17.52.030 Determination of similar use.
A. Purpose. When a property owner or applicant proposes or contemplates a use of property not expressly authorized as a permitted use or as a conditional use by the regulations of the applicable zoning district or districts, he/she may request a determination of similar use in accordance with the procedures set out in this section.
B. Request for Determination. A request for determination of similar use shall be in writing and shall include the following:
1. Name of requesting entity;
2. Description of the proposed or contemplated use;
3. Identification of the zoning district or districts in which the use is proposed or contemplated;
4. Explanation of why the property owner, applicant, or potential applicant feels the proposed or contemplated use meets the criteria in subsection (F) of this section for determination of similar use.
C. Time of Determination Request. A request for determination of similar use may be submitted in conjunction with an application for a ministerial or discretionary permit described in this chapter or at any other time as may be convenient to the applicant.
D. Determination of Similar Use by the Planning Director. Where a request for determination of similar use is submitted, the planning director shall make the determination of similar use. In making this determination, the director shall first make all of the following findings:
1. The characteristics of, and activities associated with, the use are similar in nature to those of one or more of the uses listed in the applicable zoning district as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, emissions, or similar impacts than the uses listed as permitted in the zone; and
2. The use will meet the purpose/intent of the zone that is applied to the location of the use; and
3. The use will be consistent with the goals, objectives, and policies of the general plan and/or any applicable specific plan or planned development permit.
E. Appeal. The determination of similar use by the planning director shall be subject to appeal to the planning commission:
1. The requesting entity for the determination may appeal the decision of the planning director on the request for determination of similar use by filing a written notice of appeal with the planning director within ten days of the director’s written determination.
2. The planning commission may affirm or modify the determination of similar use by the planning director.
F. Applicable Standards and Permit Requirements. When the director determines that an unlisted land use is similar to a listed use in a zone, the unlisted use will be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what other standards and requirements of the zoning code apply. (Ord. 706 § 3 (Exh. A), 2019).