ZDO 106: Authorizations of Similar Uses

106.01 Purpose and Applicability

Section 106 is adopted to provide standards, criteria, and procedures under which anauthorization of a similar use may be approved.

1. The sections of this Ordinance that regulate individual zoning districts identify theuses permitted in those districts. In some cases, those sections also provide thatan authorization of a similar use may be approved to allow a use that is notidentified as permitted. In the absence of such a provision, Section 106 does not apply.
2. An authorization of a similar use is not a site-specific application, but rather it is ause-specific application. The decision on an application for authorization of asimilar use is applicable to all land in the zoning district for which the request wasmade and is applicable only to the use described in the application.
3. If an application for an authorization of a similar use is approved, the proposeduse shall be subject to the same approval criteria, review process, dimensionalstandards, and development standards as the use to which it is found to be most similar pursuant to Subsection 106.02(A), (B), (C), or (D).

106.02 Approval Criteria

An authorization of a similar use requires review as an interpretation pursuant toSection 1308, Interpretation, and shall be subject to the following standards andcriteria:

1. In the following zoning districts, the proposed use must be similar to one or moreof the listed permitted uses in that same zoning district: BP, C-2, C-3, CC, CI, GI,LI, NC, OA, OC, PMD, PMU, RC, RCC, RCO, RI, RTC, RTL, SCMU, and VCSDistricts.
2. In the following zoning districts, the proposed use must be similar to one or moreof the listed permitted limited uses in that same zoning district: HDR, MRR,RCHDR, and SHD Districts.
3. In zoning districts regulated by Table 315-1, Permitted Uses in the UrbanResidential Zoning Districts, 316-1, Permitted Uses in the Rural Residential andFuture Urban Residential Zoning Districts, or 317-1, Permitted Uses in the MRRand HR Districts, the proposed use must be similar to one or more uses that are:
   1. Listed permitted conditional uses in that same zoning district; and
   2. Identified by the applicable table as eligible to be the basis of an authorizationof similar use.
4. In the Historic Landmark, Historic District, and Historic Corridor overlay zoningdistrict, the proposed use must be similar to one or more of the listed permittedconditional uses in that overlay zoning district.
5. A use may not be authorized as a similar use if it is specifically listed asprohibited in the applicable zoning district.
6. A use may not be authorized as a similar use if it is a special use regulated by Section 800, Special Use Requirements.