17.30.020 Unclassified uses.
(1) Unclassified Uses. In the event that a proposed use is not listed in the permitted use table or there is ambiguity as to if a proposed use meets the definition of a use defined by the Stanwood Municipal Code, an applicant may request an interpretation of the zoning code by the hearing examiner to determine if a proposed use not specifically listed is either allowed, allowed as an accessory use, allowed as a conditional use or prohibited, utilizing the criteria in subsection (2) of this section.
(2) Criteria for Unclassified Uses. In order to make a determination that an unclassified use is permitted, conditionally permitted, or accessory, the hearing examiner must find that the use is:
(a) In keeping with the purpose and intent of the zoning district as described in the Stanwood Comprehensive Plan.
(b) Compatible with other permitted, accessory or conditional uses in the zoning district including, but not limited to, being similar in nature to and no more intense than a specifically listed permitted, conditional or accessory use.
(c) Compatible in an alternative zoning district that is more appropriate for the proposed use. Evaluation should include, but not be limited to, traffic, access, noise, odor, smoke, vibrations, parking, outdoor storage, and adjacent use or zoning buffers.
(3) Unclassified use requests shall be processed as a Type P-III permit subject to a public hearing before the hearing examiner. After considering staff comments and taking public testimony on the proposed use, the hearing examiner shall determine if the use is allowed, allowed as an accessory use, allowed as a conditional use or prohibited within the requested zone or any other appropriate zoning district. The hearing examiner may also require special conditions be applied to the use to ensure compatibility with the intent of the zoning district.
(4) Appeals of a decision issued by the hearing examiner on an unclassified use request shall follow the appeal process for Type P-III permits.
(5) Upon the decision of the hearing examiner, or the conclusion of any associated appeals, the interpretation made by the hearing examiner shall be documented and posted on the city’s website. Updates to this title, when consistent with the title format and level of detail, shall incorporate “unclassified use” interpretations upon adoption of a zoning code amendment by the city council. (Ord. 1499 § 2 (Exh. B), 2021).