Land and buildings in each of the zoning districts may be used for any of the listed uses but no land shall hereafter be used, and no building or structure shall hereafter be erected, altered or converted which is arranged or designed or used for other than those uses specified as permitted uses in the district in which it is located according to the following use schedule and in accordance with the provisions of the following sections of this ordinance.

LEGEND

Designates use permitted in district indicated.

Designates use prohibited in district indicated.

Indicates use may be approved as Conditional Use Permit; see 10-400

Indicates use is prohibited along following Streets: General Business Zoning District, W. Wheeler Avenue, North and South Commercial Street, State Highway 361, State Highway Business 35, and State Highway Bypass 35, County Road 1069, North and South Avenue A, West Cleveland Boulevard, and Harrison Boulevard. On all other streets, in districts
     designated with "A", the use shall be permitted.

Note: For definitions and explanations of uses followed by numbers in parenthesis see Section 10-300

(Ord. No. 2024-4460, § 2(Exh. A), 8-19-2024)

The following definitions and explanatory notes supplement, restrict and define the meaning and intent of the use regulations as noted in 10-200, Schedule of Uses.

PRIMARY RESIDENTIAL TYPE USES

(1)

One-family dwelling (detached): A detached building having a single dwelling unit and occupied by not more than one family.

(2)

One-family dwelling (attached): A detached unit on a separately owned lot which is joined to another dwelling unit on one or more sides by a party wall or abutting separate walls and occupied by not more than one (1) family.

(3)

Two-family dwelling: A detached building having two (2) dwelling unites and occupied by not more than two (2) families.

(4)

Multiple-family dwelling: Any building or portion thereof, which is designed, built, rented, leased or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or residence of three (3) or more families.

(5)

Boarding and rooming house: A building, other than a hotel or multiple-family dwelling, where lodging is provided for one (1) to ten (10) persons for compensation, where meals may or may not be served and where facilities for food preparation are not provided in individual rooms. Where meals are served, they shall be served only to the residents of the boardinghouse.

(6.0)

Manufactured home park: Any lot, tract or parcel of land upon which accommodation is provided for two (2) or more manufactured homes used as dwelling units whether a charge is or is not made. A manufactured home park is a unified development of manufactured home sites provided for long-term dwelling use. For the purposes of this definition, a "manufactured home site" is that part of a lot or area in a manufactured home park that has been reserved for the placement of one (1) manufactured home.

(6.1)

Recreational vehicle (RV) park: Any lot, tract or parcel of land upon which accommodation is provided for two (2) or more recreational vehicles used as living or sleeping quarters by the day, week, or month whether a charge is or is not made. A recreational vehicle park is unified development of recreational vehicle sites provided for recreational vehicle use with community facilities and permitted permanent buildings. For the purposes of this definition, a "recreational vehicle site" is that part of a lot or area in a recreational vehicle park or RV park that has been reserved for the placement of one (1) recreational vehicle or RV.

(6.2)

Manufactured home subdivision: The division of any lot, tract, or parcel of land into two (2) or more parts, lots or sites, for the purpose, whether immediate or future, of sale or division of ownership, where each lot is developed with the necessary improvements to accommodate a manufactured home as a dwelling.

(6.3)

Recreational vehicle (RV) subdivision: The division of any lot, tract or parcel of land into two (2) or more parts, lots or sites, for the purpose, whether immediate or future, of sale or division of ownership, where each lot is developed with the necessary improvements to accommodate a recreational vehicle as a dwelling.

(7)

Hotel or motel: A building or group of buildings designed and occupied as a temporary abiding place of individuals. To be classified as a hotel or motel an establishment shall contain a minimum of ten (10) individual guest rooms or units and shall furnish customary hotel services such as linen, maid service, telephone, use an upkeep of furniture, and the accommodations shall not be designed as permanent dwelling units.

(8)

Tourist court and cottages: A lot, tract or parcel of land upon which not more than nine (9) cottage units are located and maintained for the accommodation of transients for compensation.

(9)

Manufactured home: A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development title 6 construction standards commonly known as "the HUD-code". The red Certification Label (sometimes called the HUD Label) can be located on the tail end of each transportable section of the home. The Data Plate will be located inside the home. Regulation states that the Data Plate be affixed inside the home on or near the main electrical breaker box, or other readily visible/accessible location. The unit is transportable in one (1) or more sections, which, in the traveling mode, are eight (8) feet or more in width or forty (40) feet or more in length, or when erected on site, are three hundred twenty (320) or more square feet, and which are built on a permanent chassis an designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities for plumbing, heating, air-conditioning, and electrical systems. The term does not include recreational vehicles. (Ord. 2016-4138; 02/01/2016)

(9.1)

Mobile home: A prefabricated structure, built in a factory on a permanently attached chassis before being transported to site, used as a permanent home and the structure was constructed before June 15, 1976. (Ord. 2016-4138; 02/01/2016)

(9.2)

Modular home: A modular home is ant home factory-built that is constructed to the local state construction code. These units are referred to as "industrialized housing units." Modular homes will not have the red Certification Labels, but will have a label attached to the home stating the code to which it was built. A modular home can be built as an "on-frame" or "off-frame" modular. On-frame will be built on a permanent chassis, whereas, the off-frame modular will be built with removal of the chassis frame in mind. (Ord. 2016-4138; 02/01/2016)

(10)

Recreational vehicle: A vehicular type camping unit designed primarily as temporary living quarters for recreational camping, or seasonal use. Recreational vehicles may have their own motive of power or be mounted on or towed by another vehicle but shall not exceed four hundred (400) square feet in area when measured at the largest horizontal projection when in the set up mode or eight feet six inches in width or forty-five (45) feet in length. Camping trailers, fifth wheel trailers, motor homes, park trailers, travel trailers and truck campers are types of recreational vehicles.

