(a) Allowed Uses. Land and structures may only be used or intended to be used for purposes expressly permitted by the Comprehensive Use Table of this Zoning Code.
(1) Permitted Uses. A permitted use is subject to administrative approval.
(2) Conditionally Permitted Uses. A conditionally permitted use is subject to quasi-judicial approval by the Board of Zoning Appeals. The Board of Zoning Appeals may -- in addition to zone- or district-specific development standards set forth in Chapter 1133; in addition to any use-specific standards set forth in Chapter 1135; and in addition to any generally applicable standards set forth in Chapter 1137 -- set forth requirements that will, in its judgment, render the conditionally permitted use compatible with the existing and future use of adjacent lots and the vicinity.
(b) Uses Not Listed. No land or structure may be used for any purpose not expressly listed in the Zoning Code as permitted or conditionally permitted unless such use is determined by the Building Officer to be similar in definition and impact to a permitted or conditionally permitted use.
(c) Similar Uses Not Listed.
(1) Any person may submit to the Building Officer an application for zoning approval for any use of land or structure that is similar in definition and impact to a permitted or conditionally permitted use.
(2) The Building Officer shall then determine whether the use is similar in definition and impact to a listed permitted or conditionally permitted use. If, in the judgment of the Building Officer, the use is similar in definition and impact to a listed permitted or conditionally permitted use, the proposed use shall be determined to be likewise permitted or conditionally permitted, and, provided that the proposed use complies with all other requirements of this Zoning Code, a zoning permit shall be issued.
(3) The applicant may appeal the decision of the Building Officer to the Commission. The Commission shall have the right to override the Building Officer's determination if it should find that the deter- mination was arbitrary, unreasonable, or capricious.
(4) The determination by the Building Officer or the Commission shall be for the purpose of enabling the applicant to otherwise comply with the zoning regu- lations regarding necessary applications or permits to be obtained. The decision shall in no way act as a commitment by the Commission or any other agency of the City as to future zoning, approval of conditional uses, or any other zoning matter.
(d) Use-Specific Regulations. Certain uses are subject to specific regulations, which are set forth in this chapter.
(Ord. 2022-110. Passed 12-12-22.)