[R.O. 2011 §400.550; Ord. No. 01-10 §1(11.02), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A.
Subject
to this Section, when used in connection with a particular use in
the Table of Permissible Uses, the letter "P" means that the use is
permissible in the indicated zone with a zoning permit issued by the
Zoning Administrator. The letter "S" means a special use permit must
be obtained from the Board of Adjustment, the letter "C" means a conditional
use permit must be obtained from the Board of Adjustment and the letters
"NP" mean not permitted.
B.
When
used in connection with residential uses, the designation "C" means
that such developments of less than three (3) dwelling units must
be pursuant to a zoning permit, developments of three (3) or more
but less than ten (10) dwelling units need a special use permit and
developments of ten (10) or more dwelling units require a conditional
use permit.
C.
When
used in connection with non-residential uses, the designation "S"
or "C" means that such developments require a zoning permit if the
lot to be developed is less than one (1) acre in size and a special
or conditional use permit, respectively, if the lot is one (1) acre
or larger in area.
E.
Use
of real property which is not consistent with this Chapter shall be
deemed an ordinance violation and shall be punishable pursuant to
the provisions contained herein.
[R.O. 2011 §400.560; Ord. No. 01-10 §1(11.04), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A.
The
presumption established by this Chapter is that all legitimate uses
of land are permissible within at least one (1) zoning district in
the City's planning jurisdiction. Therefore, because the list of permissible
uses set forth in the Table of Permissible Uses cannot be all inclusive,
those uses that are listed shall be interpreted liberally to include
other uses that have similar impacts to the listed uses.
B.
Notwithstanding Subsection (A), all uses that are not listed in the Table of Permissible Uses, even given the liberal interpretation mandated by Subsection (A), are prohibited. Nor shall the Table of Permissible Uses be interpreted to allow a use in one (1) zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.
C.
Without
limiting the generality of the foregoing provisions, the following
uses are specifically prohibited in all districts:
1.
Any use that involves the manufacture, handling, sale, distribution
or storage of any highly combustible or explosive materials in violation
of the City's Fire Prevention Code.
2.
Stockyards, slaughterhouses, rendering plants.
3.
Use of travel trailer as a temporary or permanent residence. (Situations
that do not comply with this Subdivision on the effective date of
this Chapter are required to conform within one (1) year.)
4.
Use of a motor vehicle parked on a lot as a structure in which, out
of which or from which any goods are sold or stored, any services
are performed or other business is conducted. (Situations that do
not comply with this Subdivision on the effective date of this Chapter
are required to conform within thirty (30) days.)
[R.O. 2011 §400.565; Ord. No. 01-10 §1(11.05), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A.
The
Table of Permissible Uses classifies different principal uses according
to their different impacts. Whenever an activity (which may or may
not be separately listed as a principal use in this table) is conducted
in conjunction with another principal use and the former use:
1.
Constitutes only an incidental or insubstantial part of the total
activity that takes place on a lot, or
2.
Is commonly associated with the principal use and integrally related
to it, then the former use may be regarded as accessory to the principal
use and may be carried on underneath the umbrella of the permit issued
for the principal use.
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For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multi-family development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a special use permit (use classification Section 400.195(A)(5)).
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B.
For purposes of interpreting Subsection (A):
1.
A use may be regarded as incidental or insubstantial if it is incidental
or insubstantial in and of itself or in relation to the principal
use.
2.
To be "commonly associated" with a principal use, it is not necessary
for an accessory use to be connected with such principal use more
times than not, but only that the association of such accessory use
with such principal use takes place with sufficient frequency that
there is common acceptance of their relatedness.
3.
Without limiting the generality of Subsections (A) and (B), the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:
a.
Offices or studios within an enclosed building and used by an occupant
of a residence located on the same lot as such building to carry on
administrative or artistic activities of a commercial nature, so long
as such activities do not fall within the definition of a home occupation.
b.
Hobbies or recreational activities of a non-commercial nature.
c.
The renting out of one (1) or two (2) rooms within a single-family
residence (which one (1) or two (2) rooms do not themselves constitute
a separate dwelling unit) to not more than two (2) persons who are
not part of the family that resides in the single-family dwelling.
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Yard sales or garage sales, so long as such sales are not conducted
on the same lot for more than three (3) days (whether consecutive
or not) during any ninety (90) day period.
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4.
Without limiting the generality of Subsections (A) and (B), the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts.
a.
