17.54.010 Classification of an Unlisted Use.
A. Purpose. When a specific use is not listed as permitted or conditionally permitted the procedure for determining the permissibility of that use in a particular zoning district and whether that use is compatible with the listed uses is provided in this section.
B. Review procedure/standards. Upon receipt of a request for classification of an unlisted use, the planning director shall provide notice of the request which shall be published in the newspaper. The notice shall:
1. Provide a 14-day period for submission of written comments prior to the decision by the planning director;
2. State that issues which may provide the basis for an appeal to the planning commission shall be raised in writing prior to the expiration of the comment period. Issues shall be raised with sufficient specificity to enable the decision-maker to respond to the issue;
3. List the applicable criteria for the decision;
4. State the place, date, and time that comments are due;
5. State that copies of all documentation submitted by the applicant are available for review, and that copies can be obtained at cost;
6. Include the name and phone number of a staff person to contact for information pertaining to the application.
C. Review criteria. Approval or denial of an unlisted use classification request shall be based on the following findings:
1. The use is consistent with the intent and purpose of the applicable zoning district;
2. The use has similar intensity, density, and off-site impacts as the uses permitted or conditionally permitted in the applicable zoning district; and
3. The use has similar impacts on community facilities and services as the listed uses.
D. Limitation/appeal. The planning director shall not authorize an unlisted use in a zoning district if the use is specifically listed in another zone as either a permitted or conditional use. The decision of the planning director shall be mailed to the applicant and any person who submits comments within the stated review period. The notice of decision shall include an explanation of appeal rights and briefly summarize the decision-making process for the decision being made. The decision of the planning director may be appealed to the planning commission if notice of intent to appeal is received by the planning department within 15 days of the director’s decision. The decision of the planning director shall be entered in a registry to be kept on file in the planning department office. The decision, as noted in the registry, shall include:
1. The street address or understood geographic reference.
2. The date of the decision; and
3. A written summary of the decision made. (Ord. 4522 §2, 1992; Ord. 4128 (part), 1981; Ord. 3380 (part), 1968).