Skip to code content (skip section selection)
(1) Establishment of an Allowed Use.
(A) Any one or more land uses identified by the land use tables in Chapters 82.03 through 82.22 as being allowed within a specific land use zoning district may be established on any parcel within that land use zoning district, subject to the planning permit requirements of Subdivision (c), and compliance with all applicable requirements of this Development Code.
(B) Where a single parcel is proposed for development with two or more allowed land uses, the overall project shall be subject to the highest permit level required by Subdivision (c) for any individual use.
(2) Use Not Listed.
(A) A use not listed in any land use table in Chapters 82.03 through 82.22, and determined by the Director to not be included in Division 10 (Definitions) under the definition of a listed land use, is not allowed except as otherwise provided in § 82.02.040 (Exemptions from Planning Permit Requirements).
(B) A use that is not listed in a land use table within a particular land use zoning district is not allowed within that district, except as otherwise provided § 82.02.040.
(3) Similar and Compatible Use May Be Allowed. The Director may determine that a proposed land use not listed in any land use table or Division 10 (Definitions) is allowed as follows:
(A) Required Findings. The Director may determine that a proposed use is similar to, and compatible with a listed use and may be allowed, only after first making all of the following findings with the determination:
(I) The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve a greater intensity than the uses listed in the district;
(II) The use will be consistent with the purposes of the applicable land use zoning district;
(III) The use will be consistent with the General Plan, and any applicable specific plan;
(IV) The use will be compatible with the other uses allowed in the land use zoning district; and
(V) The use is not listed as allowed in another land use zoning district.
(B) Findings in Writing. A determination that a use qualifies as a similar and compatible use, and the findings supporting the determination, shall be in writing.
(C) Applicable Standards and Permit Requirements. When the Director determines that a proposed, but unlisted, use is similar and compatible to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Development Code apply.
(D) Referral for Determination. The Director may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the Commission for a determination at a public meeting.
(E) Appeal. A determination of similar and compatible use may be appealed in compliance with Chapter 86.08 (Appeals).
(1) “A” Uses. Allowed without any land use review but may be subject to Building Permits. These uses are shown as “A” uses in the tables;
(2) “P” Uses. Allowed subject to compliance with all applicable provisions of this Development Code, subject to first obtaining a Site Plan Permits (Chapter 85.08). These are shown as “P” uses in the tables;
(3) “M/C” Uses. Allowed subject to the approval of a Minor Use Permit issued in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit), unless the use does not qualify for a Minor Use Permit in compliance with § 85.06.050 (Projects That Do Not Qualify for a Minor Use Permit) in which case the use shall require a Conditional Use Permit. These uses are shown as “M/C” uses in the tables;
(4) “CUP” Uses. Allowed subject to approval of a Conditional Use Permit (Chapter 85.06), and shown as “CUP” uses in the tables.
(5) “MUP” Uses. Allowed subject to approval of a Minor Use Permit (Chapter 85.06), and shown as “MUP” uses in the tables.
(6) “PD” Uses. Allowed subject to the approval of a Planned Development Permit (Chapter 85.10), and shown as “PD” uses in the tables;
(7) “SUP” Uses. Allowed subject to the approval of a Special Use Permits (Chapter 85.14), and shown as “SUP” uses in the tables;
(8) “S” Uses. Allowed subject to the type of County approval required by a specific provision of Division 4 (Standards for Specific Land Uses and Activities), and shown as “S” uses in the tables;
(9) “TSP” Uses. Allowed subject to the provisions in Chapter 85.16 (Temporary Special Events Permits), and shown as “TSP” in the tables;
(11) “—“ Uses. Not allowed in particular land use zoning districts, and shown as “—“ in the tables.
(c) Additional Permit Requirements. A land use authorized through the approval of a Site Plan Permit, Minor Use Permit, Conditional Use Permit, Planned Development Permit, or other permit required by this Division may also require a Building Permit and/or other permit required by the County Code.
(Ord. 4011, passed - -2007)