In order to ensure that this title will permit compatible uses in each district, and recognizing that not every possible land use can be identified in this title and because new land uses evolve over time, the staff and/or the planning commission, upon its own initiative or upon written request, shall determine whether a use not specifically listed as a permitted, accessory or temporary use in any district shall be deemed a permitted use or conditional use in one or more districts. The determination shall be based upon the similarity to uses specifically listed in the zone. The procedures of this chapter shall not be substituted for a zoning ordinance amendment procedure as a means of adding new uses to the list of permitted or conditional uses.
(Ord. 714 § 5, 2012; Ord. 862 § 2, 2022)
Application for a determination shall be submitted to the planning department and include a detailed description of the proposed use and any other such information as may be required to facilitate the determination.
(Ord. 714 § 5, 2012; Ord. 862 § 2, 2022)
Staff will review and compare the proposed use characteristics with the general plan goals and objectives as well as the purposes of the various land use ordinances and must find:
A. 
The proposed use must be compatible with surrounding uses and shall be of a similar or less intensive nature than uses being compared within the district. Use characteristics to be evaluated shall include, but are not limited to: typical development requirements such as access and parking demands, building enclosure and outdoor use, environmental impacts (i.e., noise, dust, odor, vibration, heat, glare, presence and handling of hazardous materials, etc.), nature of business (wholesale, retail, service, manufacturing, etc.), construction type, and typical public service demands (water, sewer, fire protection, etc.).
B. 
The use in question meets the purpose and intent of the district in which it is proposed.
C. 
The use in question meets and conforms to the applicable goals and objectives of the general plan.
(Ord. 714 § 5, 2012; Ord. 862 § 2, 2022)
A. 
Any determination on a proposed unlisted use may be referred to the planning commission as a public hearing item if the city planner determines on a case-by-case basis that the public interest would be better served by such referral.
B. 
Staff determinations may be appealed by the applicant to the planning commission by filing a written request along with the established city fee with the planning commission within ten business days of the date of the staff determination. The planning commission shall consider the appeal as a public hearing item.
C. 
The planning commission shall base their decision on the criteria in Section 9.06.030. The determination of the planning commission shall be effective ten calendar days after the date of decision unless appealed to the city council, by written appeal filed with the city clerk, whose decision shall be final.
(Ord. 714 § 5, 2012; Ord. 862 § 2, 2022)
Any applicant or aggrieved person may appeal any determination of the planning commission for consideration by the city council in accordance with Section 2.04.100 of the municipal code. Any appeal must be submitted in writing within ten days of the decision of the planning commission and be accompanied by the payment of a fee as determined in the adopted fee schedule adopted by the city council.
(Ord. 714 § 5, 2012; Ord. 862 § 2, 2022)