§ A. Procedure; criteria.

In the event an applicant wishes to use property for a use which is not specifically identified under inherent uses, or uses allowed with the approval of a special use permit, and where such use is not specifically prohibited from the district, the following provisions shall apply:

(1)

The applicant shall submit to the community development director a written request for a determination of the unclassified use.

(a)

The planning staff shall review the request as submitted and determine if the proposed use is of a similar character to the district in which it is proposed.

(b)

If the planning staff determines that the use is of a similar character and meets the intent of the uses permitted inherently within the district, they shall instruct the county planner to allow said use.

(c)

In the event the planning staff determines the proposed use in the district is consistent with the character and intent of a special use permit within the district, then the applicant shall apply for a special use permit subject to approval in the normal manner.

(2)

If the planning staff is unable to make the determination within 14 days or the applicant chooses to appeal the staff decision, the following procedure shall apply:

(a)

The county planner shall submit to the planning commission and county attorney a written request for a determination of the unclassified use at the next regular scheduled planning commission meeting.

(b)

The planning commission and county attorney shall review the request as submitted and determine if the proposed use is of a similar character to the district in which it is proposed.

(c)

If the planning commission and county attorney determine that the use is of a similar character and meets the intent of the uses permitted inherently within the district, they shall instruct the county planner to allow said use.

(d)

In the event the planning commission and county attorney determine the proposed use in the district is consistent with the character and intent of a special use permit within the district, then the applicant shall apply for a special use permit subject to approval in the normal manner.

(3)

In no event shall the provisions of this article be used to allow an incompatible use or a use specifically prohibited by this ordinance within a certain zoning district.

(4)

Once a use has been allowed or disallowed by the planning commission and or planning staff, it shall then be considered classified under the appropriate category in the district.