.
The following standards shall be considered by the Municipal Manager when making a determination that a use is substantially similar to a permitted or a conditional use within a specific district:
(a) The compatibility of the proposed use with the general use classification system as specified in this Zoning Code.
(b) The nature, predominant characteristics, and intensity of the proposed use in relation to those uses specified by this Zoning Code as being permitted, or in the case of a conditional use, conditionally permitted, in that district.
(c) The size, dimensional requirements, parking requirements, traffic generation potential, and other regulatory considerations normally associated with uses as specified in this Zoning Code.
Should a use be determined to be substantially similar to a specific permitted or conditionally permitted use provided for in this Zoning Code, 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.
If the Municipal Manager determines that a proposed use is not substantially similar, such determination can be appealed to the BZA. If the BZA concurs with the Municipal Manager determination remedy may be sought by the appellant through the submission of an application for amendment to the Zoning Code. However, if the Municipal Manager determines that a proposed use is substantially similar, such determination can also be appealed to the BZA by other affected or interested parties.
The Municipal Manager 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 Code, the use listed in the Zoning Code about which the determination of substantial similarity was made, and the dates of any actions thereupon. This record shall also contain the same information for all uses which have been determined not to be substantially similar. The Municipal Manager shall consult this record in the process of issuing future permits.
(Ord. 00-30. Passed 6-5-2000.)