(10.1)

Temporary recreational vehicle site: A recreational vehicle placed on a residential lot, tract, or parcel for a defined duration and intended to provide temporary housing.

ACCESSORY AND INCIDENTAL USES

(11)

Accessory building (residential): A subordinate building used for purposes customarily incidental to the residential occupancy of the main building and not involving the conduct of a business or sale of a service. Accessory buildings include but are not limited to an automobile storage garage, carport, storage building, laundry room, garden shelter, hobby room and mechanical room.

(11.1)

Shipping container accessory building: A standardized reusable vessel that is or appears to be: (1) originally, specifically, or formally designed for or used in the packing, shipping, movement or transportation of freight articles, goods, or commodities or (2) designed for or capable of being mounted or moved on a rail car, or (3) designed for or capable of being mounted on a chassis or boogie for movement by truck, trailer, or loaded on a ship (Ord. No. 2019-4232) (02/18/19)

(12)

Community center (private): A building or group of rooms designed and used as an integral part of a residential project by the tenants of such a project for a place of meeting, recreation or social activity and under the management and unified control of the operators of the project. A Private Community Center shall not be operated as a place of public meetings, or as a business, nor shall the operation of such facility create noise, odor or similar conditions perceptible beyond the bounding property line of the project site.

(13)

Accessory building (farming): An accessory structure on a tract qualifying as a farm as herein defined for storing or housing the usual products and animals raised or maintained on a farm, such as a barn, poultry house, stable machinery shed or granary.

(14)

Guest house (detached): A secondary structure on a lot or tract containing dwelling accommodations but excluding kitchen facilities and separate utility services or meters and intended for the temporary occupancy by guests and not for rent or permanent occupancy.

(15)

Off-street parking incidental to main use: Off-street parking spaces provided for and accessory to a main use located on the same lot or tract as the main use or within three hundred (300) feet as specified in Section 20 and located within the same zoning district as the main use.

(16)

Retail or service use incidental to main use: A special sales or service use permitted as part of a residential development or building as indicated on the Use Schedule.

(17)

Servant or caretaker's quarters: Living quarters for persons employed on the premises, as a separate domicile and with no separate utility meters. Such facilities may be located in the main structure or in an accessory building located on the lot with a main residential structure.

(18)

Stable (private): An accessory building or enclosure for quartering not to exceed four (4) horses on a farm or lot when set back from adjacent property lines a minimum distance of two hundred (200) feet. Farm or lot size must be greater than three (3) acres.

(19)

Swimming pool (private): A swimming pool constructed for the exclusive use of the residents of a single-family, two-family or apartment dwelling and located and fenced in accordance with the standards and regulations of the City. Such private swimming pool shall not be operated as a business nor maintained in such a manner as to be hazardous or obnoxious to adjacent property owners.

(20)

Temporary field or construction office: Temporary office buildings and temporary building material storage areas to be used solely for construction purposes in connection with the property on which they are erected may be permitted for a specified period of time in accordance with a permit issued by the City Building Inspector.

(21)

Home occupation: An occupation customarily carried on in the home by a member of the occupant's family, being incidental to the primary occupancy of the home as a dwelling, without the offering, display or advertising of any commodity or service for sale on the premises, without the employment of any persons other than a member of the immediate family, without the use of any sign, lighting or display, with the use of other than normal domestic or household equipment or appliances.

(22)

Apartment accessory uses: Permitted uses accessory to an apartment building shall include a recreation room, employee's washroom, a manager's apartment and office, and laundry. Such a recreation room shall be for the exclusive use of the tenants and their guests. When provided, an employee's washroom shall be accessible only to the outside of the apartment building and not through any other room in the building and the washroom be limited to a maximum of thirty (30) square feet in floor area. The manager's apartment may be used as an office, but such facility shall be included in computations of lot area requirements. The laundry room may be used for clothes washing and drying facilities for the exclusive use of the tenants and no exterior advertising of such use may be permitted.

(23)

Carport (residential): A carport is defined as:

(a)

A roofed structure not more than seventy-five percent (75%) enclosed by walls and attached to the main building for the purpose of providing shelter for one (1) or more motor vehicles;

(b)

A permanent roofed structure permanently open on at least one (1) side, designed for or occupied by private passenger vehicles, shade, or shelter for people, supplies, or animals;

(c)

Any parking space or spaces having a roof but not enclosed by walls.

All detached carports shall be accessory to a dwelling unit or units.

(24)

Storage Building (residential): A storage building is defined as:

A.

Any structure that is used for storage and does not have a door or other entranceway into a dwelling unit; the use of which is limited solely to storage of inanimate objects;

B.

A structure to be used, or intended to be used for the private, noncommercial, nonindustrial storage uses by the property owner.

