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Title 19 — Development Code

§ 19.40

Twentynine Palms Zoning Code · 2026-06 edition · updated 2026-07-25 · Twentynine Palms

19.40.010 - Purpose

The land use table may not include all possible uses. When a specific use is not listed, the Similar Use Determination establishes a process for the review and possible addition of new uses to the land use table.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.40.020 - Applicability

A Similar Use Determination is required when a use is not specifically listed in this Development Code but may be permitted if it is determined to be similar in nature to a use that is permitted, permitted with a Site Plan Review, Administrative Use Permit, or Conditional Use Permit.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.40.030 - Application and Required Fees

A.

Application Filing and Processing. Applications for a Similar Use Determination shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

Application Fees. Application fees shall be collected in accordance with Section 19.28.050 (Applications and Fees).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.40.040 - Approving Authority

In cases where a specific land use or activity is not defined, the Director shall initially assign the land use or activity to a classification that is substantially similar in character. Use classifications not listed or not substantially similar to the uses in a specified land use district are prohibited in that district. Similar Use Determinations shall be approved by the specified approving authority responsible for the permit approval as designated in Table 19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, conditionally approve, modify, or deny a Similar Use Determination application.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.40.050 - Public Hearing and Notice

The Planning Commission shall hold a public hearing to make a decision on Similar Use Determinations when such determinations are referred to the Commission by the Director. A public hearing shall be set and notice given in accordance with Section 19.28.l00 (Public Hearing and Public Notice).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.40.080 - Notice of Decision

Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

A.

The application request as acted upon by the approving authority.

B.

The action taken by the approving authority.

C.

The deadlines, criteria and fees for filing an appeal.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.40.090 - Effective Date

Similar Use Determinations shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.40.100 - Appeals

Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.40.110 - Expiration

Approved Similar Use Determinations do not expire.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.40.120 - Extension of Time

No extensions of time are necessary as an approved Similar Use Determination does not expire.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.40.130 - Amendments

Any amendments affecting an approved Similar Use Determination shall be handled as a new application.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.40.140 - Record of Determinations

The Community Development Department shall maintain all such determinations on record for review by the general public upon request.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Chapter 19.41 - Vacation Home Rental

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Footnotes:

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Editor's note— Ord. No. 299, § 4(Exh. A), adopted May 24, 2022, amended Ch. 19.41 in its entirety, §§ 19.41.010—19.41.080, and enacted a new chapter as set out herein. Formerly, Ch. 19.41 pertained to similar subject matter.

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▸ Contents — Twentynine Palms Zoning Code
Twentynine Palms Zoning Code
  1. ▸ Title 19 — Development Code
    Overview
    1. § 19.02
    2. § 19.020
    3. § 19.04
    4. § 19.06
    5. § 19.08
    6. § 19.10
    7. § 19.12
    8. § 19.14
    9. § 19.16
    10. § 19.18
    11. § 19.20
    12. § 19.22
    13. § 19.26
    14. § 19.28
    15. § 19.29
    16. § 19.30
    17. § 19.32
    18. § 19.34
    19. § 19.35
    20. § 19.36
    21. § 19.37
    22. § 19.38
    23. § 19.40
    24. § 19.41
    25. § 19.42
    26. § 19.43
    27. § 19.44
    28. § 19.46
    29. § 19.48
    30. § 19.50
    31. § 19.52
    32. § 19.54
    33. § 19.55
    34. § 19.56
    35. § 19.57
    36. § 19.58
    37. § 19.60
    38. § 19.62
    39. § 19.64
    40. § 19.66
    41. § 19.68
    42. § 19.69
    43. § 19.70
    44. § 19.72
    45. § 19.73
    46. § 19.74
    47. § 19.78
    48. Chapter 19.80 — Noise Control

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