In recognition that every potential
cannot be addressed in this Zoning Ordinance, each
includes the phrase “Uses of the same nature or class as uses listed in this
as either a Principal Use Permitted or a Special Land Use, but not listed elsewhere in this Zoning Ordinance, as determined by the Planning Commission based on the standards of Section 309” at the end of the list of s. The make a determination of “Uses of the same nature and class...” according to the following:
a. A finding the proposed
is not listed as a
permitted or
in any zoning
.
b. If the
is not addressed in the Zoning Ordinance, the
select the use listed in the Zoning Ordinance which most closely resembles the proposed use using criteria such as potential impact on
values, traffic generated, aesthetics, noise, vibration, dust, smoke, odor, glare and other objectionable impacts terms of health, safety and welfare in the City. The
determine that there is no similar use and that the use should be prohibited (see Section 310).
c. Once a similar
is determined, the proposed use
comply with any special conditions or
Standard that apply to the similar use.
d. The
or applicant
have the option to request that the
consider an amendment to the Zoning Ordinance to specifically address the
in question, rather than treating the proposed
as a similar use.
e. The determination as to whether a proposed
is similar in nature and class to other Principal Use Permitted or
s within a
should be considered as an expansion of the use regulations, not a
applying to a particular situation. Any use determined by the
to be a “use of the same nature or class as uses listed”
thereafter be included in the enumeration of the uses.
The
determination of a “Similar Use”
be appealed to the Board of Zoning Appeals.