Depew City Zoning Code
§ 260-21
Determination of similar uses.
A.
If a use is not specifically listed as a permitted use for the listed districts established by this chapter, the Zoning Board of Appeals, through an interpretation request, may determine that a use is similar to those enumerated in a specific district. In making a determination that a use is similar, the Zoning Board of Appeals shall first determine that:
(1)
The use is not listed in any other classification of permitted uses;
(2)
The use is appropriate and conforms to the basic characteristics of the classification to which it is to be added;
(3)
The use is not contrary to the goals and objectives of the Village's Comprehensive Plan;
(4)
The use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than that resulting from other uses listed in the classification to which it is to be added; and
(5)
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.
The determination as to whether a 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 use found similar shall thereafter be included in the enumeration of uses permitted by right.