When an applicant proposes a land use for a specific parcel of land which is not listed as a permitted use or conditional use in the Land Use Matrix Chart, the applicant may seek a substantially similar use determination based on the following procedure and review standards.
(a) Substantially Similar Use Determination Request.
(1) An applicant may request a formal substantially similar use determination be made by City Council upon submitting a written request to the Building Commissioner including adequate supporting documentation.
(2) The Building Commissioner shall transmit the substantially similar use request to the Planning Commission for their consideration and recommendation to City Council.
(b) Planning Commission Action.
(1) The Planning Commission shall consider the request for a substantially similar use determination at a regularly scheduled meeting.
(2) In determining whether a land use is substantially similar to another permitted use or conditional use, the Planning Commission shall consider the standard of review criteria set forth in this section and any requested input from City Staff.
(3) The Planning Commission shall forward a recommendation to City Council to either approve or deny the substantially similar use determination request.
(c) City Council Action.
(1) Upon receipt of the recommendation from the Planning Commission, City Council shall consider the appropriateness of the substantially similar use determination request.
(2) In determining whether a land use is substantially similar to another listed permitted use or conditional use, City Council shall consider the standard of review criteria set forth in this Section and any requested input from City Staff.
(3) A. If City Council determines that the proposed land use is substantially similar to a listed permitted use or conditional use in the same subject zoning district, the proposed similar use shall be required to conform to the same regulations and standards set forth in this Zoning Code as the listed permitted use or conditional use.
B. If City Council determines that the proposed land use is substantially similar to a listed use in the subject zoning district, the proposed land use shall only be approved for the specific parcel for which the use is proposed.
(4) If City Council determines the proposed land use is not substantially similar to a listed use, the request shall be formally denied.
(5) If the substantially similar use determination request is denied by City Council, the applicant may pursue the administrative appeal remedy as set forth in Section 1127.08.
(d) Standard of Review Criteria for A Substantially Similar Use Determination. When considering a request for a substantially similar use determination under this section, the following review criteria shall be applied:
(1) The proposed use will be harmonious with and in accordance with the general objectives or with any specific objectives identified for the subject zoning district or those goals and objectives set forth in the City Comprehensive Master Plan or other applicable planning documents.
(2) The proposed use will be designed, constructed, operated, and maintained in a manner harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the same area.
(3) The proposed use will be adequately served by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any of those services.
(4) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the City.
(5) The proposed use will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
(6) The proposed use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the subject zoning district.
(e) Any land use not found in the Land Use Matrix Chart as a permitted use or a conditional use and not determined to be a substantially similar use by City Council, shall not be permitted in the subject zoning district.
(Ord. 2022-24. Passed 5-24-22.)