The Village Council may render similar use determinations of the provisions of this Zoning Code in accordance with the provisions of this chapter. This interpretation authority is established pursuant to the Village Council's authority to act in an administrative capacity. Upon the Council making a determination of similar use pursuant to the standards and procedures set forth in this chapter, the Schedules of Permitted Uses in §§ 1250.05, 1252.05, 1254.05, 1256.05, and 1258.05 of this Code shall thereafter be interpreted to include the similar use for the zoning district or districts for which it was authorized.

(Ord. 2012-20, passed 4-17-2012)

   The use interpretation authority established by this section is intended to recognize that the provisions of this Zoning Code cannot possibly address every specific use which may occur. Many such uses, however, can be readily addressed by an interpretation of this Zoning Code in light of the general and specific purposes for which the Zoning Code has been enacted.

(Ord. 2012-20, passed 4-17-2012)

   Applications for similar use determinations may be filed by any property owner or his or her agent; provided, however, that similar use determinations shall not be sought by any person based solely on hypothetical facts or where the interpretation would have no effect other than as an advisory opinion.

(Ord. 2012-20, passed 4-17-2012)

   (a)   Application. Applications for similar use determinations shall be filed in accordance with the requirements of Chapter 1276.

   (b)   Action by Code Enforcement Officer. Upon receipt of a properly completed application for a similar use interpretation, the Code Enforcement Officer shall forthwith transmit to the Planning Commission for its review and recommendation to the Village Council.

   (c)   Recommendation by Planning Commission. The Planning Commission shall prepare a written report based on the standards set forth in § 1276.09 and forward its recommendation to the Village Council.

   (d)   Action by Village Council. Upon receipt of the Planning Commission's recommendation, the Village Council shall make a finding of similar use based on the standards set forth in § 1276.09.

(Ord. 2012-20, passed 4-17-2012)

The following standards shall be applied in making a similar use interpretation:

   (a)   The proposed use in not prohibited in any other zoning district.

   (b)   The proposed use is not listed as a permitted or conditional use in any other district.

   (c)   The proposed use conforms to and is consistent with the purpose statement of the proposed district.

   (d)   The proposed use is of the same general character as permitted uses in the zoning district to which it is proposed or is similar to a specific use permitted in that district.

(Ord. 2012-20, passed 4-17-2012)