1125.03 SIMILAR USE INTERPRETATIONS.

   (a)   Purpose of Similar Use Interpretation. The purpose of similar use interpretations is to provide careful flexibility and adaptability to this Code to support novel uses that enhance the quality of life and quality of place in Whitehall.

   (b)   Review Criteria. Following receipt of a complete application for a zoning permit or other permit requiring review by this Code, the Director of Public Service shall classify any proposed, undefined uses as similar or dissimilar to defined uses based on the following factors:

      (1)   The scale and scope of the proposed use, including the scale and location of structures and signage.

      (2)   Commonly associated features of the use.

      (3)   Information provided by the applicant.

      (4)   Performance standards of the use, including associated odors, noise, lights, and demand on pedestrian and vehicular traffic.

   (c)   Public Hearing Notice Requirements. As provided in Administrative Code Section 151.05 (Nature of Similar Uses):

      (1)   At least ten (10) days before the date of the public hearing, at the direction of the Chairperson of the Board of Zoning and Building Appeals, the Director of Public Service shall cause written notice of the public hearing to be mailed to the property owners on the application and to the owners of property that are contiguous to the subject property.

      (2)   At least ten (10) days before the date of the public hearing, at the direction of the Chairperson of the Board of Zoning and Building Appeals, the Director of Public Service shall cause written notice of the public hearing to be published in a newspaper of general circulation in Franklin County, Ohio.

   (d)   Effect of Classification.

      (1)   Where the Board of Zoning and Building Appeals classifies a proposed, undefined use as functionally similar to a use that is defined within this Code, the associated permit application may proceed according to the applicable regulations of the functionally similar defined use.

      (2)   Where the Board of Zoning and Building Appeals cannot classify a proposed undefined use as functionally similar to any existing defined use within this Code, the proposed undefined use shall be presumed to be a prohibited use unless and until the text and/or map of this Code is amended per the applicable provisions of Article 1126 - Legislative Decisions.

         (Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)