A. In the interpretation and application, the provisions of this Code shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare. It is not intended by this Code to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance other than the above described Zoning Code, or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law relating to the use of buildings or premises; provided, however, that where this Zoning Code imposes a greater restriction than is required by existing ordinance or by rules, regulations or permits, the provisions of this Code shall control.
B. The Planning and Development Director shall interpret the terms, requirements and processes of this Code. The interpretation of the text shall be narrow and based on common understanding of terms. Any determination of the Planning and Development Director may be appealed to the Building and Zoning Board of Appeals, according to Article VII, Section 1(b) of the City Charter and Chapter 1123 of the Codified Ordinances.
C. Similar Uses.
1. Since every potential use cannot be addressed in this Code, each district may accommodate similar uses, as referenced in this section. All applications for a use not specifically addressed in a zoning district shall be submitted to the Planning and Development Director for review and a decision, based on the following process:
a. The Planning and Development Director shall first find that the proposed use is not listed as a permitted or conditional use in any other district.
b. If the use is not permitted elsewhere, the Planning and Development Director shall review the purpose, permitted uses and conditional uses in the zoning district to determine if the proposed use is consistent with the district purpose and is similar to other allowed uses relative to its character, scale and overall compatibility, objectionable impacts on public health, safety and welfare.
2. If a proposed use is determined to be similar to other uses listed within the district and is consistent with the district's purpose, the proposed use shall comply with all the standards or requirements associated with the listed use(s).
3. The Planning and Development Director may, in his/her sole discretion, submit a proposed use to the Building and Zoning Board of Appeals for a similar use determination.
4. If either the Planning and Development Director or Building and Zoning Board of Appeals determines that a proposed use is not similar to a listed use, the applicant may request that the Planning and Design Commission or City Council initiate an amendment to the Zoning Code, as provided in Chapter 1127, to include the use.
5. The determination of whether a proposed use is similar to another listed use shall be considered as an interpretation of the use regulations and not a use variance. Once a use has been determined to be similar, it shall be included in the list of uses.
(Ord. 2017-32. Passed 5-2-17.)