18.31.130 Permitted land use determination process.
(1) A use determination process shall be applied to any proposed use that does not clearly fit within the permitted use table in CMC 18.31.120(3) or contains multiple uses, e.g., retail and light manufacturing, processing or assembling, or an accessory use that is more than 25 percent of the floor area of the primary use. This process is not intended to circumvent applying for a zoning code amendment to add a new permitted use.
(2) If the Director determines that a use determination process is required, the request for a use determination shall be submitted and a decision issued prior to submittal of the underlying land use application.
(3) If a land use application has been submitted, the Director shall issue a land use determination prior to the issuance of application completeness in accordance with CMC 14.35.030.
(4) The Director shall require information describing the use or uses on the site, their location, and operational characteristics. The Director may approve, deny, or approve with conditions a land use determination within any downtown zone based on the following criteria:
(a) The primary use is determined by the Director to be reasonably similar and related to one of the permitted use categories in a downtown zone.
(b) The use is consistent with the zone’s purpose statement and the comprehensive plan policies.
(c) The use does not have noxious impacts (excessive noise, odor, vibration, dust, etc.) on other nearby properties and uses.
(e) The use will not result in significant transportation impacts that would not be mitigated by the required development standards.
(5) Applications for a land use determination shall be subject to review and approval procedures for a Type 2 land use decision process and shall be subject to fees as set forth in the current fee resolution. (Ord. 08-21 § 3 (Exh. B))