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REGULATIONS, CONDITIONS AND EXCEPTIONS
The regulations set forth in this chapter pertaining to the several zones shall be subject to the general provisions, conditions and exceptions contained in this subchapter, Ch. 152, Ch. 16.40, Ch. 16.44, Ch. 16.70, and Ch. 16.110 et seq.
('81 Code, § 17.06.010) (Ord. 704, passed - -78; Am. Ord. 1169, passed 2-5-07)
Where any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance or by private covenants, then the provisions of this chapter shall govern.
('81 Code, § 17.06.020) (Ord. 704, passed - -78)
The express enumeration and authorization in this chapter of a particular class of building, structure, premises or use in a designated zone shall be deemed a prohibition of such building, structure, premises or use in all zones of more restrictive classification, except as otherwise specified.
('81 Code, § 17.06.030) (Ord. 704, passed - -78)
(A) When a use is not specifically listed in the permitted uses section of a zone, it shall be understood that the use may be permitted if it is determined by the Planning Director or designee that the use is similar to other uses listed.
(B) It is further recognized that every conceivable use can not be identified in this code, and anticipating that new uses will evolve over time, this section establishes the Director's authority to compare a proposed use and measure it against those listed in the permitted uses section and the Standard Industrial Classification Manual for determining similarity.
(C) In determining “similarity” the Director shall make all of the following findings:
(1) The proposed use shall meet the intent of, and be consistent with the goals, objectives and policies of the general plan;
(2) The proposed use shall meet the stated purpose and general intent of the district in which the use is proposed to be located;
(3) The proposed use shall not adversely impact the public health, safety and general welfare of the city's resident; and
(4) The proposed use shall share characteristics common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the permitted uses section.
('81 Code, § 17.06.040) (Ord. 704, passed - -78; Am. Ord. 986, passed 5-15-95)
Uses other than those specifically mentioned in this chapter as uses excluded from any zone may be excluded therefrom; provided, such uses are, in the opinion of the City Council, as evidenced by a resolution in writing after a report and recommenda-tion by the Planning Commission, not less obnoxious or detrimental to the welfare of the community than the excluded uses specifically mentioned in any zone.
('81 Code, § 17.06.050) (Ord. 704, passed - -78)
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