Storage outside of a substantially enclosed structure of any motor
vehicle that is neither licensed nor operational.
b.
Parking outside a substantially enclosed structure of more than four
(4) motor vehicles between the front building line of the principal
building and the street on any lot used for purposes that fall within
residential zone districts as established by this Chapter.
[R.O. 2011 §400.570; Ord. No. 01-10 §1(11.06), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A.
Notwithstanding
any other provisions of this Chapter, no zoning, special use or conditional
use permit is necessary for the following uses:
1.
Streets.
2.
Electric power, telephone, telegraph, cable television, gas, water
and sewer lines, wires or pipes, together with supporting poles or
structures, located within a public right-of-way.
3.
Neighborhood utility facilities located within a public right-of-way
with the permission of the owner (State or town) of the right-of-way.
[R.O. 2011 §400.575; Ord. No. 01-10 §1(11.07), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A.
A substantial
change in use of property occurs whenever the essential character
or nature of the activity conducted on a lot changes. This occurs
whenever:
1.
The change involves a change from one principal use category to another.
2.
If the original use is a combination use or planned unit development,
the relative proportion of space devoted to the individual principal
uses that comprise the combination use or planned unit development
use changes to such an extent that the parking requirements for the
overall use are altered.
3.
If the original use is a combination use or planned unit development
use, the mixture of types of individual principal uses that comprise
the combination use or planned unit development use changes.
4.
If the original use is a planned residential development, the relative
proportions of different types of dwelling units change.
5.
If there is only one (1) business or enterprise conducted on the
lot (regardless of whether that business or enterprise consists of
one (1) individual principal use or a combination use), that business
or enterprise moves out and a different type of enterprise moves in
(even though the new business or enterprise may be classified under
the same principal use or combination use category as the previous
type of business). For example, if there is only one (1) building
on a lot and a florist shop that is the sole tenant of that building
moves out and is replaced by a clothing store, that constitutes a
change in use even though both tenants are commercial businesses which
fall within a general category of "commercial" land use. However,
if the florist shop were replaced by another florist shop, that would
not constitute a change in use since the type of business or enterprise
would not have changed. Moreover, if the florist shop moved out of
a rented space in a shopping center and was replaced by a clothing
store, that would not constitute a change in use since there is more
than one (1) business on the lot and the essential character of the
activity conducted on that lot (shopping center-combination use) has
not changed.
B.
A mere
change in the status of property from unoccupied to occupied or vice
versa does not constitute a change in use. Whether a change in use
occurs shall be determined by comparing the two (2) active uses of
the property without regard to any intervening period during which
the property may have been unoccupied, unless the property has remained
unoccupied for more than one hundred eighty (180) consecutive days
or has been abandoned.
C.
A mere
change in ownership of business or enterprise or a change in the name
shall not be regarded as a change in use.
[R.O. 2011 §400.580; Ord. No. 01-10 §1(11.08), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A.
When
a combination use comprises two (2) or more principal uses that require
different types of permits (special use or conditional use), then
the permit authorizing the combination use shall be:
1.
A conditional use permit if any of the principal uses combined requires
a conditional use permit. A conditional use permit sets forth conditions
that must be met for the permit to be valid.
2.
A special use permit if any of the principal uses combined requires
a special use permit but does not require a conditional use permit.
3.
The issuance of a conditional use permit or, alternately, a special
use permit does not mean that the applicant has obtained a building
permit. The applicant for a land use development permit must make
certain that they have all the required permits.
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This is indicated in the Table of Permissible Uses by the designation
"C" (conditional use permit) or "S" (special use permit), as the case
may be, in each of the columns.
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B.
When a combination use consists of a single-family detached residential subdivision that is not architecturally integrated (see Section 400.675) and two-family or multi-family uses, the total density permissible on the entire tract shall be determined by having the developer indicate on the plans the portion of the total lot that will be developed for each purpose and calculating the density for each portion as if it were a separate lot.
C.
When a combination use consists of a single-family detached, architecturally integrated subdivision and two-family or multi-family uses, then the total density permissible on the entire tract shall be determined by dividing the area of the tract by the minimum square footage per dwelling unit specified in Section 400.655.
[R.O. 2011 §400.585; Ord. No. 01-10 §1(11.09), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Whenever a development could fall within more than one (1) use
classification in the Table of Permissible Uses,[1] the classification that most closely and most specifically
describes the development controls.
[1]
Editor’s Note: The Table of Permissible Uses is included
as an attachment to this Chapter.