All detached storage buildings shall be accessory to a dwelling unit or units. (Ord. No. 2019-4256,08/19/2019)

UTILITY AND SERVICE USES

(25)

Electrical energy generating plant: An electrical energy generating facility with generating capacity of more than fifty (50) Megawatts and any appurtenant facilities.

(26)

Electrical substation: An assemblage of equipment and appurtenant facilities designed for voltage transformation, or voltage control of electricity.

(27)

Electrical transmission line: A series of three (3) or more structures and appurtenant facilities erected above ground, supporting one (1) or more conductors emanating from a power plant or a substation, designed to transmit electric energy.

(28)

Fire station: A facility operated by a municipality, fire district, or department which houses fire equipment and may be used for the housing of personnel and associated meeting.

(29)

Regulating station: An assemblage of equipment which reduces, regulates and meters natural gas, oil and/or water pressure in the transmission line, holder, main, pressure vessel or the compressor station piping. This may include auxiliary equipment such as valves, control instruments or control lines as well as piping.

(30)

Local utility line: The usual electric power, telephone, gas, water, sewer and drainage lines designed and constructed by the municipality or a franchised utility company to serve a community with urban type services.

(31)

Local transit station or turnaround: A shelter or building for accommodation of local transit patrons or an off-street turnaround or standing area for loading.

(32)

Radio, television or microwave towers: Structures supporting antennae for transmitting or receiving any portion of the radio spectrum but excluding noncommercial antennae installations for home use of radio or television.

(33)

Commercial radio or TV transmit station: A facility which receives and/or sends radio and/or television waves such as radio towers. Uses shall include but not be limited to radio transmitting stations or towers and television exchange station relay towers.

(34)

Sewage pumping station: Those facilities of a municipality or a sanitation and/or water district which are organized and operated pursuant to State Statute.

(35)

Sewage treatment plant: A facility for the collection, treatment, and disposal of sewage, which has a designed capacity to receive more than two thousand (2,000) gallons of sewage per day.

(36)

Telephone exchange, switching and transmitting equipment only: A switching or transmitting station owned by a public utility but not including business office facilities, storage or repair shops or yards.

(37)

Telephone business office: Facility designated as office for public to conduct business related to their telephone service.

(38)

Utility installation, public or private, not listed: Any public or private utility facility franchised or approved by the City such as closed circuit television or steam distribution or other similar utility not specifically covered by the uses listed in the Use Schedule, 10-200.

(39)

Water standpipe or elevated storage: Any public or private structure for the storage above ground of water for distribution or fire protection purposes.

(40)

Water reservoir or pumping station: An area of land where water rights are retained or an area intended for water storage.

(41)

Water treatment plant: A facility excluding community cisterns, with a capacity of two million (2,000,000) gallons or more for purifying, supplying, and holding water.

INSTITUTIONAL, EDUCATIONAL AND SPECIAL NEEDS

(42)

Church or rectory: The place of worship and religious training of recognized religions including the onsite housing of ministers, priests, rabbis, nuns and similar staff personnel.

(43)

College, university or private school: An academic institution other than a public or parochial elementary or secondary school, including private elementary and secondary schools and institutions of higher learning.

(44)

Cemetery or mausoleum: A place designated for the burial or keeping of the remains of the dead, whether human or animal, including crematories, mausoleums, and columbaria operated within the boundaries of the cemetery.

(45)

Community center (public): A building and grounds owned and operated by a governmental body for the social, recreational, health or welfare of the surrounding community.

(46)

Convent or monastery: A building or group of buildings or structures used as living quarters for leaders of organized religious groups and limited accessory uses generally associated therewith.

(47)

Day nursery or kindergarten: An establishment where four (4) or more children are left for care or training during the day or a portion thereof.

(48)

Fraternity or sorority: Housing for a student organization formed for social purposes or scholastic, professional or extracurricular activities. These uses include but are not limited to fraternity or sorority houses and dormitories.

(49)

Institution for care of alcoholic, narcotic or psychiatric patient: An institution offering resident or outpatient treatment to alcoholic, narcotic or psychiatric patients. In residential districts where such uses are possible by Conditional Use Permit approval, a minimum site of twenty (20) acres shall be required.

(50)

Hospital (general acute care): An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and which is licensed by the State.

(51)

Hospital (chronic care): An institution where those persons suffering from generally permanent types of illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis and which is licensed by the State.

(52)

Institution of a religious, charitable or philanthropic nature: Buildings, grounds and activities sponsored or operated by organizations established for religious, charitable or philanthropic purposes including, but not limited to orphans homes, homes for the aged, resident home for indigent or handicapped, training and educational facilities and similar establishments.

(53)

Library, art gallery or museum (public): Any institution for the loan or display of books, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.

(54)

Lodge or fraternal organization: A private, nonprofit organization whose primary purpose is to promote the fellowship of its members and may conduct business associated with philanthropy or civic awareness.

(55)

Nursing home or residence home for aged: A place of residence or care for persons suffering from infirmities of age or illness where care is provided on a prolonged or permanent basis. This term shall include a convalescent home.

(56)

School, business: A business operating for profit and offering instruction and training in a service or art, such as a secretarial school, Barber College, commercial art school, but not including a manual trade school.

