Chapter 23.82 — INTERPRETATIONS OF PERMITTED USE LISTS

To provide a procedure by which the zoning administrator can allow a use in the C-1, C-D, C-FH, or C-2 zoning district that otherwise would not be permitted, but which from all pertinent information is substantially similar to and harmonious with other uses allowed (or allowed with conditions) in the zone. Either upon application, or upon the zoning administrator's own initiative, the zoning administrator may make such an interpretation of the list of permitted uses in the zoning code, in compliance with this chapter.

(Ord. 11-001 § 2, 2011; Ord. 13-003 § 21, 2013)

Any interpretation made pursuant to this chapter shall have effect only with respect to the application before the zoning administrator at the time it is made, and shall be based upon facts and circumstances pertaining to that application. The interpretation shall not have precedential effect, or be binding upon any later request for interpretation. (Ord. 11-001 § 2, 2011)

An application for an interpretation of a use not on the list of permitted uses shall be prepared, and shall include the following:

• (a) Data Furnished. A property owner desiring to propose an interpretation of the list of permitted uses for a district within which his or her property is located or an authorized agent of the property owner may file with the department an application on a form prescribed by the department, which shall include the following data:

  • (1) Name and address of the applicant;

  • (2) Statement that the applicant is the owner or the authorized agent of the owner of a property within the district for which an interpretation of the list of permitted uses is proposed;

  • (3) Address or description of the property on which the use is proposed to be located; and

  • (4) Information pertinent to the findings prerequisite to an addition to the list of permitted uses, prescribed in PGMC § 23.82.050 .

• (b) Fee. The application shall be accompanied by a fee as identified in the city's adopted schedule of fees, which is available from the community development department and on the city's website.

• (Ord. 11-001 § 2, 2011)

The zoning administrator shall hold at least one public hearing on each request within 30 days of the date the application is deemed complete.

• (a) Notice. Notice of the public hearing shall be given in compliance with Chapter 23.86 PGMC (Public Meeting and Hearing Procedures), except that mailed notice shall be provided to owners of all real property, as shown on the latest county equalized assessment roll, within 300 feet of the exterior boundaries of the site occupied or to be occupied by the use that is the subject of the hearing, and any other person who has filed a written request for notice with the department and has paid the required fee for the notice.

• (b) Hearing Procedure. At the public hearing, the zoning administrator shall review the proposed interpretation and may receive relevant evidence as to why or how the proposed interpretation of the list of permitted uses would or would not be appropriate, particularly with respect to the findings prescribed in PGMC § 23.82.050 .

• (c) Use Permit Required for Conditional Uses. If the zoning administrator makes a determination that allows a conditional use that is not currently on the list of permitted uses, the applicant shall obtain approval of an administrative use permit or use permit, pursuant to Chapter 23.70 PGMC (Community Development Permit Review Authorities and Procedures).

• (Ord. 11-001 § 2, 2011)

The zoning administrator may approve an interpretation to allow a proposed use not otherwise listed as a permitted use in the C-1, C-D, C-FH, and C-2 zoning districts upon making all of the following findings:

• (a) The proposed use will be in accord with the purposes of the district in which the use is proposed;

• (b) The use has the same basic characteristics as uses permitted in the district;

• (c) The use is reasonably expected to conform to the required conditions prescribed for the district;

• (d) The use will not be detrimental to the public health, safety, or welfare;

• (e) The use will not adversely affect the character or property values of any district in which it is proposed to be permitted;

• (f) The use will not create more traffic than the volume normally created by uses permitted in the district;

• (g) The use will not create more odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount normally created by uses permitted in the district; and

• (h) The use will not create any greater hazard of fire or explosion than the hazards normally created by uses permitted in the district.

• (Ord. 11-001 § 2, 2011; Ord. 13-003 § 21, 2013)

When a use has been allowed by means of an interpretation of the list of permitted uses in compliance with this chapter, the use shall be considered for addition to the appropriate section of these regulations when the zoning code is next amended, pursuant to the procedures in Chapter 23.84 PGMC (Legislative Amendments).

(Ord. 11-001 § 2, 2011)