A. Uses not Classified Are not Allowed; Exceptions.
For any use not specifically listed or described in this Zoning Code, that use shall not be allowed, except as may provided in paragraph B.
B. Director’s Determination.
1. The Director shall have the authority to make an administrative determination as to whether a specific use is substantially similar to one of the listed uses in Article 2 (Zones, Allowable Land Uses, and Development and Design Standards). The Director may at his or her discretion refer the determination to the Commission.
2. In making a determination that a proposed use is or is not similar to those listed, the Director or Commission shall consider:
a. Whether the characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, or noise than the uses listed in the zone;
b. The purposes of the applicable zone and/or specific plan; and
c. The goals and policies of the General Plan.
3. The Decision of the Director or Commission is appealable to the Council pursuant to the provisions of Chapter 10.114 (Appeals). All such final determinations shall be recorded in writing to include a finding that the proposed use is substantially similar to uses permitted in the proposed zone and consistent with the intent of the applicable zone. (Ord. 935 § 3 (part), 2015)