The provisions of this chapter apply to the means to be used to determine whether a proposed use is substantially similar to a use that is listed or provided for in this Zoning Code so that applicants are not burdened with securing a text amendment for the establishment of a use that reasonable people would agree was inadvertently omitted from, or should have been included in, the text of this Zoning Code.

(Ord. 186-91. Passed 10-15-92.)

   Where a property owner proposes a use that is not listed or provided for in this Zoning Code, the Planning Commission shall make a determination as to whether the proposed use is substantially similar to a use that is listed or provided for in this Zoning Code. Thereafter, the substantially similar use shall be deemed to be a permitted use in those districts where the listed use is a permitted use, and a conditional use in those districts where the listed use is a conditionally permitted use. When formulating a similar use determination, the Commission shall follow the standards set forth in Section 1256.04. Within seven days of the Planning Commission making a determination that a proposed use is substantially similar to a listed use, the Zoning Administrator shall notify Council of the Commission's decision, which shall include written findings stating the reasoning upon which such decision is based.

   Unless the decision is rejected by a three-fourths vote of Council within thirty days of Council's receipt of the Planning Commission decision, such substantially similar use determination by the Commission shall become effective. All similar use determinations will be incorporated into the next occurring amendment to this Zoning Code or as a separate amendment within one year (if there are no intervening amendments), whichever occurs first.

(Ord. 186-91. Passed 10-15-92.)

   If the Planning Commission determines that a proposed use is not substantially similar to a listed use, such determination shall not be appealed to Council, but remedy may be sought by the appellant through the submission of an application to the Planning Commission for amendment of this Zoning Code, as prescribed in Chapter 1146.

(Ord. 186-91. Passed 10-15-92.)

   The following standards shall be considered by the Planning Commission when making a determination that a use is substantially similar to a permitted or a conditionally permitted use within a specific district:

   (a)   The compatibility (i.e. the nature, predominant characteristics and intensity) of the proposed use in relation to the permitted and conditionally permitted uses in that district.

   (b)   The size, dimensional requirements, parking requirements, traffic generation potential and other regulatory considerations (such as noise, light, heat, odor, dust, glare and vibrations) normally associated with uses in that district, as specified in this Zoning Code.

(Ord. 186-91. Passed 10-15-92.)

   Should an unlisted use be determined to be substantially similar to a specific listed permitted or conditionally permitted use provided for in this Zoning Code, the proposed use shall then be permitted in the same manner and under the same conditions and procedures as the listed use is permitted.

(Ord. 186-91. Passed 10-15-92.)

   The Zoning Administrator shall maintain, as a public record, a listing of all unlisted uses that have been determined to be substantially similar to listed uses. For each such use, the record shall include the permitted or conditional use (as listed in this Zoning Code), the proposed use that was unlisted in this Zoning Code (about which the approved determination of substantial similarity was made) and the dates of any approval voted by the Planning Commission and Council, as well as copies of the similar use determination. In addition, this record shall contain the same information for all uses that have been determined not to be substantially similar. Applicants and the Zoning Administrator should consult this record when considering future permits.

(Ord. 186-91. Passed 10-15-92.)