(a)

Uses Not Specifically Listed. In the case where a use is not listed in the district use matrix in Appendix A, either as a specific LBCS classification or as an example, and such use is not otherwise prohibited by law, the Zoning Administrator shall determine, as set forth below, whether a substantially similar use exists in the use matrix. If the Zoning Administrator determines that a substantially similar use exists, then the regulations governing that use shall apply to the particular use not listed. In making the determination, the Zoning Administrator shall consider the national standards underlying the LBCS while also considering the City's particular needs for zoning and land use classification, and shall apply to the following rules of construction:

1.

If a use is listed as a general classification in the use matrix (Appendix A: Table of Authorized Land Uses) while a more specific classification within the same industry classification is also listed, the specific classification shall govern.

2.

Because the list of permissible uses set forth in the use matrix cannot be all-inclusive; those uses that are listed shall be interpreted by the Zoning Administrator to include other uses that have similar impacts to the uses listed in the Table of Authorized Land Uses.

3.

If the Zoning Administrator cannot interpret a use as substantially the same as a use listed in the Table of Authorized Land Uses, that use shall be prohibited. The Zoning Administrator shall not interpret the Table of Authorized Land Uses to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.

4.

The Zoning Administrator may determine whether the use is substantially the same as a use listed in the Table of Authorized Land Uses by analyzing the North American Industry Classification System (NAICS), United States, 2007 or latest edition for guidance.

5.

In analyzing the NAICS, the Zoning Administrator may determine that the use is substantially the same as a use listed in the Table of Authorized Land Uses by considering the industry description and illustrative examples of the most specific NAICS classification that may apply to the use, and the Zoning Administrator may compare uses across similar levels of specificity within the same NAICS classification and between NAICS and LBCS classifications.

(b)

City Uses. Use of land or facilities owned or leased by, or subject to easements granted to the City of Lynchburg shall not be subject to the use limitations established in this Zoning Ordinance. As a matter of policy, the City will endeavor to comply with standards applicable to similar uses.