(57)

School, commercial trade or craft: A business operating for profit and offering instruction and training in a trade such as welding, brick laying, machinery operation and other similar manual trades.

(58)

School, public or denominational: A school and customary accessory uses under the sponsorship of a public or religious agency having a curriculum generally equivalent to public, elementary or secondary schools, but not including private, trade or commercial schools.

(59)

Welfare or health center: A community service facility where assistance in welfare and health problems is provided by a public or municipal agency for the benefit of residents of the area.

ADVERTISING AND SIGN USES

(60)

Name plate sign: An accessory sign identifying the name and address of the owner or occupant.

(61)

Real estate sign: A temporary accessory sign pertaining to the sale or rental of the property on which the sign is placed and advertising the property only for a use for which it is properly zoned.

(62)

Construction sign: A temporary accessory sign identifying the property owner, architect, landscape architect, engineer, decorator, contractor or mortgagee engaged in the design, construction or improvement of the premises upon which the sign is located.

(63)

Development sign: A temporary accessory sign relating to the promotion of new developments on the premises upon which the sign is located.

(64)

Nonresidential identification sign: An accessory sign advertising a nonresidential use which may be permitted in a residential zone which may be approved by Conditional Use Permit.

(65)

Institutional sign: An accessory sign relating to a church, school or other public institution.

(66)

Apartment wall sign: An accessory sign composed of the name of an apartment house or development and promoting the sale or rental of the apartments.

(67)

Apartment sign: An accessory sign promoting the sale or rental of apartments.

(68)

Mobile home sign: An accessory sign identifying the name and address of a Mobile Home Park and promoting the sale or rental of mobile home site.

(69)

Agricultural sign: An accessory sign identifying the name of a farm or ranch, the owner or operator, the address or advertising the produce, crops or animals raised thereon.

(70)

General business sign: An accessory sign which directs attention to a business, profession, service, product or activity conducted, sold or offered on the premises where such sign is located.

(71)

Special height sign: An accessory sign of the General Business type which is higher than other permitted signs.

(72)

Advertising sign: A sign which is a primary use of land (not an accessory use) and which directs attention to a business, product, activity or service which is not necessarily conducted, sold or offered on the premises where the sign is located.

FOOD AND BEVERAGE SERVICE

(73)

Bar, lounge or tavern: An establishment, the primary activity of which is the sale and consumption on the premises of beer, wine or other liquors and where food service, if any, is secondary to the sale of beer, wine or other liquors.

(74)

Eating place with drive-in or curb service: An establishment offering food for sale to customers in automobiles and wherein the food service is to the automobiles.

(75)

Eating place without drive-in or curb service: Any eating establishment, cafeteria, restaurant or inn where food service is offered to customers not in automobiles.

(76)

Eating place with dancing or entertainment: An establishment, the primary activity of which is the sale and service of food or beverage to customers and which incidentally may offer music, entertainment and facilities for dancing by patrons.

(77)

Private club with dancing: A facility, including associated eating, drinking, and recreational facilities, owned or operated by a group of people organized for a common social, educational, service, or recreational purpose. These clubs are usually characterized by certain membership qualifications, payment of fees or dues, regular meetings, a constitution, and by-laws.

(78)

Catering service: A commercial establishment for the production of food and baked goods, primarily for sale.

(78.5)

Mobile food establishment: A food establishment licensed by the health authority and permitted within the City that is contained within or mounted on a motor vehicle for the purpose of selling food or other edible or potable substances directly from the vehicle to customers who come to the vehicle. (Ord 2020-4329, 09/22/2020)

OFFICE, PROFESSIONAL AND FINANCIAL USES

(79)

Bank or savings and loan office: A completely enclosed facility the primary use of which is the custody, loan, exchange or issue of money, the extension of credit, and the transmission of funds.

(80)

Clinic, medical or dental: Facilities for examining, consulting with and treating patients including offices, laboratories and outpatient facilities but not including hospital beds and rooms for acute or chronic care.

(81)

Doctor's or physician's office : A small office for examining and consulting with patients including necessary accessory facilities and occupied by not more than two (2) doctors.

(82)

Laboratory - medical or dental: A laboratory which provides bacteriological, biological, medical, prosthetic, x-ray pathological and similar analytical or diagnostic services to doctors or dentists. No fabricating shall be conducted on the premises except the custom fabrication of dentures.

(83)

Laboratory - scientific testing: A building or part of a building devoted to the testing of any product or animal (including humans) for the purposes of providing written research reports on the results and utilizing the results to produce new or improved product, medicine or to better determine how animals function. No manufacturing is to be conducted on the premises except for experimental or testing purposes.

(84)

Medical appliance fittings and sales: A facility specializing in special purpose devices related to medical treatment.

(85)

Mortuary: A facility where bodies are prepared for burial or cremation, which may include areas for embalming, performing of autopsies, and the storage of funeral supplies and vehicles.

(86)

Office, professional or general business: An office for professions including but not limited to government, physicians, dentists, lawyers, realtors, architects, engineers, artists, musicians, designers, teachers, accountants, and others, who, through training are qualified to perform services of a professional nature, and where no storage or sale of merchandise exists.

(87)

Optical shop: A facility for a dealer in optical items or for correcting vision.

(88)

Studio, artist: A facility for the instruction of art, either in groups or in private.

