Chapter 21.106 — ZONING ORDINANCE USE INTERPRETATION

The zoning ordinance use interpretation process is established to provide a means to clarify any ambiguity in the use regulations of this title, and to ensure consistent interpretation and application of this title. The planning commission has the authority for the interpretation of use provisions. Interpretation authority and procedures for all other regulations of this title are listed in Chapter 21.94.

(Ord. 612 Exhibit A (part), 2008).

It is recognized that every conceivable use cannot be identified in this title and that new uses will evolve over time. Therefore, when a use is not specifically listed in this title, the use may be permitted if the planning commission determines that the use is similar to other uses listed.

(Ord. 612 Exhibit A (part), 2008).

In determining the similarity of a proposed use that is not listed in this title, the planning commission will compare a proposed use and measure it against those uses that are identified in the applicable zoning district(s). In order to grant a zoning ordinance use interpretation for a use that is not listed, the planning commission shall make all of the following findings:

(1) The proposed use meets the intent of, and is consistent with the goals, policies, and objectives of the 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, and general welfare of the city's residents; and

(4) The proposed use shares characteristics common with, and is not of greater intensity, density, or environmental impact, than those uses listed in the land use zoning district in which it is to be located. (Ord. 612 Exhibit A (part), 2008).

In addition to the standard noticing requirement in Section 21.84.090, all similar use determinations of the planning commission shall be recorded and filed with the planning department. The record of the official interpretation shall cite the specific use and required findings. All recorded interpretations shall be provided to the city's planning agencies and applicable city departments within thirty days of the determination. (Ord. 612 Exhibit A (part), 2008).