A. Unlisted Uses Prohibited: Any use that is not listed in section 8-2-2-1, table 8-2-2-1A, "Agricultural, Residential, And Institutional Uses"; 8-2-2-1B, "Nonresidential Uses"; or 8-2-2-1C, "Temporary Uses", of this chapter is prohibited.
B. New And Similar Uses: It is not the intent to prohibit legitimate similar uses or new uses similar to those that are listed. The director shall decide whether the proposed use is either a subcategory of a permitted or special use, or a use that is functionally similar to a permitted or special use.
C. Decision Criteria: The following decision criteria shall be evaluated when the land use department decides whether a proposed use is a subcategory of, or functionally similar to, a permitted or special use:
1. Parking demand;
2. Average daily and peak hour trip generation (cars and trucks);
3. Water demand;
4. Solid waste generation;
5. Impervious surface;
6. Noise;
7. Lighting;
8. Dust;
9. Odors;
10. Use and storage of hazardous materials;
11. Character of buildings and structures;
12. Character of operation; and
13. Hours of operation.
D. Effect Of The Land Use Department's Determination:
1. If the land use department approves an application for a decision pursuant to this section, then the land use shall be applied with the same restrictions as the land use to which it was compared for the purposes of the favorable decision.
2. If the land use department determines that a proposed land use is not a subcategory of, or functionally similar to, an already listed land use, then the proposed use is a prohibited use. (Ord. 10-001, 1-12-2010)