Uses other than those specifically mentioned in this Zoning Code as permitted uses in each district may also be allowed therein, provided that, in the judgment of the Planning Commission, such other uses are of a similar character to those mentioned and will have no adverse influence or no more adverse influence on adjacent properties, the neighborhood or the community than the permitted uses specifically mentioned for the district, in accordance with the following standards.
(a) The determination as to whether a main or accessory use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any main use found similar shall thereafter be included in the enumeration of main uses permitted by right. In the case of an accessory use, the accessory use shall thereafter be permitted as accessory by right in that district to the main use to which it is accessory. Application for similar use shall be made to the Planning Commission by submitting a site plan as set forth in § 1254.12, Site Plan Review.
The Planning Commission shall grant or deny the similar use permit utilizing the following standards:
(1) That such use is found to be compatible with the intent statement of the district for which it is being considered;
(2) That such use is not listed in any other main classification of permitted uses, or in the case of accessory uses that the use is not listed as an accessory use to the main use in any other district;
(3) That such main use conforms to the basic characteristics of the classification to which it is to be added, and is more appropriate thereto than to any other main classification;
(4) That the use does not create dangers to the health or safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences to an extent greater that normally resulting from other uses listed in the classification to which it is to be added; and
(5) That such use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.
(b) If approved, the use shall be identified as a conditional permitted use, subject to the standards and regulations of § 1254.08, Conditional Use Permits, in this Zoning Code unless a formal Zoning Code text amendment is conducted, as per § 1254.11, Amendments, incorporating such use as a principal permitted or accessory permitted use.
(c) Appeals to the decision of the Planning Commission shall be made to the Board of Zoning Appeals.
(Ord. 17-2013, passed 9-24-2013)