I have several provisions in my code that pass the responsiblity to my Board of Zoning Appeals to determine when a use is of "similar character" with a listed permitted/conditional/special use. This appears to be a hold over from our township/lack of professional staff past, but in the other munis I've worked and other codes I've reviewed, these determinations are usually the purview of staff at an administrative level. I think this should be changed to be staff's responsibility due the size of our community, to reduce red tape/unecessary delays and modernize our code, but I'm obviously recieving pushback, especially from the BZA.
I need to develop a rational defenible reason for my position and therefore I call upon Cyburbia's wealth of experience and knowledge to assist me.
What is your experience and/or advise for such a position (positive or negative)?