A. It is not possible for a list of permitted uses to capture every possible use that could be established. The City will occasionally receive an application for approval of a use that is not expressly listed in the use table. If a particular use is not listed in the use table, the Planning Director will determine if a proposed use is similar to a listed use.
B. If the Planning Director determines that a proposed use is similar to a listed use, the regulations governing that use apply to the particular use not listed. The Planning Director may consider the following in deciding whether a use is similar:
1. Whether the proposed use is consistent with the Comprehensive Plan, Master Plan, or Area Plan and the purposes of the district or zone.
2. Whether the use has similar impacts on the neighborhood, such as traffic, noise, lighting, or similar considerations.
3. Whether the unlisted use has the same characteristics as a listed use in terms of building and site arrangement, site area or floor space, equipment devoted to the activity, customer type, number of employees in each activity, hours of operation, vehicles used and parking requirements, number of vehicle trips generated, signs, and how the use is advertised.
C. The Planning Director may record a decision about whether a use is similar to an unlisted use in writing.
D. If the Planning Director determines that a similar use does not exist, the applicant has the following options:
1. Request a text amendment to establish a specific listing for the use in question under Division IV. If the Common Council declines to approve a text amendment, the use is not permitted.
2. Request a variance under Division VI. If the variance is approved, the use is treated as a permitted use. If it is denied, the use is prohibited.
3. Appeal the determination to the Board of Zoning Appeals under Division VI.
(Ord. 20-29, § 2, 9-21-20)