Chapter 17.60 — PERMITTED USES

§ 17.60.010. Listed uses. ¶

Buildings, structures and land shall be used, designed, erected, structurally altered or enlarged only for the purposes permitted in the zone in which such building or land is located and then only after applying for and securing all permits and licenses required by law and ordinances. (1964 Code Appx. A § 10.00)

§ 17.60.020. Unlisted uses – Generally. ¶

It is recognized that, in the development of a comprehensive zoning ordinance:

A. Not all uses of land can be listed, nor can all future uses be anticipated; or
B. A "use" may have been omitted from the list of those specified as permissible in each of the various zones herein designated; or
C. Ambiguity may arise concerning the appropriate classification of a particular use within the meaning and intent of this title.

Hence, the phrase, "plus such other uses as the commission and council may deem (pursuant to Chapter 17.60 CMC) to be similar and not more obnoxious and detrimental to the public health, safety and welfare," appears in "permitted uses" in each zone. (1964 Code Appx. A § 10.00)

§ 17.60.025. Unlisted and unpermitted use – Medical marijuana dispensary – Public… ¶

Repealed by Ord. 17-09.

(Ord. 13-2025 § 3, 2013; Ord. 13-2022 § 4, 2013)

§ 17.60.030. Unlisted uses – Procedure. ¶

When an unlisted use is proposed for a particular zone or when classification of an unlisted use is requested, it shall be the duty of the commission to ascertain all pertinent facts concerning the use and by resolution of record set forth its findings and the reasons for designating a specific classification for such use. Such resolution shall be referred to the council and, if approved by the council, thereafter such designated classifications shall govern. (1964 Code Appx. A § 10.00)

§ 17.60.040. Unlisted uses – Findings. ¶

In permitting or classifying an unlisted use, the commission shall first make a finding that all of the following conditions exist:

A. That field investigations have disclosed that the subject use and its operation are compatible with the uses permitted in the zones wherein it is proposed to be located; and
B. That the subject use is similar to one or more uses permitted in the zone within which it is proposed to be located; and
C. That the subject use will not cause substantial injury to the values of property in the zone within which it is proposed to be located; and
D. That the subject will be so designed, located and operated that the public health, safety and general welfare will be protected.

(1964 Code Appx. A § 10.00)