(a) Submission Requirements.
(1) A request for a determination of similar use shall be on a form approved by the Director and shall contain the following information:
A. The name, address, and telephone number of the applicant.
B. Proof of ownership, legal interest, or written authority to make the application.
C. A description of the proposed similar use, including a discussion of the compatibility of the proposed use with uses otherwise permitted in the subject district.
D. Where applicable, site plans, elevations, and other drawings at a reasonable scale to show the need for the variance.
E. Any other documents reasonably deemed necessary by the Director.
F. The fee established pursuant to Section 1173.06.
(2) Upon receipt of a request for a determination of similar use, the Director shall, within three (3) working days, make a preliminary review of the application to determine compliance with the requirements of subsection (a)(1) hereof. If the Director determines that the application is not complete, the Director shall immediately notify the applicant; otherwise, the Director shall forward the application to the Commission for review at its next regularly scheduled meeting.
(b) The Commission shall consider and weigh the following factors when making a determination of similar use:
(1) Whether the proposed use is compatible with the other uses listed as permitted or conditionally permitted in the district in which the proposed use would be located.
(2) Whether the proposed use will negatively impact the district in which it would be located when considering such factors as parking, traffic generation, and public services.
(3) Any other factors the Commission reasonably deems applicable.
(Ord. 91-95. Passed 10-7-
19
96.)
(c) Where the Commission finds that a proposed use is substantially similar to a permitted use in a Commercial Office C1 District, Commercial Retail C2 District, Commercial General Business C3 District, Commercial Public School C4 District, or the Industrial (I) District in which it is to be located, the similar use shall be a permitted similar use for said district.
(d) Where the Commission finds that a proposed use is substantially similar to a conditionally permitted use in a Commercial Office C1 District, Commercial Retail C2 District, Commercial General Business C3 District, Commercial Public School C4 District, or the Industrial (I) District in which it is to be located, the similar use shall be a conditionally permitted similar use for said district subject to the requirements of Section 1173.02.
(e) Notice Procedures. Where a determination of similar use is requested, notice of the public hearing held pursuant to Section 1171.03(i) shall be made in a newspaper of general circulation no less than seven (7) days before the hearing; said notice shall state the time and place of the hearing in accordance with Chapter 107 (Publication of Legal Notices) of the Ordinances.
(Ord. 124-05. Passed 2-6-2006.)
(1) In addition, notice, indicating the time, place, and subject of the hearing shall be sent by regular mail to the owners of:
A. All properties abutting the subject property;
(Ord. 91-95. Passed 10-7-
19
96.)
B. All properties abutting such properties described in subsection (e)(1)A. hereof, excepting properties located across the right-of-way from or behind said abutting properties;
(Ord. 24-98. Passed 5-18-
19
98.)
C. Any other property the Director deems affected by the proposed similar use.
(2) Where a lot described in subsection (e)(1) hereof contains a condominium of more than ten (10) units, notice shall be sent to the president of the condominium association and the management company responsible for the building; the management company shall receive sufficient copies of the notice to post two (2) on every floor of the building at locations determined by the company.
(Ord. 91-95. Passed 10-7-1996.)
(f) No order of the Board or Commission granting a variance(s) shall be valid for a period longer than twelve (12) months from the date of such order unless the building permit or occupancy permit is obtained within such period and the erection or alteration of the structure is started or the use is commenced within such period.
(Ord. 124-05. Passed 2-6-2006.)