Lyon County may determine whether or not a use not specifically listed as allowed in a particular zoning district (by right or a conditionally permitted) may be deemed sufficiently similar to be allowed in a particular zoning district, either by right or conditionally permitted. Such determination can either be made administratively or through commission review of similarity of the use to uses already listed in accordance with the following:

   A.   Where the term "similar uses permitted by Director determination" is mentioned within any zone district, it shall be deemed to mean other uses which, in the judgment of the Director as evidenced by a written decision, are similar to and not more objectionable to the general welfare than those uses specifically listed in the same district.

   B.   The determination on the acceptance of the proposed use will be issued in the form of an administrative decision and the text of the Zoning Code will not be changed through this determination. If approved, the administrative decision would become the allowance for the proposed use to be included within the requested zoning designation.

   C.   The Director may provide the administrative determination or may refer the request for determination on an unlisted use to the commission. If the administrative determination is referred to the commission, the Director shall provide a recommendation for consideration in the referral.

   D.   The Director's determination regarding conformance of a use to a zoning district may be appealed to the commission pursuant to chapter 4 of this title. The Planning Commission's determination regarding conformance of a use to a zoning district may be appealed to the Board, pursuant to chapter 6 of this title. (Ord. 603, 11-1-2018)

   A.   Application for a determination on an unlisted use shall be made in writing to the Director, and shall include a detailed description of the proposed use and any other information as may be required to facilitate review of the request, along with the required fee as established by resolution.

   B.   The application shall provide rationale that the proposed use is consistent with uses permitted in the respective zoning district by utilizing a nationally accepted land use classification manual, such as the North American Industry Classification System ("NAICS"), Land Based Classification Standards ("LBCS") or American Planning Association ("APA") or other resources that may be acceptable to the Director.

   C.   The application shall provide the anticipated number of employees, anticipated traffic impacts, anticipated parking demand, proposed hours of operation, potential impacts on adjoining properties. The anticipated number of average daily trips ("ADTs") of the proposed use shall increase by no more than ten percent (10%) above what is generated by uses either allowed or conditionally permitted within the zoning district. (Ord. 603, 11-1-2018)

The Director shall review the application and request relative to the following criteria and provide the analysis within a final administrative determination letter to the applicant:

   A.   Comparison of the proposed use to the type and intensity of other uses principally permitted or conditionally permitted in the same zoning district;

   B.   Evaluation of the purpose and intent of that zoning district;

   C.   Review of the master plan to compare the proposed use characteristics with the applicable goals and objectives.

If a determination is referred on to the commission, the Director shall prepare a report which will address the items above and shall submit copies to the applicant and the commission. (Ord. 603, 11-1-2018)

The Director, or the commission upon referral by the Director, shall base the decision upon the following findings:

   A.   The use in question is of a similar type and intensity to other principally permitted or conditionally permitted uses in the same zoning district.

   B.   The use in question meets the purpose and intent of the district in which it is proposed.

   C.   The use in question meets and conforms to the applicable policies and maps of the master plan and would be appropriately served by planned or existing infrastructure. (Ord. 603, 11-1-2018)