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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.
Applications for zoning 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 Planning and Zoning Board.
Within thirty (30) days after such submittal, the Planning and Zoning Board 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 Planning and Zoning Board shall find that all of the following conditions exist:
(a) Such use is not listed as a permitted or conditional use in another zoning district.
(b) 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.
(c) 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.
(Ord. 2004-111. Passed 7-26-04.)
Development standards set forth shall be the minimum allowed for uses permitted in that district. If development standards are in conflict with requirements of any other lawfully adopted rule, regulation, or law, the most restrictive standard shall govern.
(Ord. 2004-111. Passed 7-26-04.)
For particular uses in specific districts, a Development Plan will be cited as required. In such cases, the Development Plan shall be submitted by the applicant at the time of the application for a zoning permit, or at such time when the property is rezoned into that district. The Development Plan shall contain a site plan for the property, drawn to approximate scale, showing all property lines, existing buildings, access drives, parking areas, and other notable physical features. The Development Plan shall also show the location, outlines and size of all proposed structures including the design of all improvements including drainage, private streets, water and sanitary sewer lines, as well as the size, design, materials and location of all signage proposed for the development. The Development Plan shall also contain a narrative description of the proposed use, and a clear evaluation of how such use is likely to impact adjacent property.
The Development Plan shall be reviewed by the Planning and Zoning Board and must be approved as a condition for the issuance of a zoning permit. In reviewing such Plan, the Planning and Zoning Board may seek the input from specific consultants. In approving a Development Plan, the Planning and Zoning Board shall find that the following criteria have been met:
(a) The proposed building or use shall have sufficient yard space to provide for adequate parking and screening of adjacent residential areas as may be required in the Planning and Zoning Code.
(b) The proposed use and structures, as proposed, can be adequately and efficiently served by public streets and utilities.
(c) The location, design and operation of the proposed use shall not impose undue adverse impacts on surrounding residential neighborhoods, and/or the Development Plan for the proposed facility has incorporated measures to lessen and/or alleviate such adverse impacts and protect the character of such adjacent residential areas.
(Ord. 2004-111. Passed 7-26-04.)
Essential Services, as defined and specified in Chapter 1113, shall be permitted in any and all zoning districts within the municipality.
(Ord. 2004-111. Passed 7-26-04.)