Chapter 23.304 — Land Use Classification

The purpose of this chapter is to establish land use classifications and to explain how land uses are regulated in this title. This chapter explains the use classification system, the allowed use and permit requirements, how uses not listed are regulated, and how similar uses are determined. It is not possible to list every possible use, so general categories are provided, specific uses are identified as needed, and a process is provided to classify uses that do not clearly fit into a use classification.

(Ord. 27-2008 § 1 (Exh. A § 2.2.010); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

In order to simplify land use regulations, land uses listed in this chapter and throughout this title have been grouped into general categories on the basis of common function, product, or compatibility characteristics. These general allowed use categories are called "use classifications." Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may appropriately be within the classification. Each land use is described in Article 11 of this title (Definitions), as grouped by use classification.

The following rules apply to use classifications:

• A. Specific Use Provisions. Additional use regulations for special land uses are listed in Article 9 of this title (Specific Use Provisions).

• B. Uses Not Listed. Land uses that are not listed in the zoning district tables are not allowed, except as otherwise provided for in this title.

• C. Illegal Uses. No use that is illegal under local, state, or federal law shall be allowed in any zoning district within the city.

• D. Special Purpose Zoning District. When a property is located within a special purpose zoning district, the allowed use provisions of that special purpose zoning district shall prevail. When a special purpose zoning district is silent on allowed use provisions, it defers to the allowed use provisions of the base zoning district. Only where there is a conflict do the special purpose zoning district provisions prevail.

• E. Similar Uses. When a use is not specifically listed in this code, it shall be understood that the use may be permitted if the director determines that the use is similar to other uses listed based on established criteria and required findings outlined in Chapter 23.122 RCMC (Similar Use Determinations). It is further recognized that every conceivable use cannot be identified in this title and, anticipating that new uses will evolve over time, the director may make a similar use determination to compare a proposed use and measure it against those uses listed.

• F. Overlay Zoning District. When a property is located within an overlay zoning district that regulates the allowed use provisions of that subject property, the allowed use regulations of the overlay zoning district shall prevail. When an overlay zoning district is silent on allowed use provisions, it defers to the allowed use provisions of the base zoning district. Only where there is a conflict between the base zoning district and the overlay zoning district do the regulations of the overlay zoning district prevail.

• (Ord. 27-2008 § 1 (Exh. A § 2.2.020); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))

Zoning district allowed use tables throughout this article (Tables 23.307-1, 23.310-1, 23.313-1, 23.316-1, and 23.319-1) identify allowed land use and permit requirements in each of the city's base zoning districts. Generally, a use is allowed by right, allowed through issuance of an administrative or conditional use permit, or not permitted. In addition to the permit requirements of this title, other permits may be required prior to establishment of the use (e.g., building permit). The permitting requirements identified in these tables are:

• A. Permitted (P). A land use shown with a "P" indicates that the land use is permitted by right in the designated zoning district, subject to compliance with all applicable provisions of this zoning code (e.g., development standards, design review).

• B. Administrative (AUP). A land use shown with an "AUP" indicates that the land use is permitted in the designated zoning district upon issuance of an administrative use permit from the designated approval authority, subject to compliance with all applicable provisions of this zoning ordinance (e.g., development standards, design review).

  • An administrative use permit may only be considered for projects exempt from the California Environmental Quality Act (CEQA). A project that is designated with an "AUP" on the allowed use tables, but requires CEQA analysis, shall require a conditional use permit.

• C. Conditional (C). A land use shown with a "C" indicates that the land use is permitted in the designated zoning district upon issuance of a conditional use permit from the designated approval authority, subject to compliance with all applicable provisions of this zoning code (e.g., development standards, design review).

• D. Not Permitted (N). A land use shown with an "N" in the table is not allowed in the applicable zoning district. Additionally, uses not shown in the table are not permitted.

• (Ord. 27-2008 § 1 (Exh. A § 2.2.030); Ord. 12-2011 § 3 (Exh. A); Ord. 4-2017 § 3 (Exh. B))