The purpose of this chapter is to provide for a code interpretation for those uses not specifically listed in a particular zoning district but which are similar in character, scale and performance to the permitted uses specified therein. (Ord. 619, 2003)

Similar use requests shall be reviewed in accordance with the Type II review procedures.

(Ord. 619, 2003)

Any application for a similar use shall be filed with the city manager and accompanied by the appropriate fee. It shall be the applicant’s responsibility to submit a complete application that addresses the review criteria of this chapter. (Ord. 619, 2003)

A similar use may be authorized provided that the applicant demonstrates that the proposed use satisfies the following criteria:

A. The use is consistent with the purpose of the underlying zoning district and is similar in character, scale and performance to uses specified in the underlying district.

B. The use conforms to the applicable standards and limitations of the underlying zoning district.

(Ord. 619, 2003)

A. In approving an application for a similar use, the planning commission may:

1. Determine whether the use is prohibited, permitted or conditionally permitted in the specified zone;

2. Determine whether the use is permitted or conditionally permitted in a different zone;

3. Consistent with the development requirements of the identified zone, determine whether additional land use actions, such as conditional use approval or a site plan review, are required.

B. The determination by the planning commission that a proposed similar use cannot be accommodated in a given zone does not preclude an application, by the appropriate party, for an amendment to the text of the comprehensive plan and/or development code. (Ord. 619, 2003)