Skip to main content
Loading…
This section is included in your selections.

(a) When a proposed use is found that is not classified within any of the categories of Chapter 10.28, Table 10.28A, the administrative official may determine whether or not the unclassified use is similar to a use currently listed as a Class 1, II or III use for the zoning district.

(b) Similar use requests shall be initiated by written application and accompanying fee, or directly by the administrative official. Each request shall set forth the specific basis for the request and its compliance with subsection (d) below. The administrative official may submit the similar use request to the planning commission, hearing examiner or any interested, affected or concerned agency(s) or person(s) for review and comment before making a determination. In addition, the administrative official may schedule the planning commission or hearing examiner to conduct a public hearing to consider the similar use request.

(c) The administrative official shall not approve a similar use determination request unless evidence is presented to demonstrate that the proposed use will comply with the purpose, intent, goals, objectives and policies of the comprehensive plan and the zoning district in which it is proposed to be located. The administrative official shall prepare written findings stating the rational upon which the determination was based.

(d) If the administrative official finds that the proposed use is similar, he shall also establish whether the proposed use shall be processed as a Class 2 or a Class 3 use according to Chapter 10.28, Table 10.28A. If a proposed use is not determined to be a similar use it shall not be considered an allowable use. Similar use determinations may be appealed to the legislative authority as provided in Chapter 10.48 and S.M.C. Title 21. (Ord. 1634, § 102, 2004.)