(89)

Studio—Drama, speech or dance : A building or rooms in a building used for instructing, coaching or counseling in drama, speech, dance or similar personal skills.

(90)

Studio—Music: A building or rooms in a building used for instructing, coaching or counseling in music or similar personal skills.

(91)

Studio—Display of art or decorators objects: Display rooms and accessory offices for the display of art objects, fabrics and similar items which may be supplied to the clientele of the operator but not involving a direct retail shop.

(92)

Studio, recording and broadcasting: A facility for broadcasting live or prerecorded programs by radio or television, or recording of records, tapes, CDs, video tapes or other recording media. Such facility may perform activities necessary for recording, programming and receiving of radio or television signals. Such facilities shall not engage in mass production.

PLANTS, PETS, ANIMALS AND RELATED USES

(93)

Animal clinic or hospital - no outside run: A facility having reasonable sound attenuation construction features where animals other than livestock are given medical treatment, and where limited indoor kennel facilities for the short-term boarding of animals awaiting or convalescing from treatment may be provided.

(94)

Animal clinic or hospital/kennel with outside run: A facility having reasonable sound attenuation construction features where animals other than livestock are given medical treatment, and where limited indoor or outdoor kennel facilities for the short- term boarding of animals awaiting or convalescing from treatment may be provided.

(95)

Animal pound - public or private: A public or private facility including outside runs for enclosure of animals, especially stray or unlicensed pets.

(96)

Aquarium, commercial: A facility designed for the indoor and outdoor display of marine life.

(97)

Farm, ranch, garden or orchard: An area which is used for growing of usual farm products, vegetables, fruits, trees and grain for the raising thereon of the usual farm poultry and farm animals such as horses, cattle and sheep, including a private stable and also including the necessary accessory uses for raising, treating and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law.

(98)

Garden shop and plant sales: A facility for the sale of home, lawn, and garden supplies; landscaping materials; and other similar materials. This use may include the outside storage of materials.

(99)

Hatchery, poultry: An enclosed facility or tract of land where poultry is raised.

(100)

Livestock auction - pens or sheds: A place of confinement (whether by structures, fences, pens, corals, or other enclosures) for cattle, swine, sheep, poultry, fur bearing animals, or other livestock, where the density of animal units on the parcel exceeds that allowed in the zoning district within which the use is located. The primary purpose of such confinement is to provide for the ultimate sale of products from such animals or the animals themselves.

(101)

Pet shop, small animals and birds: Facilities for the display and sale of small animals and birds as pets, such as dogs, cats, parakeets or canaries but not involving the boarding or treating of dogs or similar pets.

(102)

Stable, commercial: A structure housing horses which are boarded or rented to the public or any stable other than a private stable; but not including a sales barn, auction or similar trading activity.

(103)

Veterinarians office, no hospital: A facility having reasonable sound attenuation construction features where animals other than livestock are given medical treatment.

(104)

Zoo, commercial: An enclosed tract of privately owned land designed for the indoor and outdoor display of animals. Subject to all state and local animal control guidelines.

(105)

Zoo, public: An enclosed tract of publicly owned land designed for the indoor and outdoor display of animals. Subject to all state and local animal control guidelines.

PERSONAL SERVICE AND CUSTOM CRAFTS

(106)

Art needlework: Hand sewing, knitting or weaving of handicraft objects for sale or on a custom basis.

(107)

Barber and beauty shop: A facility licensed by the state where hair cutting, hair dressing, shaving, trimming beards, facials, manicures or related services are performed.

(108)

Book handcraft binding: Hand binding on a custom basis of books and similar documents.

(109)

Cabinet and woodwork shop (custom): Shop for the repair or creation of individual items of furniture and wooden home furnishings on a custom basis, not a factory, planning mill or similar woodworking plant.

(110)

Cleaning shop (small custom shop): A cleaning establishment for custom cleaning of individual garments only and not a bulk or commercial type cleaning plant.

(111)

Cleaning shop (commercial): A facility that provides professional cleaning services, both on-site and off-site.

(112)

Custom sewing and millinery: Custom making of items of apparel and millinery, such as a seamstress, but not involving a factory.

(113)

Handcraft, ceramic sculpture: A facility to individually create objects such as leather goods, jewelry, and oven fired, nonmetallic mineral products of carved three-dimensional works of art.

(114)

Hand weaving: A facility to individually create objects made from cloth, yarn, thread or other materials.

(115)

Health studio: A facility other than a regularly licensed hospital, operating for a profit to promote physical fitness or weight control and where massage or exercises are practiced upon the human body by anyone and not a duly licensed physician or chiropractor, whether with or without the use of mechanical or therapeutic devices.

(116)

Key shop: A facility for the sale or duplication of keys.

(117)

Laundry or dry cleaning, self-service: An establishment providing facilities for washing or dry cleaning garments and similar items and where the customer may personally supervise and handle the cleaning operation.

(118)

Laundry commercial: A cleaning establishment designed for the drop-off and pickup of individual garments, fabrics, rugs, draperies or other similar items.

(119)

Laundry or cleaning pickup: A coin operated or custom-cleaning establishment for individual garment, fabrics, rugs, draperies or other similar items.

(120)

Photography studio: A facility for taking and processing pictures, not a bulk processing plant.

