§ 5.3. STANDARDS FOR REVIEW, APPROVAL, AND ADMINISTRATION OF USES
5.3.1. Temporary Use Permits
(A)
Purpose. The temporary use permit is a mechanism by which the County may allow a use to locate on a short term basis and by which it may allow seasonal, short term or transient uses not otherwise allowed. A temporary use permit may be issued to allow for installation of temporary emergency or critical facilities related to a utility or communication site, after any required approval has been granted to establish the permanent facility. A temporary use permit shall not be approved for a marijuana club.
(B)
Temporary Use Permit Required. All temporary uses shall require a temporary use permit prior to beginning operation. All temporary uses shall comply with the standards established by this Code for the temporary use.
(C)
Temporary Use Standards.
(1)
Zoning District Standards and Requirements Apply. Setbacks and all other standards and requirements of the zoning district in which the temporary use is located shall apply to all structures or uses connected with the temporary use, unless otherwise identified herein.
(2)
Failure to Meet Criteria. Any variance from the requirements of this Code for a temporary use shall be considered a Variance of Use and not subject to the temporary use provisions of this Code.
(3)
Duration of Temporary Use. Temporary uses shall be limited to the specific dates/time period identified on the temporary use permit. No temporary use shall be allowed for a period exceeding one year, unless otherwise noted. Renewals of temporary uses may be granted in one year increments, following the same procedures as the original temporary permit issuance. Any renewal or reapplication shall be treated as a new application.
(4)
Compliance with Building Code and Health Code. Compliance with the Building Code and the Health Code is required for all temporary uses.
(5)
Parking and Requirement for Driveway Permit. Safe access and adequate parking shall be provided for the temporary use. Any temporary use that requires a building permit, lasts more than 31 days, or results in a driveway intersecting a County road is required to secure a driveway permit.
(6)
Compliance with Engineering Criteria Manual. Any temporary use is required to comply with the ECM.
(7)
Suspension/Revocation. If, upon review, the conditions or restrictions imposed by this Code or by the temporary use permit have not been complied with, the PCD Director may take any action deemed necessary to remedy the noncompliance, including but not limited to revocation of the temporary use permit or pursuing the noncompliance as a zoning violation.
(8)
Permit Transferability. A temporary use permit is valid only for the lot or parcel identified on the temporary use permit, and is not personal.
5.3.2. Special Use
(A)
Purpose. The purpose of the special use process is to address potential impacts of certain land uses on existing and allowed uses in the same neighborhood. The special use process considers the location, design, configuration, intensity, density, natural hazards and other relevant factors pertaining to the proposed use.
(B)
Applicability. No special use application shall be considered unless the underlying land is located within a particular zoning district which allows the proposed special use.
(C)
Criteria. In approving a special use, the following criteria may be considered:
• The special use is generally consistent with the applicable Master Plan;
• The special use will be in harmony with the character of the neighborhood, and will generally be compatible with the existing and allowable land uses in the surrounding area;
• The impact of the special use does not overburden or exceed the capacity of public facilities and services, or, in the alternative, the special use application demonstrates that it will provide adequate public facilities in a timely and efficient manner;
• The special use will not create unmitigated traffic congestion or traffic hazards in the surrounding area, and has adequate, legal access;
• The special use will comply with all applicable local, state, and federal laws and regulations regarding air, water, light, or noise pollution;
• The special use will not otherwise be detrimental to the public health, safety and welfare of the present or future residents of El Paso County; and/or
• The special use conforms or will conform to all other applicable County rules, regulations or ordinances.
(D)
Limits of Approval. Issuance of a special use permit shall authorize only the particular use and activity for which it is issued, for the time period, if specified, and in accordance with the permit conditions imposed. The special use permit runs with the land. The special use is based upon the parcel size stated in the application. A reduction or increase in parcel size is considered a substantial modification of the special use unless specifically provided for in the approval. The special use permit does not relieve the owner from compliance with any other permits, standards and regulations of this Code. No building permit shall be authorized to implement the use until the special use permit is approved.
The Board of County Commissioners may impose time restrictions on the approved special use permit as a condition of approval as it deems necessary.
(E)
Performance Guarantees and Financial Assurance. Sufficient performance guarantees and financial assurance may be required to ensure implementation of and compliance with the conditions imposed. The terms or any required guarantees and financial assurance shall be made part of a development agreement.
