Land Development Ordinance - Amended 4-2-2024

§9-1251 USES NOT SPECIFICALLY LISTED

Specific uses are listed in Article F Use Regulations, §9-1254 Permitted Use Table. Any proposed principal use, accessory use, or temporary use not specifically listed may be permitted where the Planning Director determines that the proposed use is similar to a use already listed in the Land Development Ordinance. Where it is determined that a proposed use shall be permitted as a use already listed in the Land Development Ordinance, such use shall be subject to the same use standards or special use permit review. The Planning Director shall make a determination in compliance with this Section. The petitioner shall maintain the right to apply for a text amendment or appeal the determination of the Planning Director, in compliance with the Land Development Ordinance.

a. Determining Uses Not Specifically Listed

Categorization of a propose use as another specifically listed use shall be determined by the Planning Director through comparative review and application of the following criteria in documented findings:

(1) The proposed characteristics of the activity in relation to the stated characteristics of each use;

(2) The amount of site area or floor square footage and equipment needed for the activity;

(3) The customer type for the activity;

(4) The projected number of employees for the activity;

(5) Hours of operation;

(6) Building and site arrangement;

(7) Type of vehicles used and parking requirements;

(8) The approximate number of vehicle trips generated;

(9) The anticipated impact on surrounding properties; and,

(10) Whether the activity is independent of other activities on the same site.

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