Chapter 17.96 — SIMILAR USE DETERMINATION

Prior History: Former Ch. 17.100 SP Zone Requirements And Standards For Specific Plan No. 336, compiled of RCC Ch. 17.106; Ord. 18 § 2, 2008; repealed by Ord. 247, 1/15/2025.

The allowed use tables of this Title may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted by right, permitted conditionally, or prohibited, the similar use determination establishes a process for the review and possible addition of new uses to the allowed use tables.

(Ord. 247, 1/15/2025)

A similar use determination is required when a use is not specifically listed in this Title but may be allowed if it is determined to be similar in nature to a use that is permitted by right or conditionally permitted.

(Ord. 247, 1/15/2025)

• A. Application Filing and Processing. Applications for a similar use determination shall be filed and processed in accordance with the applicable procedures contained in Chapter 17.125 (Common Application Processing Procedures).

• B. Application Fees. Application fees shall be collected in accordance with the provisions of Chapter 3.44 (Fees).

• (Ord. 247, 1/15/2025)

Prior to approving a similar use determination (Chapter 17.100), the approving authority shall make all the following findings:

• 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 intensity of activity, environmental impact, or population density than other uses permitted in the zone.

• B. The proposed use is consistent with the purposes of the applicable zone.

• C. The proposed use is consistent with the goals and policies of the adopted General Plan and any applicable specific plan.

• (Ord. 247, 1/15/2025)

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. Findings as listed for the approval.

• D. The deadlines, criteria and fees for filing an appeal. (Ord. 247, 1/15/2025)

Similar use determinations shall become effective on the date of approval unless a 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. 247, 1/15/2025)