Chapter 18.42 — SIMILAR USES PERMITTED BY COMMISSION DETERMINATION

It is recognized in the development of a Comprehensive Zoning Ordinance that ambiguity may arise concerning the appropriate classification of or permission of an unlisted particular use within the meaning and intent of this Ordinance. Hence, the phrase "Other Similar Uses Permitted by Commission Determination" appears under "Uses Permitted" in each zone.

• (1) Initiation: When an unlisted use or uses are proposed to the Commission for a particular zone, or when classification of an unlisted use or uses is requested, the Commission may, by motion, initiate proceedings to ascertain all pertinent facts concerning said proposal or request, hold public hearings and, by resolution, make its findings and state its reasons for classifying or permitting or not classifying or permitting an unlisted use or uses as similar uses permitted in a particular zone.

• (2) Staff Investigation: The Planning Department shall study the proposed similar use or uses and shall provide information necessary to assure action consistent with the intent of this Ordinance, and City's General Plan, and shall report its findings to the Commission.

• (3) Notice of Public Hearing Initiated by Commission Motion:

  • (a) The hearing date shall be set by the Secretary of the Planning Commission for not less than ten (10) nor more than forty-five (45) days after the initiating motion by the Commission.

  • (b) The notice of time, place and purpose of the hearing shall be published once in a newspaper of general circulation in the City not less than ten (10) days prior to the date of hearing; and the title of such notice shall consist of the words "Notice of Hearing on Proposed Similar Use" in larger type than that used for the balance of the notice.

• (4) Commission Public Hearing and Resolution:

• (a) The Commission shall not less than ten (10) days after the publication of the legal notice of a public hearing on a proposed similar use hold said public hearing.

• (b) Within thirty-five (35) days after the close of the public hearing, the Commission shall make findings that all the following conditions do or do not exist in relation to the proposed use in the particular zone within which it is proposed, to be located:

  • (i) It is not inconsistent with the purposes and intent of this Ordinance;

  • (ii) It is similar to one or more uses permitted in the zone within which it is proposed to be located;

  • (iii) Its operation is compatible with other permitted uses within said zone;

  • (iv) It will not cause substantial injury or impair the present or potential use of the properties in said zone;

  • (v) It will not be detrimental to the public health, safety, convenience and welfare of the community;

  • (vi) It will not generate substantial additional traffic congestion over other permitted uses in said zone; and

(vii) It will not adversely affect the intent of the City's General Plan.

• (c) If the Commission makes findings that all said conditions enumerated in subparagraph (b) above do so exist, it shall state its reasons therefor and by the same resolution include the proposed use as a permitted one within the zone in which it was proposed or requested to be included. A copy of said resolution shall be filed with the City Clerk within three (3) days of its adoption date. If the Commission makes findings that all said conditions enumerated in subparagraph (b) herein do not so exist, it shall state its reasons therefor in said resolution. Such a resolution shall be filed in the office of City's Planning Director.

• (5) Council Action: Upon City Clerk's receipt of the resolution described in subparagraph (4) (c), the Council, at its next regular meeting following the date of said receipt, may, by motion, reverse or modify in whole or in part the Commission's resolution. Unless the Commission's resolution is reverted, it shall become effective with any Council modifications on the date following the Council meeting at which the resolution was considered.

The record of the Similar Use Classification proceeding shall be kept on file in the Office of the Planning Director. Within one year of the effective date of the classification, the Planning Commission shall initiate an appropriate amendment to this zoning Ordinance, as provided in Chapter 18.47 (Amendments and Zone Changes).

The provisions of Chapter 18.46 (Revocation and Expiration of Permits and Variances) shall apply. (Ord. 501, Sec. 3, 1983)