(A) Where a specific use is proposed that is not listed or provided for in this chapter, the Board of Zoning Appeals may make a determination, upon appeal, that the proposed use is substantially similar to a specific use that is listed or provided for in this chapter. If the Board finds that a use is substantially similar to a specific use listed in this chapter, the substantially similar use is deemed to be a substantially similar permitted use in those districts where the specific use is a permitted use and a substantially similar conditional use in those districts where the specific use is a conditionally permitted use.
(B) In making a determination that a proposed use is a substantially similar use, the Board shall follow the procedures relating to appeals and variances as specified in §§ 157.044 to 157.046 of this chapter. Upon making a determination that a proposed use is substantially similar, the Board shall notify Council in writing of its decision and shall include findings of fact showing its rationale for action. Unless Council, within 30 days, rejects the determination of the Board by resolution, the substantially similar use determination by the Board shall become effective. A determination by the Board that a proposed use is not substantially similar may not be appealed by an applicant to Council, it being the intent of this section that the applicant instead request an amendment to the chapter.
(Ord. 6-1993, passed 3-8-93)