(A) In recognition that every potential use cannot be addressed in this chapter, districts may include the phrase “uses of the same nature or class as uses listed in this district as either a permitted use or a special land use, but not listed elsewhere in this chapter, as determined by the Planning Commission and/or Zoning Commission, as required, based on the standards of this section” at the end of the list of special land uses. The Planning Commission and/or Zoning Commission, as required, shall make a determination of “uses of the same nature and class...” according to the following:
(1) A finding the proposed use is not listed as a principle use permitted or special land use in any zoning district;
(2) If the use is not addressed in the zoning ordinance, the Planning Commission and/or Zoning Commission, as required, shall select the use listed in the zoning ordinance which most closely resembles the proposed use using criteria such as potential impact on property values, traffic generated, aesthetics, noise, vibration, dust, smoke, odor, glare, and other objectionable impacts terms of health, safety, and welfare in the village. The Planning Commission and/or Zoning Commission, as required, may determine that there is no similar use and that the use should be prohibited (see § 157.033);
(3) Once a similar use is determined, the proposed use shall comply with any special conditions or special land use standard that apply to the similar use;
(4) The Planning Commission and/or Zoning Commission, as required, or applicant shall have the option to request that the Village Council consider an amendment to the zoning ordinance to specifically address the use in question, rather than treating the proposed use as a similar use; and
(5) (a) The determination as to whether a proposed use is similar in nature and class to other principal use permitted or special land uses within a district should be considered as an expansion of the use regulations, not a variance applying to a particular situation.
(b) Any use determined by the Planning Commission to and/or Zoning Commission, as required, be a “use of the same nature or class as uses listed” shall thereafter be included in the enumeration of the uses.
(B) The Planning Commission’s and/or Zoning Commission’s, as required, determination of a “similar use” may be appealed to the Zoning Board of Appeals.
(Ord. 259, passed 10-24-1995; Ord. passed 2-1-2012) Penalty, see § 157.999