(a) On occasion, new uses of land may arise that may have not been contemplated at the time of the code's adoption. This section sets forth a process to identify the location for such uses. Since this action is an interpretation matter, the Board of Zoning Appeals shall be the body designated for determining similar uses. Determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of use regulations of the District and not as a variance applying to a particular situation. Any use found similar shall thereafter be considered as a permitted use in that District.
(b) Applications for Zoning Clearance Permits for uses not specifically listed in the permitted building or use classifications of the Zoning District, which the applicant feels qualify as a similar use under the provisions of this Section, shall be submitted to the City Planner or designee. Three (3) copies and one (1) digital pdf copy of a completed application shall be submitted. The following information shall be included in the application:
(1) Name, address, phone number and email of the applicant; and
(2) The address and parcel number of the address in question; and
(3) If the applicant is not the owner of the property, a signed letter from the property owner shall be submitted authorizing the applicant to serve as their agent for the application; and
(4) Legal description of the property; and
(5) The existing Zoning District in which the property is located; and
(6) A vicinity map drawn at a suitable scale, showing property lines, streets, existing Zoning of surrounding parcels adjacent to and within two hundred (200) feet; and
(7) The names and addresses of all property owners within one hundred (100) feet of the subject property as appearing on the County Auditor's current tax list.
(8) A site plan that shows:
A. The lot(s) where the use is proposed; and
B. Any existing and/or proposed buildings; and
C. The square footage of the proposed use.
(9) A narrative explaining:
A. A description of the proposed use; and
(c) Within sixty (60) days after such submittal, the Board of Zoning Appeals shall determine whether the requested use is similar to those uses permitted in the specific District. In order to find that a use is similar, the Board of Zoning Appeals shall find that all of the following conditions exist:
(1) Such use is not listed as a permitted use or Special Exception in another Zoning District.
(2) Such use conforms to basic characteristics of the classification to which it is to be added and is more appropriate to it than to any other classification.
(3) Such use creates no increased danger to health and safety, creates no increased level of noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences, and does not create traffic congestion to an extent greater than normally resulting from uses listed in the classification to which it is to added.
(d) The notice requirements in Section 1157.05
for variances and appeals shall be utilized for a public hearing on a similar use.
(e) If the Board takes action to approve a use as a "similar use" in particular District, then said use will become a permitted or special exceptions within said District, as determined by the Board, until such time the City Council changes the Zoning through the amendment process identified in Chapter 1159
. (Ord. 15-23. Passed 8-14-23.)