(121)

Shoe repair: A facility for repair or reconditioning of footwear, handbags and other leather articles such as shoes, boots, sandals, wallets, purses and other similar products.

(122)

Tailor: A shop to alter, repair, fabricate or fashion garments.

(123)

Taxidermist: A facility for preparing, stuffing and mounting the skins of animals, birds or fish.

(124)

Travel bureau: An agency engaged in selling or arranging transportation, trips or tours for individuals or groups.

(125)

Upholstery shop: A facility which makes coverings for furniture by applying such materials as springs, padding and fabric.

(126)

Tattoo studio: Establishment where the practice of producing an indelible mark, design or figure on the human body by scarring the inserting pigment under the skin using needles scalpels or other related instruments takes place. Such establishments shall be required to conform to all state regulations regarding Tattoo Studios.

(127)

Body piercing studio: Establishment where the creation of an opening in an individual's body other than in an individual's ear, to insert jewelry or another decoration takes place. Such establishments shall be required to conform to all state regulations regarding body piercing studios.

RETAIL SALES USE

(128)

Antique shop (enclosed): An establishment offering for sale articles such as glass, china, furniture or similar furnishing and decorations which have value and significance as a result of age, design or sentiment; and when all such items displayed or offered for sale are housed within a building and there is no exterior display except the usual sign or advertising.

(129)

Food store: Any retail establishment selling consumer products including primarily prepackaged food and household items.

(130)

Bakery or confections shop: A place for baking or selling baked goods, or a place for preparing, cooking making or selling candy or other sweets. All goods baked or cooked on the premises must be retailed on the same premises.

(131)

Book and stationary store: A facility for the sale of books, pamphlets, paper, pens, ink and associated items; not involving wholesale distribution.

(132)

Camera shop: A retail shop which sells photography items including cameras, film, photographic paper, auxiliary lens, photo finishing material, projection equipment and other related items.

(133)

Cigar, tobacco and candy: The retail sale of cigars, cigarettes, pipe tobacco, candies and related items.

(134)

Clothing store: A retail facility for selling male and female apparel.

(135)

Drug store or pharmacy: A facility for preparing, preserving, compounding and dispensing drugs and medicines; may include the display and sale of other merchandise such as cosmetics, notions, fountain service and similar items.

(136)

Feed store, retail (livestock, no mill):an establishment for the sale of grain, prepared feed and forage for pets, livestock and fowl but not involving the grinding, mixing or commercial compounding of such items.

(137)

Beverage store: A facility for the sale of beer, wine or liquor not for on-premises consumption.

(138)

Florist shop: A facility for the retail sale of cut or uncut flowers and ornamental plants and accessory items.

(139)

Furniture store (new): A retail facility for displaying and selling new furniture, and may also include appliances such as radios, televisions, stereos, refrigerators, stoves and lawn furniture.

(140)

Hardware and sporting goods: A retail facility for selling cutlery, tools, utensils, screws, nails and similar items; or athletic uniforms, sport clothing and sporting equipment.

(141)

Hobby shop and art supply store: A facility for the sale of hobby or art supplies such as model kits, art equipment and materials.

(142)

Letter and mimeograph shop: A facility for the reproduction, cutting, printing, or binding of materials on a bulk basis using lithography, offset printing, blueprinting, silk screening, or similar methods.

(143)

Paint and wallpaper store: A facility for selling paints, painting equipment and wallpaper as well as other decorator items.

(144)

Pawn shop: A facility for loaning money on the security of personal property, unclaimed property may be sold on the premises.

(145)

Second hand store (used): A facility for the sale of secondhand or used items.

(146)

Swimming pool sales and supply: A facility for display and retail sales of swimming pools, related supplies and service.

(147)

Retail stores/shops/flea markets/ other than listed: Any establishment not listed in the Use Schedule, 10-200, offering consumer goods for sales except those uses specifically excluded and listed in other districts. Said establishment must be contained within four (4) solid walls, a solid roof and solid floor.

(148)

Tool rental: A facility that houses tools and small equipment for rent.

RECREATION, SOCIAL AND ENTERTAINMENT USES

(149)

Amusement, commercial (outdoor): An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open, including but not limited to a golf driving range, archery range and miniature golf course.

(150)

Amusement, commercial (indoor): An amusement enterprise wholly enclosed in a building which is treated acoustically so that no noise of the enterprise is perceptible at the bounding property line and including but not limited to a gaming room or establishment, bowling alley or billiard parlor.

(151)

Carnival or circus (temporary): A temporary traveling show or exhibition usually housed in tents, and which has no permanent structure or installation. Such temporary carnival or circus is subject to special authorization by resolution of the City Council.

(152)

Country club, private membership: An area of twenty (20) acres or more, containing a golf course and a club house and available only to a private specific membership. Such a club may contain as adjunct facilities, a private club and dining room, swimming pool, tennis courts and similar service and recreation facilities.

(153)

Dance hall or night club: An establishment offering to the general public facilities for dancing and entertainment for a fee and subject to licensing and regulations by the City.

(154)

Club, private (business): A clubroom or suite of rooms or a building available to restricted membership for meeting, dining and entertainment. Such facilities may include a private tennis court, swimming pool or similar recreation facilities, none of which are available to the general public.

