§ 9-1-42. Permitted uses.

(a)

Development permits required. Table 4.1 in this section specifies whether a use or structure is permitted within a zoning district. In most cases, development to establish a land use requires approval of a site development permit and/or other permits as set forth in subarticle 11.

(b)

Uses not listed in table. Land uses which are not listed in Table 4.1 are not permitted unless the community development director or the planning commission determines that such use is consistent with one of the permitted use categories listed (e.g. principal use, conditional use, etc.) in accordance with section 9-1-23.

(c)

Table of permitted uses. Table 4.1, "Permitted nonresidential uses", following, specifies those uses and structures which are permitted within each nonresidential district. If a use or structure is not listed as permitted, it is prohibited unless specifically determined to be permitted in accordance with section 9-1-23. All uses listed shall be conducted within a completely enclosed building unless specifically provided otherwise in this subarticle. The letters in the columns beneath the district designations mean the following:

(1)

"P" The use is permitted as a principal use within the district.

(2)

"A" The use is permitted only if accessory to the principal use on the site.

(3)

"U" The use is permitted as a principal or accessory use if a use permit is approved.

(4)

"M" The use is permitted as a principal or accessory use if a minor use permit is approved.

(5)

"T" The use is permitted on a temporary basis if a temporary use permit is approved.

(6)

"X" The use is prohibited in the district.

(Ord. No. 99-107, § 5, 2-2-99)

