3.030 Allowable Land Uses and Planning Permit Requirements.
A. Allowable land uses. The uses of land allowed by this Zoning Ordinance in each zone are listed in tables of allowable land uses in Chapters 4 and 6 together with the type of planning permit required for each use. Each land use listed in the tables is defined in the Glossary.
B. Establishment of an allowable use.
1. Any one or more land uses identified by the tables in Chapter 4 as being allowable within a specific zone may be established on any lot within the zone, subject to the planning permit requirements of Subsection B, and compliance with all applicable requirements of this Zoning Ordinance.
2. Where a single lot is proposed to be simultaneously occupied by two or more land uses listed in the tables, the overall project shall be subject to the highest permit level required by Subsection B for any individual use. For example, a site proposed for development or occupancy with a use that is listed as permitted, and also a use that is listed as requiring a Conditional Use Permit shall require Conditional Use Permit approval for all development and uses.
C. Use not listed.
1. A land use that is not listed in the tables in Chapter 4 and is determined by the Director to not be included in the Zoning Ordinance Glossary under the definition of a listed land use, is not allowed within the City, except as otherwise provided Subsection A.3.
2. A land use that is listed in the tables, but not within a particular zone, is not allowed within that zone, except as otherwise provided in Subsection A.3.
3. Similar and compatible use may be allowed. The Director may determine that a proposed use not listed in this Chapter is allowable in one or more specific zones as follows:
D. Required findings. The Director may determine that a proposed use is similar to and compatible with a listed use and may be allowed, after first making all of the following findings with the determination that:
1. The characteristics of, and activities associated with the use are similar to one or more of the listed uses, and will not involve a greater intensity than the uses listed in the zone;
2. The use is consistent with the purposes of the applicable zone;
3. The use is consistent with the General Plan, and any applicable specific plan;
4. The use will be compatible with the other uses allowed in the zone; and
5. The use is not listed as allowed in another zone.
E. Applicable standards and permit requirements. When the Director determines that a proposed, but unlisted, use is similar and compatible to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this Zoning Ordinance apply.
F. Referral for determination. The Director may refer the question of whether a proposed use qualifies as a similar and compatible use directly to the Commission for a determination at a public meeting.
G. Appeal. A determination of similar and compatible use may be appealed in compliance with Section 24.090 (Appeals).
H. Permit requirements. The tables listing allowable land uses in Chapter 4 provide for land uses that are:
1. Permitted subject to compliance with all applicable provisions of this Zoning Ordinance. These are shown as "P" uses in the tables;
2. Allowed subject to the approval of a Conditional Use Permit (Section 24.060), and shown as "CUP" uses in the tables;
3. Allowed subject to the type of City approval required by a specific provision of Chapter 7 (Standards for Specific Land Uses), and shown as "S" uses in the tables; and
4. Not allowed in particular zones, and shown as " — " in the tables.
Note: A permitted land use, or a use authorized through the approval of a Conditional Use Permit may also require Site Plan and Architectural Review (Section 24.050), a Building Permit, and/or other permit required by the Municipal Code. (Ord. 2811 § 4, 2022.)