Lyon County may determine whether or not a use not specifically listed as allowed in a particular zoning district (by right or a conditionally permitted) may be deemed sufficiently similar to be allowed in a particular zoning district, either by right or conditionally permitted. Such determination can either be made administratively or through commission review of similarity of the use to uses already listed in accordance with the following:
A. Where the term "similar uses permitted by Director determination" is mentioned within any zone district, it shall be deemed to mean other uses which, in the judgment of the Director as evidenced by a written decision, are similar to and not more objectionable to the general welfare than those uses specifically listed in the same district.
B. The determination on the acceptance of the proposed use will be issued in the form of an administrative decision and the text of the Zoning Code will not be changed through this determination. If approved, the administrative decision would become the allowance for the proposed use to be included within the requested zoning designation.
C. The Director may provide the administrative determination or may refer the request for determination on an unlisted use to the commission. If the administrative determination is referred to the commission, the Director shall provide a recommendation for consideration in the referral.
D. The Director's determination regarding conformance of a use to a zoning district may be appealed to the commission pursuant to chapter 4 of this title. The Planning Commission's determination regarding conformance of a use to a zoning district may be appealed to the Board, pursuant to chapter 6 of this title. (Ord. 603, 11-1-2018)