Long Beach Municipal Code Div. VI Classification of Uses

A. Purpose. The classification of use procedure is established in recognition of the fact that zoning regulations relating to land use do not address every conceivable compatible land use which may be permitted within a given zone district. This procedure allows for the review of land use proposals not specifically permitted or prohibited in a zone district but which may be appropriate uses given their similar characteristics to other permitted uses.

B. Jurisdiction. The Zoning Administrator shall consider all classification of use applications and shall determine if the proposed use should be a permitted use in the zone under consideration. The Zoning Administrator's determination shall be filed with the Planning Commission for final action. Residential zones shall not be subject to this procedure.

(Ord. C-6533 § 1 (part), 1988)

Any person wishing to determine whether or not a specific use may be permitted in a specific zone district may file an application for classification of use.

(Ord. C-6533 § 1 (part), 1988)

As shown on Table 21-1, no notification is required for procedures conducted pursuant to this Division VI.

(Ord. C-6533 § 1 (part), 1988)

A use shall be determined to be a permitted use in a zone if it is found that:

A. Permitting the use in the zone will carry out the intent of the zone;

B. Permitting the use in the zone will carry out the General Plan, including the local coastal plan, when applicable;

C. The use is not a use specifically listed as a permitted, conditional or prohibited use in another zone generally considered to be less restrictive than the zone under consideration; and

D. The use is similar in scale, intensity of use and environmental impacts to uses permitted in the zone under consideration.

(Ord. C-6533 § 1 (part), 1988)

The Zoning Administrator shall hold a public hearing on any request for a classification of use within sixty (60) days of receiving a completed application.

(Ord. C-6533 § 1 (part), 1988)

The Zoning Administrator shall make a written summary of the action. The summary shall include the required findings and shall be transmitted to the Director of Planning and Building, the Planning Commission, the applicant and any person requesting such summary. When the zone under consideration is located in the coastal zone, the summary shall also be transmitted to the Coastal Commission.

(Ord. C-6533 § 1 (part), 1988)

The action to classify a use shall become effective at the end of Planning Commission hearing unless, for projects in the coastal zone, the Executive Director of the Coastal Commission informs the Zoning Administrator that either:

A. The Coastal Commission did not receive notice of the action at least fourteen (14) days prior to the effective date of the action;

B. The notice of action was incomplete or inadequate; or

C. The action is determined to constitute an amendment to the local coastal program.

(Ord. C-6533 § 1 (part), 1988)

After the effective date, the determination to classify a particular use in a zone shall apply to all subsequent requests to establish that same use in that zone.

(Ord. C-6533 § 1 (part), 1988)

The Department of Planning and Building shall maintain a current list of all uses classified in accordance with this Chapter, and the list shall be available to the public.

(Ord. C-6533 § 1 (part), 1988)