Chapter 22.20
LAND USE ZONES
Sections:
22.20.100 Determination of comparable uses.
22.20.010 Purpose.
Land use zones are established to provide for the compatible grouping of similar and interrelated land uses and for applying uniform regulations to properties similarly situated within each zoning classification. (Ord. 413 § 1 (part), 1972)
22.20.020 Applicability.
Land use zone regulations apply to property as shown by zone symbols on the development map as provided under Section 22.01.030, and shall apply to property within the boundaries of development areas to the extent provided for in adopted area development plans. (Ord. 413 § 1 (part), 1972)
22.20.030 Zone regulations.
Chapters 22.21 to 22.39 of this title shall set forth the land use zone regulations applicable to all property within each zone and to properties within the boundaries of development areas to the extent provided for in adopted area development plans. (Ord. 517 § 3, 1976: Ord. 413 § 1 (part), 1972)
22.20.100 Determination of comparable uses.
(1) Procedure. The planning commission or city council may initiate action or a request may be filed with the director of community development by an interested party to determine whether a use is comparable to permitted uses, permitted accessory uses, or conditional uses provided for within a land use zone or area development plan. The request shall contain information and material to demonstrate the comparability of the proposed use. A public hearing shall be held by the planning commission and notice thereof shall be given by newspaper. The planning commission shall make a determination upon the request. The action of the planning commission shall be by resolution, which resolution shall contain findings consistent with the criteria hereinafter set forth. A copy of said resolution shall be submitted to the city council. The action of the planning commission shall be final in the absence of subsequent appellate action pursuant to the provisions of Section 20.95.400.
(2) Criteria. The comparability of a proposed use shall be determined on the basis of:
(a) The compatibility, comparability and similarity of the proposed use with permitted uses, accessory uses, or conditional uses specified for the applicable land use zone or area development plan;
(b) Consistency with the purposes and intent of the general plan and the applicable land use zone or area development plan;
(c) The differences in permitted uses, accessory uses, conditional uses and prohibited uses between the applicable land use zone or area development plan and other land use zones or area development plans.
In the case of conditional uses, appropriate criteria and limitations applicable to such uses shall be included in the determination.
(3) Comparable Use List. The director of community development shall compile and maintain a list of all uses determined to be comparable in accordance with this section, along with the zones in which permitted and the criteria and limitations applicable to each such use. (Ord. 770 § 1 (part), 1996; Ord. 413 § 1 (part), 1972)
22.20.450 Temporary uses.
Any uses of a temporary nature and not involving construction of substantial or permanent improvements may be permitted at any location within the city for a period not to exceed six months if approved by the city manager. An approval for extension of a temporary use shall be reviewed by the city council. The city manager shall submit a written memorandum indicating his action on the proposed temporary use to the city council. The determination of the city manager shall be final in the absence of subsequent appellate action by the city council pursuant to the provisions of Section 20.95.400. The city manager may conduct a public hearing relative to a proposed temporary use if he determines that said hearing may provide information useful in determining the compatibility of a proposed temporary use with adjacent uses and/or uses in the vicinity. Notification of such public hearing shall be given to property owners and residents adjacent to or in the vicinity of the proposed use as deemed appropriate by the city manager. Any approval of a temporary use shall be in writing and shall include:
(1) A finding that the use will not be detrimental to the community and to property in the vicinity;
(2) Such conditions as are deemed necessary to effectuate the purposes of this code which may include the posting of a bond, in an amount determined by the approving authority, to guarantee the restoration of the property to its original or otherwise satisfactory condition;
(3) A specific time limit for removal of the temporary use and the restoration of the property involved to its former or otherwise satisfactory condition. (Ord. 413 § 1 (part), 1972)