§ 18.04.040 — Uses Not Classified

A. Use Not Listed is Not Allowed. Since the language used in this Zoning Code is deemed permissive, if a proposed use of land is not specifically listed in Article 2 (Zones, Allowable Uses, and Development Standards), the use shall not be allowed, except as provided in Subsection B., below. B. Director’s Determination. Based on the authority granted in Section 18.04.030 (Procedures for Interpretation), above, the Director may determine that a proposed land use that is not listed in Article 2 (Zones, Allowable Uses, and Development Standards) may be allowed. In making this determination, the Director shall first make all of the following findings: 1. The characteristics of, and activities associated with, the proposed use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity, dust, emissions, noise, odor, parking, traffic generation, or similar impacts than the uses listed in the zone; 2. The proposed use meets the purpose/intent of the zone that is applied to the location of the use; 3. The proposed use will be consistent with the goals, objectives, and policies of the General Plan and/or any applicable community plan; and 4. The proposed use is not specifically listed as allowable in any other zone(s). C. Applicable Standards and Permit Requirements. When the Director determines that a proposed but unlisted use is equivalent to a listed use, the proposed use shall be treated in the same manner as the listed use in determining where the use is allowed, what permits are required, and what development standards and requirements of this Zoning Code apply.