Except as otherwise provided in this title:
A. No building, structure or premises shall be used or occupied for other than a permitted or conditional use specified for the zoning district in which it is located.
1. If a use is listed as a permitted or conditional use in any zoning district, it is prohibited in all districts where it is not listed.
2. The provisions of subsection A3 of this section may not be applied to recognize a use prohibited in subsection A1 of this section as a permitted or conditional use.
3. If a proposed use is not listed as a permitted or conditional use in a zone, the Planning Manager may determine if the proposed use is substantially similar to, and has no more impact than, a listed use based on an affirmative finding of all the following factors:
a. The proposed use is consistent with the General Plan, the applicable neighborhood plan and the zoning district purposes;
b. The proposed use has substantially similar impacts as a listed use on the neighborhood, such as traffic, noise, lighting, hours of operation, protection of adjacent properties from negative impacts or similar considerations; and
c. The proposed use has substantially the same characteristics as a listed use, including characteristics involving building and site arrangement, outdoor usage of lot, site area or floor space, equipment devoted to the activity, customer type, number of employees in each activity, hours of operation, vehicles used and parking requirements, number of vehicle trips generated, signs, and how the use is advertised.
4. If the Planning Manager determines that a proposed unlisted use meets all of the factors in subsection A3 of this section, the unlisted use shall be treated in the same manner as the listed use, including any regulations governing the listed use.
5. If the Planning Manager determines that a proposed unlisted use does not meet all of the factors in subsection A3 of this section, the proposed use is not allowed unless a text amendment establishing a specific listing for the use in question is adopted by the City Council.
B. No building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the use and the zoning district in which it is located.
C. No building or structure shall be erected, altered or used so as to produce greater heights, smaller yards, greater lot coverage, or less open green space or other unoccupied area, than specified for the use and the zoning district in which it is located.
D. No yard or other open spaces provided about any building for the purpose of complying with the provisions of the ordinances codified in this title shall be used as a yard or open space for another building.
E. The application of the provisions of this section satisfy the City's obligation under State law to interpret and apply City land use regulations to favor a land use application that is not plainly restricted.
(Ord. 2017-36, 8-22-2017)