Chapter 17.60 — SIMILAR USE DETERMINATIONS

Sections: 17.60.010 Purpose. 17.60.020 Applicability. 17.60.030 Application required. 17.60.040 Review procedure. 17.60.050 Findings. 17.60.060 City council modifications. 17.60.070 Amendments. 17.60.080 Record of determinations.

All possible land uses may not be listed within the provisions of this title. When a particular use is not specifically listed in this title and it is unclear whether the use is permitted, the similar use determination allows the city council to determine whether or not a proposed use is similar to a permitted or conditionally permitted use and whether it may be permitted in a particular zoning district.

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 permitted or conditionally permitted use.

An application for a similar use determination shall be filed with the city council on a form prescribed by the city clerk, accompanied by an application fee as established by the city council.

No public hearing is required for review and processing of a similar use determination.

The city council shall approve a similar use determination only if it first makes the following findings. If the city council is unable to make any of the findings, the similar use determination shall be denied.

• A. The characteristics of and activities associated with the proposed use are equivalent to one or more of the permitted uses and will not involve a higher level of activity, environmental impact, or population density than the uses provided for 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 and this code.

The city council may require modifications to the proposed use, in whole or in part, to ensure consistency with the findings in Section 17.60.050 (Findings).

To amend a similar use determination following approval by the city council, a new similar use determination application shall be required.

The city clerk 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 each year.