It is not possible to contemplate all of the various uses which will be compatible within a particular zone. 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 zone had they been contemplated, and whether such unlisted uses are compatible with the listed uses. (Ord. 1339, 1993)

A.    Upon application and payment of fees, the determination regarding an unlisted use shall be made by the Commission pursuant to the provisions of CDC 80.050 subject to the limitation set forth in CDC 80.040.

B.    The Planning Director shall maintain a list by zone of approved unlisted uses, and the list shall have the same effect as an amendment to the use provisions of the applicable zone. (Ord. 1339, 1993)

The Commission shall not authorize an unlisted use in a zone if the use is specifically listed in another zone as either a permitted use or a conditional use. (Ord. 1339, 1993)

Approval or denial of an unlisted use application by the Commission shall be based on findings that:

A.    The use is consistent with the Comprehensive Plan;

B.    The use is consistent with the intent and purpose of the applicable zone;

C.    The use is similar to and of the same general type as the uses listed in the zone;

D.    The use has similar intensity, density, and off-site impacts as the uses listed in the zone; and

E.    The use has similar impacts on the community facilities as the listed use. (Ord. 1339, 1993)