1113.09 DETERMINATION OF OTHER SIMILAR USES.

   When the Building Commissioner has notified an applicant that an application for permit has been denied because it cannot be determined that the use applied for is similar to that defined in the use classification for which such permit would otherwise be issued, then an appeal shall be taken by the applicant to the Commission in accordance with the provisions made for filing appeals under Section 1113.03.

   When such appeal is taken to the Commission, the following standards shall be applied in the determination of such similar use:

   (a)    Such use is not listed in any other classification of permitted buildings or uses;

   (b)    Such a use is more appropriate and conforms to the basic characteristic of classification to which it is to be added than in any other classification;

   (c)    Such a use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added, and

   (d)    Such a use does not create traffic substantially greater than the other uses listed in the classification to which it is to be added.

      (Ord. 21-1995. Passed 9-26-95.)