§ 17.11

A.

Allowable Uses of Land. When a use is not specifically listed in this development code, the use is prohibited except as follows:

1.

It is recognized that every conceivable use cannot be identified by this development code, and new uses will develop over time. This section authorizes the director to fit an unidentified use within a use or uses identified in this development code; provided, the unidentified use has similar impacts, functions and characteristics. The director may make a "determination of similar use" decision, which is a determination that the proposed use is similar to one or more other permitted and listed uses. In making a determination of similar use the director shall identify the similar use or uses and shall consider the following:

a.

Volume and type of sales (retail or wholesale), the size and type of items sold and nature of inventory on the premises;

b.

Processing, assembly, manufacturing, warehousing, shipping and distribution done on the premises; and dangerous, hazardous, toxic or explosive materials used in processing;

c.

Nature and location of storage and display of merchandise (enclosed, open, inside or outside the principal building), and the predominant types of items stored (business vehicles, work-in-progress, inventory and merchandise, construction materials, scrap and junk);

d.

Type, size and nature of buildings and structures supporting the use;

e.

Number and density of employees and customers, business hours and employment shifts;

f.

Transportation requirements by volume, type and characteristics of traffic generation to and from the site and trip purposes;

g.

Parking characteristics, turnover and generation, and the ratio of the number of spaces required per unit area or activity; and

h.

Amount and nature of potential nuisances generated on the premises (smoke, noise, odor, glare, vibration, radiation, fumes, etc.).

In making a determination of similar use, the director may attach reasonable conditions and restrictions to the use, in addition to those required by this development code, which will ensure that the use:

a.

Will not endanger the public health, safety or general welfare;

b.

Will not injure the value of adjoining or abutting property;

c.

Will not result in any significant environmental impacts;

d.

Will be in harmony with the area in which it is located; and

e.

Will be in conformity with the General Plan and/or applicable specific plan(s).

B.

Application. An application for a determination of similar use shall be submitted on forms provided by the department. The application shall include a description of use for which a determination is requested, together with the reasons why the applicant believes the determination is justified.

C.

Findings. In making a determination of similar use, the director shall clearly establish the following findings of fact:

1.

The proposed use meets the intent of, and is consistent with, the goals, objectives and policies of the adopted General Plan;

2.

The proposed use meets the stated purpose and general intent of the zoning district in which the use is proposed to be located;

3.

The proposed use will not adversely impact the public health, safety or general welfare of the city's residents; and

4.

The proposed use shares characteristics common with, and is not of a greater intensity, density or generate more environmental impact than, those listed in the zoning district in which it is to be located.

D.

Applicable Standards and Permit Requirements. When the director determines that a proposed, but unlisted, use is similar to a permitted use, the proposed use will be treated in the same manner as the permitted use in determining where it is allowed, what permits are required and what other standards and requirements of this development code apply. Each determination of similar use shall be site specific and shall not apply district wide.

No person shall allow, conduct, establish or maintain an unlisted use in any district in the city, or start site work on a related proposed development prior to obtaining a written determination of similar use from the director and complying with all other

requirements in this development code.

No person shall allow, conduct, establish or maintain a use in violation of conditions that accompany a determination of similar use. No person shall expand or intensity a use that has been approved pursuant to a determination of similar use without prior written approval from the director.

E.

Commission Review or Determination. The director shall report determinations of similar land uses in compliance with this subsection to the commission at the next regularly scheduled commission meeting, either orally or as part of the commission's consent calendar. The director may forward questions about equivalent uses directly to the commission for a determination at a public meeting.

F.

Appeals. The decision of the director is appealable to the commission and decisions by the commission are appealable to the council pursuant to Chapter 17.74.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.12 - STANDARDS FOR SPECIFIC LAND USES

17.12.010 - Purpose and applicability.

A.

Purpose. This chapter provides site planning and development standards for land uses that are allowed by Article II of this development code in multiple zoning districts (e.g., in residential and commercial districts) and set forth herein.

B.

Applicability. Land uses covered by this chapter shall conform with the provisions applicable to the specific use, in addition to other applicable provisions of this development code.

(Ord. No. 2010-265, § 3, 1-27-2010)