Where a property owner proposes a use that is not listed or provided for in this Zoning Code, the Planning Commission shall make a determination as to whether the proposed use is substantially similar to a use that is listed or provided for in this Zoning Code. Thereafter, the substantially similar use shall be deemed to be a permitted use in those districts where the listed use is a permitted use, and a conditional use in those districts where the listed use is a conditionally permitted use. When formulating a similar use determination, the Commission shall follow the standards set forth in Section 1256.04. Within seven days of the Planning Commission making a determination that a proposed use is substantially similar to a listed use, the Zoning Administrator shall notify Council of the Commission's decision, which shall include written findings stating the reasoning upon which such decision is based.
Unless the decision is rejected by a three-fourths vote of Council within thirty days of Council's receipt of the Planning Commission decision, such substantially similar use determination by the Commission shall become effective. All similar use determinations will be incorporated into the next occurring amendment to this Zoning Code or as a separate amendment within one year (if there are no intervening amendments), whichever occurs first.
(Ord. 186-91. Passed 10-15-92.)