San Marcos Development Code (effective November 3, 2021)

5 C H A P T E R

Use Regulations

3. A new and unlisted use may be interpreted by the Responsible Official as similar to a listed use if the unlisted use possesses the majority of characteristics of the listed use. Otherwise the unlisted use must be submitted to the Planning and Zoning Commission and City Council as outlined below. If the unlisted use is deemed similar to a listed use by the Responsible Official, no amendment of Section 5.1.1.2 is required. 4. When determining whether a proposed use is similar to a listed use, the Responsible Official will consider the following criteria: a. The actual or projected characteristics of the proposed use; b. The relative amount of site area or floor area and equipment devoted to the proposed use;

Planning and Zoning Commission requesting a recommendation as to the zoning classification into which the use should be placed. The referral shall be accompanied by the statement of facts in Sec. 5.1.1.1D b. The Planning and Zoning Commission shall consider the nature and described performance of the use and its compatibility with the uses permitted in the various districts, and determine the district or districts within which the use is most similar, and should be permitted and if such use shall be permitted by right or by conditional use permit. c. The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification and category proposed for any new or unlisted use. If such recommendation is in response to an appeal, the Commission’s recommendation shall be final. d. The City Council shall approve or disapprove the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. If approved, the new or unlisted use shall be amended in Section 5.1.1.2 according to procedures outlined in Section 2.4.1.1.

c. Relative amounts of sales;

d. The customer type;

e. The relative number of employees;

f.

Hours of operation;

g. Building and site arrangement;

h. Types of vehicles used and their parking requirements;

i.

The number of vehicle trips generated;

j.

Signs;

k. How the proposed use is adver tised;

l. The likely impact on surrounding proper ties; and

m. Whether the activity is likely to be found independent of the other activities on the site. 5. When a new and unlisted use cannot be interpreted by the Responsible Official as similar to an existing use, or a determination of the appropriate district cannot be readily ascer tained by the Responsible Official, the following process shall be utilized.

a. The Responsible Official shall refer the question concerning any new or unlisted use to the

5:3

Amended: November 3, 2021 San Marcos Development Code