Chapter 23.122 — Similar Use Determinations

The land use table may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted, the similar use determination allows the director to determine whether or not a proposed use is similar to a listed use and whether it may be permitted in a particular zoning district.

(Ord. 27-2008 § 1 (Exh. A § 1.8.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

A similar use determination is required when a use is not specifically listed in this zoning code but may be permitted if it is determined to be similar in nature to a temporary, permitted, or conditionally permitted use. (Formerly 23.122.030; Ord. 27-2008 § 1 (Exh. A § 1.8.030); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

An application for a similar use determination shall be filed in accordance with RCMC § 23.110.040 (Application requirements). (Ord. 4-2017 § 3 (Exh. B))

Similar use determinations are a limited discretionary decision by the director in accordance with RCMC § 23.104.030 (Recommending and approval authority). (Formerly 23.122.020; Ord. 27-2008 § 1 (Exh. A § 1.8.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

No public hearing is required for review and processing of a similar use determination unless requested pursuant to RCMC § 23.110.110 (Notice of pending director determination and opportunity to request hearing). If a public hearing is requested, notice and hearing procedures shall be consistent with RCMC § 23.110.120 (Notice of public hearing) and 23.110.130 (Public hearing procedures), respectively.

(Ord. 4-2017 § 3 (Exh. B))

The notice of decision shall be issued in accordance with RCMC § 23.110.140 (Notice of decision). (Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

The approval authority shall make a similar use determination after finding all of the following. If the approval authority does not make all of these findings, the similar use determination shall not be approved.

• A. The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity, environmental impact, or population density than the uses listed in the zoning district.

• B. The proposed use will be consistent with the purposes of the applicable zoning district.

• C. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the proposed use will be allowed.

• D. The proposed use will be consistent with the General Plan, any applicable Specific Plan, and the zoning code. (Formerly 23.122.040; Ord. 27-2008 § 1 (Exh. A § 1.8.040); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

The approval authority may require modifications to the proposed use in whole or in part and may require specific use conditions to ensure consistency with all applicable provisions of this code.

(Ord. 4-2017 § 3 (Exh. B))

Appeals may be filed in accordance with RCMC § 23.110.160 (Appeals). (Ord. 4-2017 § 3 (Exh. B))

Similar use determinations shall not expire. (Ord. 4-2017 § 3 (Exh. B))

Similar use determinations may not be amended following final action. A new similar use determination application shall be required. (Ord. 4-2017 § 3 (Exh. B))

The department shall maintain a record of approved similar use determinations in a format convenient for public use and shall cause the approved similar use determinations to be added to the zoning ordinance at least once a year. (Ord. 4-2017 § 3 (Exh. B))