Division 6 — DETERMINATION OF USES NOT LISTED

In order to ensure that the zoning regulations will permit all similar uses in each district, the planning commission, upon its own initiative or upon request, shall determine whether a use not specifically listed as a permitted or conditional use in any district shall be deemed a permitted use or a conditional use in any one (1) or more districts on the basis of similarity to the uses specifically listed. The procedures of these sections shall not be substituted for the amendment procedure as a means of adding new uses to the list of permitted or conditional uses.

Application for determination of similar uses shall be made in writing to the department of planning and community development and shall include a detailed description of the proposed use and such other information as may be required to facilitate the determination.

The director shall make such investigation of the application as necessary to compare the nature and characteristics of the proposed use with those uses specifically listed and shall make a report of his findings to the planning commission.

The determination of the planning commission shall be rendered in writing and shall be transmitted to the city council within fifteen (15) days of the determination. The decision of the commission shall become final within fifteen (15) days of the receipt by the city council of the notice of action unless an appeal is filed or the majority of the council elects to review the determination.

A decision of the commission may be appealed within fifteen (15) days to the council, as prescribed in section 9804.5.

The city council shall make a determination as prescribed in section 9806 if an appeal has been filed within the prescribed fifteen-day appeal period. The decision of city council shall be final.