Each zoning district established by this Zoning Code, and amendments thereto, includes a list of uses of land or structures that are permitted in the district because they are considered compatible with one another. To the extent that new types of uses are created which have not been 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 listed as a permitted use in any district within the Village;
(2) The proposed use is not explicitly prohibited in any district or the Zoning Code;
(3) The proposed use conforms to and is consistent with the purpose statement of the district in which it is proposed;
(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;
(5) Such proposed use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the district to which it is proposed; and
(6) Such proposed use does not create traffic to a greater extent than the other uses listed in the district to which it is proposed.
(B) Assignment to Districts. If the Planning Commission approves the proposed similar use, then the similar use shall be added to the appropriate districts, as identified in the Planning Commission’s determination.
(Ord. 2023-03, passed 2-27-2023)