(F)
Public Facilities and Services. Special use permits shall be subject to the terms and requirements of the applicable development standards and regulations relating to the provision and financing of necessary public facilities and services. Determinations concerning the adequacy and efficiency of the provision of necessary public facilities and services, and the financing of the same, shall be based on standards and criteria adopted by the BoCC and may include a requirement that the applicant for a special use permit agrees to contribute a fair and equitable share of the costs of the public facilities and services through the payment of development impact fees, special assessments, participation in a local improvement district or special district, or other similar mechanism for the provision and financing of adequate public facilities and services.
Sufficient financial assurance may be required to ensure the timely completion of any public improvements needed to address potential impacts of the proposed use. The terms and conditions regarding the provision of public facilities and services shall be made part of the development agreement.
(G)
Limited to Approved Special Uses. Any land on which a special use permit is approved shall be limited to those uses and structures enumerated within the special use permit and no more than one principal allowed use.
(H)
Administrative Approval Authorized. Any special use may be acted upon by the PCD Director, except for those related to a CD request or mineral and natural resources extraction, which includes processing. The PCD Director, in his sole discretion, is authorized to elevate a special use application to a public hearing.
(I)
Post Approval Requirements.
(1)
Site Development Plan or Site Plan Review Required. Site development plan review or site plan review is required before an application for a building permit can be authorized by the PCD. Site development plan or site plan review may be concurrent with the special use permit process; however, the final site development plan or site plan shall be modified by the applicant to reflect the conditions of approval.
(2)
Conditions Included in Development Agreement and Filed for Recording. Conditions may be included in the development agreement signed by the applicant and the County. The development agreement shall be filed for recording by the applicant with the Clerk and Recorder.
(J)
Periodic Review of Special Use Permit.
(1)
Special Use Permit Subject to Periodic Review. Approved special uses shall be subject to a periodic review by the PCD to determine compliance with all applicable requirements and standards of this Code, and the conditions. The initial review shall be not more than one year from the date of issuance of the special use permit unless otherwise provided. Upon completion of each periodic review, the PCD shall document its findings and any recommendations or requirements to the holder of the special use permit.
(2)
Hearing Concerning Findings of Periodic Review. The BoCC shall have the power to conduct, after notice, public hearings concerning a special use permit and compliance of the owner with the applicable requirements and standards of this Code, and the conditions imposed by the County.
(K)
Abandonment.
(1)
Determination of Abandonment of Use. Unless otherwise provided, a special use shall be deemed abandoned, and the special use permit shall have no further force and effect, if: (1) the primary intended use or activity has not been substantially implemented within 2 years of approval of the special use; or (2) the primary intended use or activity has been discontinued for a period of 2 consecutive years. For purposes of this provision, a special use shall be deemed discontinued if the primary intended use has not been actively and regularly conducted on the approved special use site.
(2)
Determination of Abandonment of Mineral Extraction. A mineral extraction special use shall be deemed abandoned, and the special use permit shall have no further force and effect, if the mineral extraction activity has been discontinued for a period of 3 years.
(3)
Extension of Special Use Permit. Prior to the expiration of the special use permit due to a determination of abandonment, a one year extension may be granted by the PCD Director for good cause shown after receiving a written request for extension
(L)
Suspension or Revocation.
(1)
Violation of Permit Grounds for Suspension or Revocation. The violation of any applicable requirement or standard of this Code, or of any condition, safeguard or commitments of record of the special use permit or development agreement shall constitute sufficient grounds for suspension or revocation of the special use permit by the BoCC, after a public hearing at which the holder of the special use permit shall be afforded the opportunity to be heard.
(2)
Notice of Revocation Hearing. Notice of the public hearing on the suspension or revocation of a special use permit shall be in accordance the Procedures Manual, and given by conspicuously posting the subject property for a period of at least 10 days prior to the public hearing, and mailing a copy of the written notice to the holder of the special use permit and any complaining party at least 10 days prior to the public hearing.
(3)
Determination of Suspension or Revocation. In determining whether suspension or revocation is warranted, the BoCC shall consider, among other factors, the nature and magnitude of the violations found to exist; the impact of the violations on the health, safety and welfare of adjacent property owners and surrounding communities; and any other evidence presented in aggravation or mitigation of the violations committed.
(4)
Suspension or Revocation in Addition to Other Penalties. Suspension or revocation is in addition to any other remedies and enforcement provisions provided by this Code or by law.
(M)
Permit Transferability. The special use permit is valid only for the lot or parcel identified on the special use permit and may be transferred to a new property owner.