TABLE 4.1: PERMITTED NONRESIDENTIAL USES

P= Permitted use T= Temporary use permit A= Accessory use M= Minor use permit U= Use permit X= Prohibited use							DISTRICT
LAND USE							CN Neighborhood Comrcl.	CC Community Comrcl.	CO Office Comrcl.	BP Business Park	PI Public Institutional
Retail stores , under 30,000 sq/ft floor area							P	P	X	U	X
RETAIL USES
Retail stores , 30,000—60,000 sq/ft floor area							U	P	X	U	X
Retail stores , over 60,000 sq/ft floor area							X	U	X	U	X
Such as supermarkets, warehouse stores, discount stores, stores selling apparel, furniture, appliances, hardware, building materials (except lumber yards), and similar stores selling merchandise to the general public.
Convenience stores open less than 18 hours/day							U	P	X	X	X
Convenience stores open 18 or more hours/day							U	U	X	X	X
Defined as retail stores under 10,000 sq/ft selling primarily food, beer, wine, and beverage items for off-site consumption, but not distilled spirits.
Liquor stores —With no consumption of alcohol on the premises							U	U	X	X	X
Defined as retail stores selling primarily beer, wine, distilled spirits, and other beverages, plus some food items, all for off-site consumption only.
Plant nurseries and garden supply stores, subject to section 9-1-45.11 (Permanent outdoor display and storage)							X	P	X	X	X
Showroom—Catalog stores, without substantial onsite inventory							P	P	X	P	X
Outdoor vending stands (such as flower stands, hotdog stands, etc.) as a principal use, subject to section 9-1-45.10 (Outdoor vendors)							U	U	U	X	X
GENERAL SERVICES
Barber shops, beauty, nail and tanning salons and similar uses							M	M	M	M	X
Miscellaneous services such as travel services, photo developing, videotape rentals, shoe repair, appliance repair, and similar uses							P	P	P	P	X
Laundromats and dry cleaners — except central cleaning plants							P	P	P	P	X
Printing, blueprinting and copy services							M	P	P	P	X
Pet grooming—Without overnight boarding							M	M	X	M	X
Telecommuting centers							M	M	M	M	X
Tutorial services and learning centers							M	M	M	M	X
OFFICE USES AND HEALTH SERVICES
Banks							P	P	P	P	X
General and professional offices							P	P	P	P	X
Employment agencies							P	P	P	P	X
Medical and other practitioner offices , clinics, and surgicenters under 5,000 sq/ft aggregate floor area in one building							P	P	P	U	X
Medical and other practitioner offices clinics, and surgicenters 5000 sq/ft or more aggregate floor area in one building							U	M	M	U	X
Offices for physicians, dentists, optometrists, chiropractors, physical therapists, and similar professionals.
Hospitals and convalescent hospitals							X	U	U	X	U
Veterinary clinics/animal hospitals, without pet boarding							M	M	M	M	X
Veterinary clinics/animal hospitals, with pet boarding (indoor only)							X	U	U	U	X
DINING, DRINKING, AND ENTERTAINMENT USES
Restaurants (Category I and II as described in section 9-1-66)							M	M	M	M	X
Restaurants, drive-in or fast food							U	U	U	X	X
Restaurants: retail food sales with ancillary seating							M	M	M	M	X
Bars, taverns, and cocktail lounges							U	U	U	U	X
Dancing or live entertainment as a principal use							X	U	X	U	X
Dancing or live entertainment as an accessory use							M	M	M	M	X
Theaters, live or motion picture							X	U	X	X	X
RECREATION USES
Bowling alleys and pool or billiard halls as a principal use							X	U	X	X	X
Pool or billiard tables as an accessory use (three tables or less)							A	A	A	A	A
Game machine arcades as a principal use							X	U	X	X	X
Game machines as an accessory use (three machines or less)							A	A	A	A	A
Game machines as an accessory use (four machines or more)							M	M	X	X	X
Tennis clubs, golf courses, and similar recreational uses with both indoor and outdoor facilities, lighted or unlighted (see also PR regulations, subarticle 5)							X	U	X	X	X
Outdoor commercial recreation centers and uses, including such facilities as miniature golf, go-karts, batting cages, kiddie rides, rock climbing, and similar attractions, lighted or unlighted							X	U	X	X	X
Outdoor commercial roller hockey, skateboard, and "stunt" bike facilities, lighted or unlighted							X	U	X	X	X
Indoor commercial recreation centers and uses, roller hockey, and other facilities; with same types of facilities as "Outdoor" above							X	U	X	U	X
Health clubs, martial arts studios, and dance studios, under 5000 sq/ft floor area							M	M	M	M	A
Health clubs, martial arts studios, and dance studios, over 5000 sq/ft floor area							U	U	U	U	X
Private swim schools							X	X	U	U	U
Libraries and museums							U	P	P	U	P
Public parks, playfields, and open space; lighted or unlighted							P	P	P	P	P
Bicycle, equestrian and hiking trails							P	P	P	P	P
Indoor pistol or rifle ranges							X	X	X	U	X
ASSEMBLY USES
Lodges, union halls, social clubs and senior citizen centers							U	U	X	U	P
Churches, temples and other places of worship							U	U	X	U	P
Mortuaries and funeral homes							X	U	X	U	X
PUBLIC AND SEMI-PUBLIC USES
Fire stations							P	P	P	P	P
Government offices and police stations							P	P	P	P	P
Public utility facilities							P	P	P	P	P
Public flood control facilities and devices							P	P	P	P	P
Colleges and universities, including primary and satellite campuses and classrooms							X	U	U	U	U
Vocational schools, e.g. barber, beauty and similar							X	U	U	U	U
Private elementary, intermediate and high schools							U	U	X	U	U
Train, bus and taxi stations							X	U	U	U	U
Helicopter pads							X	X	U	U	U
Public schools							X	X	X	X	P
Public or private kennels and animal shelters (with indoor or outdoor pet boarding)							X	X	X	U	U
