ADMINISTRATION AND PROCEDURES iii. The establishment of such use in the zone or district will not significantly alter the nature of the district; iv. Such use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare, traffic, or other objectionable impacts or influences to an extent greater than normally resulting from permitted uses listed in the zone or district; and v. Such use does not typically require site conditions or features, building bulk or mass, parking lots or spaces, or other requirements dissimilar from permitted uses; and the typical development of site and buildings for such use is compatible with those required for permitted uses and can be constructed in conformance with the standard regulations for height, lot dimensions, setbacks, and other provisions of the zone or district. D. A similar use shall be heard by the BZBA in accordance with the notice provisions applicable to a conditional use. E. Based upon the application of the foregoing factors, the BZBA shall determine whether a proposed use should be or should not be determined to be a similar use for the district or zone. Appeals of any similar use determination shall be heard by City Council in accordance with the appeals provisions set forth under Chapter 1109.25 hereof. F. Following the approval of any similar use determination, the Planning and Zoning Administrator shall conduct the six (6) month review applicable to conditional uses and make such determinations and reports as provided for under Chapter 1109.15(J) hereof. G. Within fourteen (14) days of the BZBA’s denial of a similar use determination, the applicant may file a written appeal with City Council. Any applicant who does not file an appeal within fourteen (14) days of the date of denial by the BZBA shall have waived such right to appeal, and the decision of the BZBA shall become final. SECTION 1109.19 SITE PLAN AND DESIGN REVIEW SITE PLAN AND DESIGN REVIEW WHEN APPLICABLE…. Minor Site Plan and Design Review Any non-residential development, or site improvement which involves under five thousand square feet (5,000SF) of structure or building, other than a fence or accessory structure. 196
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