§ 150.1611 SIMILAR USES.

   Within each zoning district established by the Zoning Code and amendments thereto, uses of land or structures which are compatible with each other are permitted in the district. To the extent that new types of uses are created and are not addressed by this Zoning Code, this section provides the procedure by which the Planning Commission may make a determination that a new use is similar to a use permitted in a district.

   (A)   Determination. A proposed use may be permitted as a similar use when the Planning Commission determines that such proposed use is in compliance with the following provisions:

      (1)   The proposed use is not prohibited in any other district;

      (2)   The proposed use is not listed as a permitted building or use in any other district;

      (3)   The proposed use conforms to and is consistent with the Purpose statement of the proposed district more appropriately than in any other district;

      (4)   The proposed use is of the same general character as the permitted uses in the district to which it is proposed or is similar to a specific use permitted in that district.

   (B)   Procedure. The Planning Commission shall review the proposed use according to the conditional use procedures set forth in §§ 150.1602 through 150.1605, including the requirement for a public hearing.

   (C)   Action by Planning Commission. The Planning Commission shall, within 10 days after its hearing, forward a recommendation to City Council in compliance with the procedures set forth in § 150.1607. The Planning Commission shall recommend that Council confirm, confirm with modifications or deny the application for a similar use determination and provide the reasons for their decision.

   (D)   Action by Council. Council shall act upon such recommendation pursuant to the procedures of § 150.1608 If Council confirms the proposed similar use, then the similar use shall be added to those districts that allow the principal or conditional use that is most similar Districts. If Council, by a majority vote of its members, concurs with the recommendations of the Planning Commission and confirms the proposed similar use, then the similar use shall be added to those districts that allow the principal or conditional use that is most similar, as identified in the recommendation. Council shall complete their review within 60 days from the date the application is forwarded from the Planning Commission.

(Ord. 5-2005, passed 3-23-05)