RESIDENTIAL, LODGING, AND CHILD CARE USES
Child day care facilities, centers and preschools as a principal use, subject to section 9-1-45.24							U	U	U	U	U
Managed care facilities. Property must be in the MC overlay district per section 9-1-54.2							U	U	X	X	U
Boarding houses, small (2 or fewer tenants/rented rooms)							X	X	X	X	X
Boarding houses, large (3 or more tenants or rented rooms)							X	X	X	X	U
Group homes, 6 or fewer persons (excluding house manager)							X	X	X	X	X
Group homes, 7 or more persons (excluding house manager)							X	X	X	X	U
Referral Facilities							X	X	X	X	U
Single room occupancy (SRO) hotels, subject to section 9-45.25							X	X	X	X	U
Emergency shelters							P	P	P	P	P
Transitional shelters							X	X	X	X	U
Hotels and motels							X	U	U	U	X
Caretaker residences							M	M	M	M	M
AUTOMOTIVE USES (subject to section 9-1-45.11, Permanent outdoor display and storage)
Gas and service stations							X	U	X	U	X
Car washes							X	U	X	U	X
Auto body repair and painting; major engine and transmission repair							X	X	X	X	X
Auto repair specialty shops as a principal use: Providing minor auto maintenance: tire sales/service, muffler, brake, lube and tune-up services—Not including major engine or drivetrain repair							X	X	X	X	X
Auto repair specialty shops same as above, but as an accessory use, subordinate to a principal use such as a discount store, warehouse store, or other permitted principal use							X	A	X	X	X
Auto and motorcycle sales and rentals, new							X	U	X	U	X
Auto and motorcycle sales and rentals, used							X	X	X	U	X
Truck, recreation vehicle, and boat sales							X	X	X	U	X
Truck and/or equipment rentals							X	X	X	X	X
Auto parts stores							X	P	X	X	X
Auto or truck storage yards, not including dismantling							X	X	X	X	X
Parking lots/garages as a principal use, subject to subarticle 6 (Parking)							X	U	U	U	U
WAREHOUSING AND HEAVY COMMERCIAL USES (subject to section 9-1-45.11, Permanent outdoor display and storage)
Wholesaling/distribution centers, with no sales to consumers							X	X	X	P	X
General warehouses, with no sales to consumers							X	X	X	P	X
Mini-storage warehouses							X	X	X	X	X
Lumber yards, outdoor (see retail stores for indoor lumber sales)							X	X	X	X	X
Pest control services							X	X	X	M	X
Plumbing repair shops							X	X	X	M	X
Contractor, public utility and similar equipment/storage yards							X	X	X	U	U
Central cleaning or laundry plants							X	U	X	U	X
Communication or relay facilities and/or antennas as a principal use, subject to section 9-1-45.6. Such facilities shall be considered a principal use if not associated with and incidental to another principal use on the premises							U	U	U	U	U
INDUSTRIAL AND RESEARCH USES
Manufacture and assembly of components or finished products from materials such as cloth, fiber, fur, glass, leather, stone, paper (except milling), plastics, metal, and wood							X	X	X	P	X
Research and development							X	U	U	P	X
Recording studios							X	P	P	P	X
Bottling plants							X	X	X	X	X
Welding, machine and metal plating shops							X	X	X	X	X
Sign painting, except sandblasting							X	X	X	P	X
Sign manufacturing, including sandblasting							X	X	X	M	X
Recycling centers as a principal use, collection and sorting only, subject to section 9-1-45.19							X	X	X	U	X
Offsite hazardous waste facilities, subject to section 9-1-45.22.							X	X	X	U	X
ACCESSORY USES AND STRUCTURES
Outdoor display and sale of merchandise, subject to section 9-1-45.11.							M	M	X	X	X
Outdoor vending stands (such as flower stands, hotdog stands, etc.) as an accessory use							M	M	M	M	M
Game machines as an accessory use							See Recreation Uses
Swimming pools as an accessory use							X	M	M	M	M
Dancing or live entertainment as an accessory use							See Dining, Drinking and Entertainment Uses				X
Parking lots and facilities as an accessory use							A	A	A	A	A
Signs, subject to subarticle 7							A	A	A	A	A
Fences and walls, subject to section 9-1-45.2.							A	A	A	A	A
Antennas and satellite dishes, subject to section 9-1-45.6.							A	A	A	A	A
Outdoor vending machines subject to section 9-1-45.18.							M	M	M	M	M
Recycling dropoff bins, subject to section 9-1-45.19.							M	M	M	A	A
Incidental products or services for employees or businesses, such as child day care, cafeterias, and business support uses							A	A	A	A	A
Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district.							A	A	A	A	A
TEMPORARY USES
Christmas tree sales, subject to section 9-1-45.7.							T	T	X	T	T
Halloween pumpkin sales, subject to section 9-1-45.8							T	T	X	T	T
Stands selling fresh produce in season, subject to section 9-1-45.9							T	T	X	T	X
Sidewalk sales and center-wide events, subject to section 9-1-45.12							T	T	T	T	X
Special outdoor events, subject to section 9-1-45.13.							T	T	T	T	T
Construction trailers and guard offices, subject to section 9-1-45.16							T	T	T	T	T
Use of relocatable building, subject to section 9-1-45.17.							T	T	T	T	T
OTHER USES
Fortune telling and palmistry							X	X	X	X	X
Adult-oriented businesses							See subarticle 5 (Special Purpose Regulations)
Other principal, accessory or temporary uses not listed above.							Director or planning commission to determine whether use is permitted in accordance with section 9-1-23.
Marijuana activities, including dispensing, cultivation and delivery							X	X	X	X	X
Any use prohibited by Federal and/or Sate law							X	X	X	X	X

 

(Ord. No. 99-107, § 5, 2-2-99; Ord. No. 2011-163, § 3, 5-3-11; Ord. No. 2016-184, § 2, 10-4-16; Ord. No. 2018-194, § 2, 6-5-18)