Within each zoning district established by the Planning and Zoning Code and amendments thereto, uses of land or structures, which are compatible with each other, are permitted in the district. To the extent that new types of uses are created and are not addressed by this Planning and Zoning Code, this section provides the procedure by which the Planning and Zoning 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 and Zoning Commission determines that such proposed use is in compliance with the following provisions:
(1) The proposed use is not prohibited in any other district;
(2) The proposed use is not listed as a permitted use in any other district;
(3) The proposed use conforms to and is consistent with the purpose statement of the proposed district more appropriately than in any other district;
(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.
(b) Procedure. The Planning and Zoning Commission shall review the proposed use according to the conditional use procedures set forth in Chapter 1115, including the requirement for a public hearing.
(c) Action by Planning and Zoning Commission. The Planning and Zoning Commission shall approve, approve with modifications or deny the application for a similar use determination and provide the reasons for their decision.
(Ord. 2006-35. Passed 5-25-06.)