(Res. No. 16-164, 5-17-2016)
5.3.3. Approval of Location
(A)
Purpose. The purpose of this Section is to determine if a public use, structure or utility proposed for location in unincorporated El Paso County conforms to the adopted Master Plan, and to provide procedures for the timely review of the Approval of Location of public facilities or uses as provided by C.R.S. §§ 30-28-110, et seq.
(B)
Determination of Public Use. A public use is considered to be any activity primarily funded by taxes, or of an entity which has the capability to levy taxes, or is of benefit to the public such as airports, schools, parks, utilities, and other similar public areas or structures.
(C)
Applicability. The Planning Commission is required to review and approve construction of or plans for the construction of any road, park, or other public way, ground, or space, public building or structure, or public utility, whether publicly or privately owned prior to the construction of any facility. This procedure shall not apply to the following:
• Where such activity is subject to the provisions of Appendix B Guidelines and Regulations for Areas and Activities of State Interest of El Paso County (hereinafter "Appendix B" Guidelines and Regulations); and
• Routine extensions of public utility lines and minor modifications to existing uses or facilities.
The following projects require Approval of Location review to the extent they are not subject to Appendix B Guidelines and Regulations:
• Public schools (including Charter Schools);
• Public roads, public parks, trails and trail heads, public ways, grounds and spaces, public buildings and structures and utilities, whether public or privately owned;
• Public building where the building, facility or use provides or fulfills a governmental function the governmental unit is legally authorized to provide including publicly-owned jail or prison facilities;
• Water storage facility including a reservoir, pond, lake, tank or basin, natural or man-made, used for the storage, regulation or control of water;
• Central office buildings of telephone utilities;
• Fiber optic cable regeneration buildings; and
• Cable TV buildings and satellite receiving areas.
(D)
Specific Facilities or Actions Exempted from the Approval of Location Permit. The following facilities or actions are exempted from the approval of location permit, but shall comply with any other permit or development requirements:
• Operation, maintenance, repair and replacement of existing water and sewage collection, treatment, storage and delivery facilities and associated works, provided that improvements or replacements of existing facilities do not expand the level of service beyond existing design capacity and do not materially alter the location of the existing facility;
• Projects addressed by an intergovernmental agreement which the County has approved will be subject to this Code unless otherwise provided by the terms of the intergovernmental agreement;
• Any facility necessary to serve any subdivision or other use approved under this Code provided that the BoCC specifies in its approval of the subdivision or other use that separate review of the system, extension, or proposal is not necessary under this Code;
• A facility identified within a PUD, where the Site Development Plan has been submitted and reviewed concurrently with PUD application.
• Expansion of existing facilities does not require submittal of a new application if the expansion was identified and approved in the original application.
(E)
Federal or State Reviewed or Approved Facilities. Review or approval of a project by a federal or state agency does not prevent, and will not substitute for, the need to obtain a permit for that project under this Code. Where in the opinion of the Planning Commission, federal or State review and approval processes adequately address the impacts that this Code is designed to address, the County may agree to rely on that review and approval.
(F)
Public Facilities Identified as an Allowed or Special Use in the Zoning District. Where the public facility is identified as an allowed or special use in the zoning district, the Approval of Location process shall be controlling for the authorization of the facility.
(G)
Public Schools and Charter Schools.
(1)
Prior to Acquisition of Land for School Site. Prior to acquiring land or contracting for the purchase of land for a school site, the school district shall consult with and advise the Planning Commission in writing to ensure that the proposed site conforms to the adopted Master Plan as far as is feasible.
(2)
Prior to Construction of a Structure. Prior to construction of any structure or building, the school district shall submit a site development plan for review and comment to the Planning Commission.
(3)
Request by Planning Commission for Public Hearing. The Planning Commission may request a public hearing before the school district on the proposed site location or site development plan. If the Planning Commission requires a hearing, the school district shall promptly schedule the hearing, publish at least one notice in advance of the hearing and provide written notice of the hearing to the Planning Commission.
(4)
Information to be Considered and Recommendation. The Planning Commission will consider all information presented at the hearing. If no hearing is requested, the Planning Commission will consider all information provided by the school district and provide to the school district its recommendations and conclusions.
(5)
School District Responsible for Facility Locations. The authority to make final determinations as to the location of public schools and to erect buildings and structures is the school district's.
(H)
Other Requirements and Clarifications.
