17.08.040 Determination of use.
A. Uses permitted other than those specifically mentioned in this title as: (1) uses permitted; (2) uses permitted subject to a director review and approval; or (3) uses permitted subject to the approval of a conditional use permit, in each of the zone districts may be permitted therein subject to the approval of a determination of use.
B. “Determination of use” in this section refers to establishing whether a use that is not included in the applicable zone district use schedule and is not reasonably similar to uses identified within the applicable use schedule can be allowed nonetheless. In such cases, an applicant shall submit an application for determination of use to the planning department for processing, which will be referred to the planning commission for review and approval.
C. The applicant shall submit a completed application form, a completed operational statement, pay a fee as determined by the council, and such information necessary to discern the exact nature and extent of the requested use as may be required by the planning director.
D. The planning department shall schedule the request for determination of use to the next available regular meeting of the planning commission for public hearing.
E. The decision on the determination of use shall provide the applicant with a written explanation, that includes, at a minimum:
1. A definition of the proposed use, which may include edit of or insertion into previously existing definitions; and
2. A classification of the use within the use schedule of the zoning ordinance for all applicable zone districts; and
3. The classification of the use which can be determined to be a prohibited use, a permitted use, a permitted use subject to a director’s review and approval, and/or a permitted use subject to the approval of a conditional use permit; and
4. In all cases where a use is permitted to be established, the planning commission must make the findings that the determination of use is:
a. Consistent with the purpose and intent of the zone district(s) and underlying general plan land use designation(s) as assigned, and
b. Not more detrimental to the public peace, health, safety or welfare of the community than the permitted or conditionally permitted uses specifically mentioned for the respective zone(s), and
c. Similar to and compatible with other uses allowed or conditionally allowed in the designated zone district(s).
F. The determination of use may require:
1. Additional entitlements be approved prior to the establishment of the use; and/or
2. Operational limits to the use; and/or
3. Development requirements to the use as a component of those entitlements.
G. The planning director shall cause a list of such determinations and entitlements to be maintained and shall periodically initiate an amendment to the zoning ordinance to incorporate such changes into the zoning ordinance.
H. Determination of use shall be processed in accordance with public hearing procedures established by Section 17.64.050 and be subject to the findings required by subsection (E)(4) of this section.
I. The decision of the planning commission may be appealed to the city council consistent with Section 17.64.090. (Ord. 5008 § 1, 2020; prior code § 17.52.040)