104-1-3 Rules Of Interpretation For Land Use Tables Or Lists Of Uses

(a) General Rule. The Land Use Table for each zone lists all permitted and conditional uses allowed in that zone. The list is complete. Uses not listed are not allowed. (b) Unlisted Uses. Where a proposed use is not listed in the applicable Land Use Table, the Planning Director may determine in writing whether the proposed use is sufficiently similar in character, impact, and intensity to a listed permitted or conditional use to be treated as that use for purposes of this Code. In making this determination the Planning Director shall consider: (1) Whether the proposed use generates traffic, noise, light, odor, or other impacts comparable to the listed use; (2) Whether the proposed use is compatible with the character and intent of the zone; and (3) Whether treating the proposed use as similar to the listed use is consistent with the general plan. A determination under this subsection shall be made in writing within 30 days of a written request and may be appealed to the appeal authority in accordance with Section 102-3. (c) Conditional Uses. A use listed as a conditional use is not permitted by right. It requires approval of a conditional use permit in accordance with the procedures set forth in this Code. (d) Conflict Between Tables. Where a conflict exists between a Land Use Table and the text of this Code, the text shall control. Where a conflict exists between two Land Use Tables, the Planning Director or a person performing an senior planning role as designated by the mayor, with the advice and consent of the council, shall determine which applies and the determination may be appealed in accordance with Section 1023.