Fowler Municipal Code Ch. 9.80 Similar Use Determination

The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the Similar Use Determination establishes a process for the review and possible addition of new uses to the allowed use tables without requiring a Zoning Code Amendment.

A Similar Use Determination may be applied when a use is not specifically listed in this Title but may be allowed if it is determined to be similar in nature to a use that is permitted by right or conditionally permitted.

A. Application Filing and Processing. Applications for a Similar Use Determination shall be filed and processed in accordance with the applicable procedures contained in Chapter 9.30 (Common Application Processing Procedures).

B. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees).

Applications for a Similar Use Determination shall be reviewed and approved by the Director. As the designated approving authority, the Director is authorized to approve, conditionally approve, or deny an application for a Similar Use Determination.

No public hearing is required prior to taking action on an application for a Similar Use Determination.

In approving an application for a Similar Use Determination, the Director may impose reasonable and appropriate conditions in order to achieve the purposes of this Title, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Prior to approving an application for a Similar Use Determination, the Director shall make all the following findings:

A. The characteristics of and activities associated with the proposed use are equivalent to one (1) or more of the listed uses and will not involve a higher intensity of activity, density, or environmental impact than other uses permitted in the zone.

B. The proposed use is consistent with the purposes of the applicable zone.

C. The proposed use is consistent with the goals and policies of the adopted General Plan and any applicable Specific Plan.

Written Notice of Decision shall be provided within three (3) business days of the date of decision to the applicant and interested parties who have requested notices in writing. Notice shall also be provided to members of the Planning Commission. The notice shall include:

A. The application request as acted upon by the Director.

B. The action taken by the Director.

C. Findings as listed for the permit.

D. The deadlines, criteria, and fees for filing an appeal.

Similar Use Determinations shall become effective on the date of approval unless a timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Actions taken on an application for a Similar Use Determination are subject to appeal. Appeals shall be processed in accordance with Section 9.30.090 (Appeals of Discretionary Actions).

An approved Similar Use Determination does not expire.

No extensions of time are necessary, as an approved Similar Use Determination does not expire.

Any amendments affecting an approved Similar Use Determination shall be handled as a new application.

The Community Development Department shall maintain all such determinations on record for review by the public upon request.