(1)
Site Development Plan Required. A proposed site development plan shall be submitted to the Planning Commission for approval before construction or authorization of any public road, public park, trail or trail head, public way, ground or space, public building or structure or utility, whether public or privately owned.
(2)
Disapproval of County-Funded Project. In case of disapproval of a County-funded project, the Planning Commission shall communicate its reasons to the BoCC. The BoCC is authorized to overrule the disapproval by a majority vote. Upon overruling, the BoCC may proceed with construction or authorization of the project.
(3)
Non-County Projects. If the project is one that is not required to be authorized or financed by the County, the Planning Commission's disapproval may be overruled by the body or official having jurisdiction over the authorization and financing of the project by a majority vote. In the case of a utility owned by an entity other than a political subdivision, the Planning Commission's disapproval may be overruled by the public utilities commission by not less than a majority of its entire membership.
(4)
County Projects Subject to Review. Applicable County-funded or County-authorized projects shall be approved pursuant to C.R.S. § 30-28-110, other applicable statues and laws, and interpretation of the same by the PCD Director and the OCA.
(5)
Failure of the Planning Commission to Act. Failure of the Planning Commission to act within 30 days after the date of official submission to it is deemed an approval, unless a longer period is granted by the submitting board, body or official.
(I)
Special Process for Recording Plats Involving Roads. All plans of roads for public use, and all plans, plats, plots, and replats of land laid out in subdivision or building lots and the roads, alleys, or other portions intended to be dedicated to a public use or the use of purchasers or owners of lots, shall be submitted to the BoCC for review and subsequent approval, conditional approval, or disapproval. It is not lawful to record any such plan or plat in any public office unless the same bears, by endorsement or otherwise, the approval of the BoCC after review by the Planning Commission.
(J)
Review Standards. The application for a public use, structure or utility is reviewed for conformity with the submittal and processing requirements included within this Code and Procedures Manual and for conformity with the adopted Master Plan.
(K)
Effect of Approval. Issuance of an approval of location permit shall authorize only the particular use and activity for which it is issued, in accordance with the permit conditions imposed. The approval of location permit runs with the land. The applicant shall be subject to all other permits, standards and regulations of this Code, including but not limited to Appendix B Guidelines and Regulations, except to the extent expressly modified in the permit approval, in order to use the land in accordance with the approval of location permit and associated site plan. No building permit shall be authorized to implement the use until the approval of location permit is issued.
(L)
Conversion of Public Facility to Private Facility. A conversion of a public facility with an approval of location to a private facility shall be completed in conformance with the applicable zoning district standards.
(M)
Post Approval Requirements.
(1)
Satisfaction of Conditions. Prior to beginning any construction or the commencement of the approved use, the applicant shall satisfy any required conditions.
(2)
Site Development Plan Review or Site Plan Review. Site development plan review or site plan review is required before an application for a building permit can be authorized by the PCD. Site development plan or site plan review may be concurrent with the approval of location process; however, the final site development plan or site plan shall be modified by the applicant to reflect the conditions of approval.
(N)
Abandonment.
(1)
Determination of Abandonment of Use. Unless otherwise specified by the Planning Commission, an approval of location shall be deemed abandoned, and the approval of location permit shall be of no further force and effect, if: (1) the primary intended use or activity has not been substantially implemented within 2 years of the Planning Commission approval; or (2) the primary intended use or activity has been discontinued for a period of 2 consecutive years. For purposes of this provision, an approval of location shall be deemed discontinued if the primary intended use has not been actively and regularly conducted on the approved site.
(2)
Extension of Approval of Use Permit. Prior to the expiration of approval of use permit, a one year time extension may be granted by the PCD Director for good cause shown after receiving a written request for extension.
5.3.4. Variance of Use
(A)
Purpose. Occasionally, a use is proposed that is not allowed in the applicable zoning district. The BoCC may grant a variance of use to allow the proposed use if it determines that it meets the criteria contained in this Code.
(B)
Applicability.
(1)
Where Applicable. Those uses that are not otherwise an allowed use or special use in a zoning district, except in a PUD Zoning District, may be considered for a variance of use. A variance of use may not be considered in a PUD Zoning District. The power of the BoCC to vary the provisions of this Code is permissive, not mandatory, and shall not be exercised in such a way as to frustrate the scheme or intent of this Code. The power to grant variances shall be exercised sparingly.
