(A) Uses not listed. In order to ensure that the zoning regulations will permit similar uses in certain prescribed commercial zones, the Town Council, on its initiative or upon written request, shall determine whether a use not specifically listed as a permitted use shall be deemed a permitted use on the basis of similarity to uses specifically listed. The procedure prescribed in this section shall not be substituted for the amendment procedure as a means of adding new uses to the lists of permitted uses, but shall be followed to determine whether the characteristics of a particular use not listed are sufficiently similar to certain classes of permitted uses to justify a finding that the use should be deemed a permitted use.
(B) Review use characteristics. The Administrator, upon request of the Town Council, or written request of any person for a determination under this section, shall review the characteristics of any use proposed to be determined as similar to permitted uses, and shall transmit a report to the Council advising in what respects the proposed use would be, in fact, similar to specified permitted uses in the same zone district, or in what respects the proposed use would not be similar to permitted uses, or would be similar to uses specifically permitted only in other zone districts. After receipt of the report, the Council may determine the proposed use to be similar to uses specified as permitted uses in the same zone district if it finds that the proposed use will not be substantially different in its operation or other characteristics from uses specifically permitted in the same zone district. The Council shall state the basis for its determination, and the use thereafter shall be deemed a permitted use subject to the same regulations as specifically permitted uses in the same zone district.
(Ord. 8(1973) § 21.200; Ord. 29(2005) § 19)