§ 28.20

This Article provides a detailed description of each of the zones listed in Article I, along with their intended application, the Land Uses allowed within each zone, and any Planning Permits required to establish the permitted Land Uses.

(Ord. No. 503, 12-16-2014)

All the Primary Zones and their allowed Land Uses are shown in the Land Use Matrix in Section 28.22.020. It is important to note that each of the Primary Zones is intended to create a unique environment that will benefit one main type of activity or "Use Type" (agricultural, residential, commercial, industrial, recreational or open space). Although a variety of Land Uses are allowed in each zone, the needs of the Primary Zone's Use Type should be given priority when approving a discretionary permit or a new land use within any given Zone.

(Ord. No. 503, 12-16-2014)

Land Uses may be Primary, Secondary or Accessory as defined under "Use" in Article VIII, and the difference between them is largely a matter of scale.

(Ord. No. 503, 12-16-2014)

Where a particular Land Use is expected to be compatible with the primary Use Type intended for the zone (as described in Section 28.20.020), without the benefit of special operating conditions not otherwise indicated by this chapter, the Land Use Matrix will indicate the use is permitted "by right," meaning an Administrative Permit or Use Permit is not required for the use. However, the use must still operate in accordance with any special Land Use Restrictions referenced by the Land Use Matrix. Land Uses permitted by right within a particular zone are indicated by a "P" in the Land Use Matrix.

(Ord. No. 503, 12-16-2014)

Where it is likely that a particular Land Use can be conditioned to be compatible with the Primary Zone's main Use Type (as described in Section 28.20.020), the Land Use Matrix will indicate the Use is permitted upon approval of an Administrative Permit or a Use Permit.

Administrative (AD) Permits are required when a clear set of operating parameters (like restricted operating hours, or enclosure requirements) can be identified that will make a Land Use compatible with the Primary Zone's Use Type. Where an AD Permit is required, operating parameters for the Land Use can be found in Article III.

Use (UP) Permits are required when a wide range of solutions might be available for controlling the undesirable impacts generated by a specific use, and discretion must be used to select the best solution. Where a Use Permit is required, areas of concern may be identified in Article III under the specific Land Use, but in all cases conditions must be identified that satisfy the findings required by Section 28.52.040.

(Ord. No. 503, 12-16-2014)

A Land Use that is not listed in the Land Use Matrix in Article II, Division 3 is not allowed within the City except as provided below:

A.

Accessory Uses Allowed. Land Uses that meet the definition of an Accessory Use are permitted in each zone.

B.

Similar and Compatible Land Uses Allowed. A Land Use not listed in this Article is allowable where it has been determined to be a "Similar and Compatible Land Use," as provided below.

1.

Findings Required. Pursuant to Article I, Division 2, the Director (or a higher approval authority) may issue an administrative interpretation relating to land uses that appear to be "Similar and Compatible" with the approved Land Uses within a given zone. To be "Similar and Compatible," all of the following findings must be made:

a.

Both the characteristics of and activities associated with the use are similar in impact and intensity to one or more of the listed uses in the zone, and

b.

The use will be consistent with the purposes of the applicable zone as described in Article II, Division 2, and

c.

The use will be consistent with the General Plan, and

d.

The use will be compatible with the other uses allowed in the zone.

2.

Documentation of Decision. Regardless of the final approval authority, a determination that a use qualifies as a Similar and Compatible Land Use, and the findings supporting the determination, shall be made in writing in the form of a "Determination Letter" as provided by Article I, Division 2.

3.

Applicable Standards and Permit Requirements. When it is determined that a proposed Land Use is similar and compatible to a listed Land Use, the proposed Land Use will be treated in the same manner as the listed Land Use in determining where it is allowed, what permits are required, and what other standards and requirements of this chapter apply.

(Ord. No. 503, 12-16-2014)

Any Land Use identified as being allowable within a specific zone may be established on any Lot within that zone, subject to planning permit requirements indicated in the applicable Land Use Matrix, provided that the development also complies with all applicable Site Planning and Development Standards described in Article IV.

(Ord. No. 503, 12-16-2014)