(2)
Variance of Use to Comply with Review Criteria and Other Standards. The BoCC evaluates each proposed variance of use for general compliance with the review criteria in this Code and the development standards that apply to all development.
(C)
Criteria. In approving a variance of use, the following criteria may be considered:
• The strict application of any of the provisions of this Code would result in peculiar and exceptional practical difficulties or undue hardship.
• The proposed use is compatible with the surrounding area, harmonious with the character of the neighborhood, not detrimental to the surrounding area, not detrimental to the future development of the area, and not detrimental to the health, safety, or welfare of the inhabitants of the area and County;
• The proposed use will be able to meet air, water, odor or noise standards established by County, State or federal regulations during construction and upon completion of the project;
• The proposed use will comply with all applicable requirements of this Code and all applicable County, State and federal regulations except those portions varied by this action;
• The proposed use will not adversely affect wildlife or wetlands;
• The applicant has addressed all off-site impacts;
• The site plan for the proposed variance of use will provide for adequate parking, traffic circulation, open space, fencing, screening, and landscaping; and/or
• Sewer, water, storm water drainage, fire protection, police protection, and roads will be available and adequate to serve the needs of the proposed variance of use as designed and proposed.
(D)
Limit of Approval. Issuance of a variance of use permit shall authorize only the particular use and activity for which it is issued, for the time period, if specified, and in accordance with the permit conditions imposed. The variance of use runs with the land. The variance of use is based on the parcel size stated in the application. A reduction or increase in parcel size is considered a substantial modification of the variance of use unless specifically provided for in the approval. The variance of use permit does not relieve the owner from compliance with any other permits, standards and regulations of this Code. No building permit shall be authorized to implement the use until the variance of use permit is approved.
The Board of County Commissioners may impose time restrictions on the approved variance of use permit as a condition of approval as it deems necessary.
(E)
Renewal/Expiration. If the existing variance of use is subject to expiration, continued operation of the use after expiration of the variance of use permit constitutes a violation, subject to the requirements of Chapter 11. Therefore, the applicant shall submit a new application prior to expiration of the permit conforming to the requirements in place at the time of submittal in order to renew the variance of use permit. If the permit expires, in order to resolve the violation, Applicant shall be required to submit a new application for a new variance of use permit.
(F)
Administrative Renewal Authorized. Any variance of use renewal may be acted upon by the PCD Director. In renewing a variance of use, the PCD Director shall consider the record of compliance with conditions of approval, proposed modifications in the scope of the land use, criteria for approval pursuant to this Section or as may otherwise be amended, and may consider other relevant factors. The PCD Director, in their sole discretion, is authorized to elevate a variance of use permit renewal to a public hearing.
(G)
Suspension/Revocation. The violation of any applicable requirement or standard of this Code, or of any condition, safeguard or commitments of record of the variance of use permit shall constitute sufficient grounds for suspension or revocation of the variance of use permit by the BoCC, subject to the requirements of Chapter 11.
(H)
Abandonment. Unless otherwise specified by the BoCC, variance of use shall be deemed abandoned, and the variance of use permit shall be of no further force and effect, if: (1) the primary intended use or activity has not been substantially implemented within one year of the BoCC's approval; or (2) the primary intended use or activity has been discontinued for a period of one year. For purposes of this provision, a variance of use shall be deemed discontinued if the primary intended use has not been actively and regularly conducted.
(Res. No. 16-164, 5-17-2016)
5.3.5. Map Amendment (Rezoning)
(A)
Purpose. The purpose of zoning is to locate particular land uses where they are most appropriate, considering public utilities, road access, and the established development pattern. In addition to categorizing land by uses such as residential, commercial, and industrial, the LDC also specifies such details as building setback lines, the height and bulk of buildings, the size and location of open spaces, and the intensity to which the land may be developed. The zoning of parcels of land generally conforms to and promotes the County's Master Plan. Zoning protects the rights of property owners while promoting the general welfare of the community. By dividing land into categories according to use, and setting regulations for these categories, zoning governs private land use and segregates incompatible uses.
Generally, rezoning is justifiable under one of the following circumstances:
• When the requested rezoning is in general conformance or consistency with the County's Master Plan;
• If inconsistent with the Master Plan, a material change in the character of the area since the date of the current zoning is demonstrated;
• When there was an error or oversight in the original zoning of the property; or
• The zone change is necessary for the general health, safety, or welfare of the community.
