Coalinga Municipal Code Art. 3 Determination of Unspecified Uses

In order to ensure that the Zoning Ordinance will permit all similar uses in each district, the Community Development Director shall recommend to the Planning Commission whether a use not specifically listed as a permitted or conditionally permitted use in a zoning district shall be deemed a permitted use or a conditional use in one or more districts on the basis of similarity to uses specifically listed.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Application for determination that a specific use should be included as a permitted or a conditional use in a zoning district shall be made in writing to the Community Development Director, and shall be accompanied by a detailed description of the proposed use, site location, site plan and such other information as may be required by the Community Development Director.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

The Community Development Department shall make or have made such investigations as it deems necessary to compare the nature and characteristics of the proposed use with those specifically listed in this ordinance, and make a determination of its classification.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

The Planning Commission shall determine the settlement of an unspecified use at a public hearing, and shall base its decision on findings supporting the conclusions.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a) In classifying an unlisted use, the Planning Commission, and the City Council in case of an appeal, shall first make a finding that all of the following conditions exist:

(1) That investigations have disclosed that the subject use and its operation are compatible with the uses permitted in the district wherein such use is proposed to be located;

(2) That the subject use is similar to one or more uses permitted in the district within which such use is proposed to be located;

(3) That the subject use will not cause significant reduction to the values of the property in the neighborhood or district within which such use is proposed to be located; and

(4) That the subject use will be so designed, located, and operated that the public health, safety, and general welfare will be protected.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

Within ten (10) days following the date of a decision of the Planning Commission on a request for a determination of use, a written summary of the decision shall be transmitted to the City Council. A decision shall become effective thirty (30) days following the date on which the determination was made or on the day following the next meeting of the Planning Commission, whichever is later, unless an appeal has been taken to the City Council within those thirty (30) days, or unless the City Council shall elect to review the decision of the Planning Commission. Appeals shall be handled as specified in Section 9-6.115 of this chapter.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)