(155)

Fairgrounds: A recreational area providing parks and playfields which may include lighted areas for use after dusk.

(156)

Golf course, commercial: A golf course, privately owned but open to the general public for a fee and operated as a commercial venture.

(157)

Golf course, public: A golf course owned or controlled by a public agency such as the municipal Park Department and operated for the benefit of the public.

(158)

Ice skating rink: A facility designed for the sole purpose of recreational activities that require an ice rink.

(159)

Park or playground (public): An open recreation facility or park owned or operated by a public agency such as the municipal Park Department or School Board, and available to the general public. This term shall include such used as stadiums, field houses, and customary accessory uses.

(160)

Recreation club or area, private: A building, park or recreation area, the use of which is restricted to private membership such as by a church, neighborhood association, fraternal or social organization and which may contain the normal active and passive facilities as provided in a public park or playground.

(161)

Rodeo: An outdoor arena designed for the purpose of rodeo activities.

(162)

Theatre, drive in type: A facility for outdoor performances where the audience views the production from automobiles or while seated outside.

(163)

Theatre, not drive in type: A facility for showing motion pictures, video, or staging theatrical performances to an audience, inside an enclosed structure.

(164)

Billiards parlor: A facility that houses billiard tables for recreational use. Alcohol and food may be served with appropriate licenses.

TRANSPORTATION TYPE USES

(165)

Airport or landing field: A landing facility for fixed wing aircraft containing a minimum of sixty (60) acres and approved by the City as an aircraft landing facility, subject to the Federal Aviation Agency's requirement of safety and applicant's securing air space utilization from the Federal Aviation Agency.

(166)

Bus station or terminal: A facility on a common carrier line for bus docking, freight storage and passenger loading and unloading.

(167)

Hauling and storage company: A facility for warehousing, transferring or keeping goods.

(168)

Helicopter base: A landing and terminal facility for rotary wing aircraft, including facilities for fueling, servicing, and maintaining such craft and subject to approval by the City and subject to the Federal Aviation Agency's requirement of safety and applicant's securing air space utilization from the Federal Aviation Agency.

(169)

Heliport: A landing facility for rotary wing aircraft not exceeding a gross weight of twelve thousand five hundred (12,500) pounds subject to regularly scheduled use, but not including fueling or servicing facilities for such craft and subject to approval by the City and subject to the Federal Aviation Agency's requirement of safety and applicant's securing air space utilization from the Federal Aviation Agency.

(170)

Helistop: A landing pad for occasional and infrequent use by rotary wing aircraft not exceeding a gross weight of six thousand (6,000) pounds and not for regularly scheduled stops and subject to approval by the City.

(171)

Motor freight terminal: A building or area in which freight brought by motor truck is assembled or stored for routing in intrastate and interstate shipment by motor truck.

(172)

Railroad freight terminal: A facility on a railroad for freight and classifying, docking and storage.

(173)

Railroad passenger station: A facility for loading and discharging of passengers.

(174)

Railroad team track: A siding for spotting and unloading or loading of box cars or other railroad cars and which area is connected to a public street by a drive for access.

(175)

Railroad yard: An outdoor facility used for the housing of rail cars.

MOTOR VEHICLES AND RELATED USES

(176)

Auto laundry: An area of land and/or a structure with machine- or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles. A facility of this type may be able to accommodate more than one (1) vehicle at the same time.

(177)

Auto glass, muffler and seat cover shop: A facility for the installation or replacement of auto glass and mufflers.

(178)

Auto parts and assoc. sales, indoor only: A facility having auto parts, accessories and tools for sale with no outdoor display area.

(179)

Auto parts and assoc. sales, outdoors display: A facility having auto parts, accessories and tools for sale with outdoor display area.

(180)

Auto sales, indoors display: A facility that sells new and or used automobiles with no outdoors display.

(181)

Auto sales or storage, outdoors display: A facility that sells new and or used automobiles with outdoors display.

(182)

Auto storage or auction: A facility for the sale of automobiles to the highest bidder.

(183)

Auto rental: A company that rents automobiles for short periods of time to the public, generally ranging from a few hours to a few weeks.

(184)

Auto repair garage: A facility for the retail sale of gasoline and other petroleum products and/or where light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted.

(185)

Auto painting or body rebuilding shop: A facility for restoring auto bodies, painting or refinishing.

(186)

Bus or truck parking or garage: A facility in which currently licensed buses or trucks are stored or repaired.

(187)

Drag strip or commercial racing: A facility, which contains an outdoor track used for the purpose of racing automobiles for recreational use only.

(188)

Engine or motor repair: A shop for the disassembly, rebuilding and repair of motor vehicle engines, electric motors, vehicle transmissions or other major machinery components on an assembly line basis. General vehicle repair shall be classified as a repair garage.

(189)

Go cart track: A facility which contains an outdoor track used for the purpose of racing Go Carts for recreational use only.

(190)

Machinery repair display or sales: A facility that specializes in either the repair or sale of machinery.

(191)

Machine or welding shop: A facility in which metallic materials are processed through machining, curing, grinding or welding.

(192)

Motorcycle or scooter sales and service: A facility that sells services motorcycles and scooters. Accessories are also permitted for sale.

(193)

Parking, commercial lot or garage: A parking area or facility the purpose of which is to allow the parking of motor vehicles.

