151.05 NATURE OF SIMILAR USES.

   Specified uses for certain types of business are set forth in General Commercial and Local Commercial Districts. It is further provided, by the zoning ordinances, that any other business or service establishment or use not specifically named may be permitted when it is determined that such business or service establishment or use is of the same general character as the specified permitted use.

   (a)    Determination of Use. The Board shall be authorized to determine whether such business or service establishment or use is of the same general character as the specified permitted use, subject to the provisions set forth herein. Such determination shall include any business or service establishment classified as subject to a special permit unless prohibited by ordinance. All determinations by the Board may be the subject of judicial review as provided for by Ohio R.C. 2506.01.

      (Ord. 11-95. Passed 2-7-95.)

   (b)    Written Applications. Two copies of a provided application form shall be filed with the Chief Building Inspector not less than twenty days prior to the date of the public hearing.

   (c)    Notice of Hearing. At the direction of the Chairman of the Board, the Chief Building Inspector shall cause a written notice of the hearing to be published in a newspaper of general circulation in Franklin County, and written notice of the hearing shall be mailed at least ten days before the date of the public hearing to the owners of property within and contiguous to the addresses of such owners, appearing on the County Auditor's current tax list or the Treasurer's real estate tax mailing list. No notice shall be required if there is filed with the application waivers from the property owners who are entitled to such notice.

   (d)    Description of Property and Intended Use. The application shall include the following statements:

      (1)    A legal description of the property.

      (2)    The proposed use of the property.

      (3)    A statement of the necessity or desirability of the proposed use to the neighborhood or community.

      (4)    A statement of the relationship of the proposed use to adjacent property and land use.

      (5)    The relationship of the proposed development to the development standards of the City as expressed by the zoning ordinances and the Master Plan.

      (6)    Such other information regarding the property, proposed use or surrounding area as may be pertinent to the application or required for appropriate action by the Board.

   (e)    Plot Plan. The application shall be accompanied by three copies of a plot plan, drawn to an appropriate scale, as determined by the Board, clearly showing the following:

      (1)    The boundaries and dimensions of the lot.

      (2)    The size and location of existing and proposed structures.

      (3)    The proposed use of all parts of the lot and structures, including accessways, walks, off-street parking and loading spaces, and landscaping.

      (4)    The use of land and location of structures on adjacent property.

   (f)   The Board shall approve a similar use when there is substantial evidence to show that the proposed business or service establishment is of the same general character or type as those that are specified in the zoning district involved. In determining if the proposed business or service is similar, the Board shall consider, but not limited to, the following factors:

      (1)    The general nature or type of business or service as proposed, its relationship with other property in the area as evidenced by present businesses, the Zoning Code and the Master Plan;

      (2)    The use of the land and the location and type of structures;

      (3)    The availability of access to the premises and its effect on motor vehicular and pedestrian traffic in the area;

      (4)    The number of employees and the availability of parking and loading spaces;

      (5)    Whether excessive noise, fumes or other obnoxious conditions will arise;

      (6)    The type of signs advertising the business or service, and

      (7)    Whether any manufacturing or assembling is involved.

   (g)    Approval with Modification. The Board may approve with modification an application for a similar use provided that the similar use and the applicable standards as set forth above are met. Further, such modification may be a limitation on the extent or intensity of development, a requirement for additional screening by fence or landscaping, a change in the method or plan for lighting, control of access or other conditions of development as may be required. Recommendations regarding the modification of plans or other appropriate actions shall be stated with the reasons for each recommendation.

   (h)    Building Permit. A building permit may be obtained only for the development of the property in accordance with the recommendations and plot plan as approved by the Board, and such changes or construction must be fully completed with the period of one year from the date of final approval by the Board, unless an extension of time is approved by the Board.

      (Ord. 16-67. Passed 2-21-67.)