A. Procedure for Interpreting Unlisted Uses
The Development Services Director may interpret a particular principal use or accessory use or structure not expressly listed in this Article, as allowed in a particular zoning district—as a permitted principal use, a Special Exception principal use, or a permitted accessory use or structure—in accordance with the procedure in Section 155.2423, Interpretation, and based on the standards in subsection B or C below, as appropriate.
B. Criteria for Allowing Unlisted Principal Uses
The Development Services Director shall interpret an unlisted principal use as an allowed permitted use or a Special Exception use in a particular zoning district only after determining that the nature, function, and duration of the use and the impact of allowing it in the zoning district are so similar to those of a use type or use category that is allowed in the zoning district that the unlisted use should be deemed allowed in the same manner (i.e., as a permitted use or a Special Exception use) as the similar use type or use category and subject to the same use-specific standards.
In making such determination, the Development Services Director shall consider the relevant characteristics of the unlisted use, the purpose and intent statements in this Code concerning the zoning district (Article 3: Zoning Districts), and the character of use types allowable in the district. The relevant characteristics of the unlisted use that should be considered in making this determination include but are not limited to the following:
1. Actual or projected characteristics of each activity likely to occur at the unlisted use;
2. The type, size, orientation, and nature of buildings, and structures devoted to each activity;
3. The number and density of employees and customers per unit area of site in relation to business hours and employment shifts;
4. Vehicles used and their parking requirements, including the ratio of the number of spaces required per unit area or activity;
5. Transportation requirements, including the modal split for people and freight, by volume type, and characteristics of traffic generation to and from the site;
6. Relative amounts of sales from each activity;
7. The nature and location of storage and outdoor display of merchandise, whether enclosed, open, inside or outside the principal building, and the predominant types of items stored;
8. Customer type for each activity;
9. How each use is advertised, including signage;
10. The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation, and fumes;
11. Any special public utility requirements for serving the proposed use type, including but not limited to water supply, wastewater output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and
12. The impact on adjacent lands created by the proposed use type, which should not be greater than that of other use types allowed in the zoning district.
C. Criteria for Allowing Unlisted Accessory Uses and Structures
The Development Services Director shall interpret an unlisted use or structure as an allowable accessory use or structure to a principal use allowed in a particular zoning district only after determining that:
1. The use or structure is accessory to the principal use, in accordance with the definitions of "accessory use" and "accessory structure" in Section 10.2, Terms and Uses Defined;
2. The nature, function, and potential impacts of the use or structure are so similar to those of uses or structures that are accessory to the principal use, or of accessory uses allowable in the zoning district, that the unlisted use or structure should be deemed allowable in the same manner as the similar accessory uses or structures;
3. The use or structure is compatible with the character of principal and accessory uses allowable in the district; and
4. Allowing the use or structure as an accessory use or structure is consistent with the purpose and intent statements in this Code concerning the zoning district (See Article 3: Zoning Districts.).
D. Effect of Allowing Unlisted Uses as Permitted Use or Special Exception Use
1. After interpreting an unlisted principal use as allowed as a permitted use or Special Exception use, or an unlisted accessory use or structure as a permitted accessory use or structure, in a particular zoning district, the Development Services Director shall determine whether the unlisted use or structure is likely to be common or to recur frequently, and whether its omission from Article 4's use standards is likely to lead to public uncertainty and confusion.
2. On determining that the allowed unlisted use or structure is likely to be common or would lead to confusion if it remains unlisted, the Development Services Director shall initiate an application for a text amendment to this Code in accordance with Section 155.2402, Text Amendment, to list the use or structure in Article 4 as a permitted principal use, a Special Exception principal use, or a permitted accessory use or structure, as appropriate. Until final action is taken on the text amendment application, the interpretation of the Development Services Director shall be binding.
3. If the Development Services Director determines that the allowed unlisted use or structure is of an unusual or transitory nature, and unlikely to recur frequently, the interpretation shall be binding in accordance with Section 155.2423.G, Effect of Interpretation, without further action or amendment of this Code.
(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13)