A. Authority: When a use is not specifically listed as permitted, conditional or accessory in the nonresidential use chart found in section 10-6-2 of this title, the zoning administrator shall make a determination of substantially similar use. If the zoning administrator concludes that the use has a substantial similarity to other uses listed in the nonresidential use chart of said section 10-6-2, the use determined to be substantially similar shall have the same zoning classification as the use to which it was determined to be similar.
B. Application For Determination: Any person may initiate an application for determination of substantially similar use. The application shall include at least the following:
1. The address and legal description of the property upon which the use in question is proposed to be located.
2. Written consent of the landowner to conduct the proposed use on the landowner's property.
3. A written detailed description of the nature and activities associated with the use in question.
4. A cover letter specifically requesting the city to determine the proposed use to be substantially similar to one or more allowed uses listed within the same zoning district as the proposed use.
5. An escrow deposit for the city attorney's time to review the application. The amount of the escrow shall be as established in subsection 10-3-8B of this chapter.
6. Other information as requested by the zoning administrator.
C. Consideration: When determining whether the proposed use is substantially similar to other uses found in section 10-6-2 of this title, the zoning administrator shall consider the following factors:
1. Traffic generation.
2. Access.
3. Deliveries.
4. Parking.
5. Impervious surface coverage.
6. Number and type of employees.
7. Intensity of use.
8. Outside storage.
9. Hours of operation.
10. Noise, vibrations, etc.
11. Function.
12. Exterior use.
13. Size of property.
14. Size and scale of building(s) and improvements.
15. Comments from surrounding property owners. Prior to making a decision on the substantially similar use determination, the zoning administrator shall solicit comments on the request from property owners surrounding the site upon which the determination of a substantially similar use has been requested. This shall be done in the form of a letter that explains the request and asks for comments to be submitted within ten (10) days.
D. Further Review By Board Of Adjustments And Appeals: At the zoning administrator's discretion, the application may be referred to the board of adjustments and appeals to make a determination. If referred to the board of adjustments and appeals, notification and hearing procedures shall be the same as set forth in section 10-3-5 of this chapter.
E. Appeal: If the zoning administrator makes a determination of substantially similar use without referring it to the board of adjustments and appeals, the applicant may appeal the decision to the board of adjustments and appeals. Prior to a decision by the board of adjustments and appeals, the planning commission shall consider the matter and make a recommendation on the substantially similar use request.
F. Decision: If the zoning administrator makes the decision on whether a proposed use is substantially similar to one listed in section 10-6-2 of this title, a letter clarifying the findings of the zoning administrator shall be kept on file for future reference. A copy of the letter shall be forwarded to the planning commission and city council for informational purposes within ten (10) working days of the determination. A letter of notification shall also be mailed to the surrounding property owners who were asked for comments under subsection C of this section. If the board of adjustments and appeals makes the decision on the application, a copy of the meeting minutes shall be kept on file for future reference.
G. Limitations: The procedures and regulations found in this section shall only apply to those uses found in the nonresidential use table found in section 10-6-2 of this title. (Ord. 1098, 11-8-2004)