A. Purpose and Applicability. All possible uses may not be listed within the provisions of this title, and new uses may evolve over time. When a particular use is not specifically listed in this Zoning Code and it is unclear whether the use is permitted, the provisions established in this chapter allow the approving authority, by formal action, to determine whether or not a proposed use is similar to a permitted or conditionally permitted use and whether such proposed use may be permitted in a particular zoning district.
B. Approving Authority. The Community Development Director shall be the designated approving authority for similar use determinations.
C. Application Contents. The application for a similar use determination shall be on a form prepared as prescribed by the Community Development Director.
D. Public Hearing/Notice. Public hearing is not required for a similar use determination.
E. Approval Findings. In determining “substantial similarity,” the approving authority shall make all of the following findings:
1. The characteristics of and activities associated with the proposed use are equivalent to one (1) or more of the listed uses and will not involve a higher level of activity or population density than the uses listed in the zoning district;
2. The proposed use will be consistent with the purposes of the applicable zoning district; and
3. The proposed use will be consistent with the general plan, any applicable specific plan, and the zoning code.
F. Notification of Determinations. Determinations shall be made in writing and shall contain the facts that support the determination. The city shall maintain all such determinations on record for review by the general public upon request. The decision shall be provided, in writing, to the applicant and interested parties. The notice shall include:
1. A brief statement explaining the criteria and standards considered relevant to the decision;
2. A statement of the standards and facts relied upon in rendering the decision; and
3. Statement of appeal rights and appeal deadlines.
G. Appeals. Any appeal of the decision for a similar use determination shall be pursuant to Section 17.10.070 (Appeals).
H. Expiration. All approved similar use determinations are subject to the provisions set forth in Section 17.10.100 (Revocation Permit Time Limits, Extensions, and Expirations). (Ord. 2010-02 § 1 (part), 2010)