(B)
Criteria for Approval. In approving a Map Amendment, the following findings shall be made:
• The application is in general conformance with the El Paso County Master Plan including applicable Small Area Plans or there has been a substantial change in the character of the neighborhood since the land was last zoned;
• The rezoning is in compliance with all applicable statutory provisions, including but not limited to C.R.S. § 30-28-111 § 30-28-113, and § 30-28-116;
• The proposed land use or zone district is compatible with the existing and permitted land uses and zone districts in all directions; and
• The site is suitable for the intended use, including the ability to meet the standards as described in Chapter 5 of the Land Development Code, for the intended zone district.
(C)
Conditions on Rezoning Authorized. Conditions of approval may be included in the resolution approving a rezoning request. Where any approved condition would impact the permitted uses or density and dimensional standards of the rezoned property, the existence of the conditions shall be noted on the Zoning Map. Any amendment to the conditions placed upon a rezoning is considered a new zoning action. Conditional zoning shall not be used to circumvent the intent or requirements of this Code, shall be exercised sparingly and in exceptional situations, and the burden of proof shall be upon the applicant to demonstrate the need.
(D)
Updates of Maps. The PCD Director is responsible for producing all updates of the County Zoning map.
(E)
County Initiated Zoning. The County may initiate the rezoning of any property within the unincorporated area of the County.
5.3.6. Administrative Determinations on Uses
(A)
Purpose. The purpose of this Section is to provide for a mechanism to interpret the permissibility of uses of property which are not expressly identified as one of the land uses authorized in a zoning district or overlay zoning district, or defined by this Code.
(B)
General Considerations. A request for an administrative determination shall relate to a specific site, zoning district, use or application. An administrative determination of this Code issued by the PCD Director shall have the same effect as any provision of this Code. An administrative determination of this Code remains in effect until rescinded in writing by the PCD Director, until such time as the administrative determination is overturned on appeal, or until such time as an amendment to the Code results in a change affecting the administrative determination. An administrative determination requires analysis and comparison of various code provisions to arrive at a decision as opposed to a nondiscretionary review where compliance can be determined based on objective standards.
(C)
Similar Uses.
(1)
Determination of Similar Uses. No use not specifically identified as an allowed use, special use, temporary use, or accessory use shall be allowed unless the PCD Director determines the use is similar to an expressly allowed use, special use, temporary use, or accessory use. The uses allowed in each zoning district or overlay zoning district are identified in Chapter 5.
When a use is not specifically identified as allowed in a zoning district or overlay zoning district, it shall not be allowed in the zoning district or overlay zoning district unless it meets the following criteria in determining the use is a similar use:
• The function, performance characteristics, and location requirements of the unlisted use shall be consistent with the purpose and description of the zoning district where it is proposed;
• The unlisted use is compatible with the uses specifically allowed in the district, and similar in characteristics such as traffic and parking generation, noise, glare, vibration, and dust.
(2)
Exclusion of Uses. The listing of any use as being allowed in any particular zoning district or overlay zoning district shall be deemed to be an exclusion of the use from any other zoning district, in which the use is not specifically listed.
(3)
Interpretations in Writing. Similar use determinations shall be made in writing by the PCD Director, who shall also determine whether an amendment to this Code to include the similar use is appropriate. Interpretations that are not in writing shall have no force or effect. Written interpretations set no precedent and shall be limited to the property identified in the interpretation unless determined to apply to an entire category of land.
(4)
Record of Interpretations. The PCD Director shall maintain an official record of all interpretations in the PCD. The official record shall be available for inspection.
(5)
Effect of Determination of Similar Use. Any use determined to be substantially similar to an allowed use, special use, temporary use, or accessory use in a zoning district or overlay zoning district shall comply with all other development standards contained in this Code pertaining to the substantially similar use, including, but not limited to, dimensional requirements, landscaping requirements, parking requirements, and design requirements.
(D)
Request for Interpretation. Before a text or use interpretation will be provided by the PCD Director, a request for interpretation shall be submitted to the PCD in a form established by the PCD Director, and processed in accordance with Chapter 2.
(E)
Limit of Interpretations. No interpretation shall authorize any use in a zoning district or overlay zoning district unless the PCD Director determines the use is substantially similar to an allowed use, special use, temporary use, or accessory use in the zoning district or overlay zoning district. No interpretation shall allow the establishment of any use inconsistent with the statement of purpose for the zoning district or overlay zoning district, and no interpretation shall have the effect of amending, abrogating, or waiving any other standard or requirement established by Code.