20.160.030 Unlisted Use: Authorization of Similar Use.
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A. Purpose. It is not possible to contemplate all of the various uses that will be compatible within a zoning district. Therefore, unintentional omissions occur. The purpose of these provisions is to establish a procedure for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with the listed uses.
B. Process. The planning official shall render an interpretation by means of a Type I permit, as governed by chapter 20.255 VMC, Interpretations.
C. Approval standards. The planning official shall use the following criteria to determine the appropriate category for an unlisted use as follows:
1. Approval or denial of an unlisted use application by the planning official shall be based on findings that:
a. The use is consistent with the intent and purpose of the applicable zoning district;
b. The use is similar to and of the same general type as the typical uses listed in the zoning district;
c. The use has similar intensity, density, and off-site impacts as the typical uses listed in the zoning district; and
d. The use has similar impacts on the community facilities as the typical listed uses. Community facilities include streets, schools, libraries, hospitals, parks, police and fire stations, water, sanitary sewer, and storm drainage systems.
D. Maintaining list. The planning official shall maintain a list by zoning district of approved unlisted uses and the list shall have the same effect as an amendment to the use provisions of the applicable zone. (Ord. M-4034 § 3, 12/03/2012; Ord. M-3643, 01/26/2004)