(194)

Service station (motor vehicle fuel): A facility for the retail sale of gasoline and other petroleum products and/or where light maintenance activities such as engine tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted.

(195)

Steam cleaning/vehicles or machinery: A facility for the on-site steam cleaning of vehicles or machinery.

(196)

Wrecking yard, junk and salvage: A building, structure, or parcel of land, or portion thereof, totally enclosed by an eight (8) ft. privacy fence, used for the collecting, storage or sale of waste paper, rags, scrap metal, or discarded material; or, for the collecting, dismantling, storage, salvaging, or demolition of vehicles, machinery or other materials.

(197)

Utility trailers (new): A vehicle that (1) is designed or used to carry a load wholly on the trailer's own structure; (2) is designed to be "bumper drawn" by a motor vehicle; (3) is "new" as opposed to "used" and acquired for sale or rent from a manufacturer of utility trailers; and, (4) has an open bed not exceeding twenty (20) feet in bed length with a maximum often ten (10) trailers per acre with no stacking.

(198)

Utility trailers (used): A vehicle that meets the same specifications as set forth in (122) above except that such utility trailer is "used" as opposed to "new" with a maximum of ten (10) Trailers per acre with no stacking.

STORAGE, PROCESSING AND COMMERCIAL USES

(199)

Brick and similar building materials: A facility for the sale of home, lawn, and garden supplies; landscaping materials; brick; lumber; and other similar materials. This use may include the outside storage of materials.

(200)

Clothing manufacturing and similar light manufacturing and assembly: Operations involving cutting, sewing, forming and packing of garments and similar items and including the making of millinery and clothing accessories, but involving no obnoxious or hazardous materials or machinery.

(201)

Fix-it shop and appliance repair: A shop for the repair of household and home equipment, such as electrical appliances, lawn mowers, tools and similar items where all such items are stored within a building or a storage area surrounded by a solid fence, wall or screen.

(202)

Furniture repair and upholstery: A facility for the making, repairing, or refinishing of furniture or wood products for direct retail sale.

(203)

Job printing: A facility for the reproduction, cutting, printing, or binding of materials on a bulk basis using lithography, offset printing, blueprinting, silk screening, or similar methods.

(204)

Laboratory, manufacturing: Operations involving the compounding of products such as perfumes, pharmaceutical and the development and assembly of instruments and similar items.

(205)

Light fabrication and assembly processes: Including but not limited to the manufacture of jewelry, trimming decorations, signs and any similar item not involving the generation of noise, odor, vibration, dust or hazard.

(206)

Lumber yard: A facility for the sale of home, lawn, and garden supplies; landscaping materials; brick; lumber; and other similar materials. This use may include the outside storage of materials.

(207)

Lithographer or printing plant: A facility for the reproduction, cutting, printing, or binding of materials on a bulk basis using lithography, offset printing, blueprinting, silk screening, or similar methods.

(208)

Monument sales yard: A facility that specializes in the sales and manufacture of monuments.

(209)

Open storage (no enclosure): Storage in the open of vehicles, machinery or any equipment or commodity where permitted as a primary use of land and accessory storage in the open of commercial and industrial products where such storage is not enclosed by a fence, wall or building.

(210)

Open storage (visual screen): The permitted storage of any equipment or commodity in an open area which is enclosed by an eight (8) foot fence or wall or surrounded by a building so as to create an effective visual screening of the storage from the adjacent property. The term "storage use" shall not constitute a wrecking, junk, or salvage yard. (Ord. 2015-4108; 04/06/2015)

(211)

Petroleum products - storage and wholesale: A facility and enclosed yard designed primarily for the storage and wholesale sale of petrochemicals. All state and local statutes will regulate activity.

(212)

Plumbing shop: A facility providing supplies, repair and sales of plumbing equipment.

(213)

Maintenance and home repair shop (no outside storage): A building housing the facilities and equipment of a home repair or maintenance service but not including the storage of building material, junk or similar commodities in the open, unenclosed.

(214)

Contractor or maintenance yard: An open storage yard for supplies and operational equipment, including buildings, but not constituting a junk, wrecking or salvage yard.

(215)

Salvage yard (outside): An open yard, totally enclosed by an eight (8) ft. privacy fence, for the receiving, sorting, storage or packing of paper, rag, glass, boxes and similar commodities.

(216)

Salvage and reclamation - inside bldg.: An enclosed facility for the receiving, sorting, storage or packing of paper, rag, glass boxes and similar commodities.

(217)

Sand, gravel or earth - sale and storage: An open yard used for the storage and sale of sand, gravel or earth.

(218)

Dump - private or municipal: A tract of land designated for the storage, collection, and disposal of solid wastes.

(219)

Stone, sand or gravel extraction: A tract of land where stone, sand or gravel is extracted from under the earth. May include distribution area for truck/rail loading of materials.

(220)

Warehouse or covered storage: A building or group of buildings providing shelter for commodities stored therein. No open or unenclosed storage shall be classified as a warehouse. No hazardous or explosive materials may be stored. (Ord. 2019-4258; 08/19/2019)

(221)

RV Storage in Residential: Can only be stored behind the front facade of the main house respecting all setbacks per zoning area property is found in. RV can only be connected to electricity for maintenance purposes. RV cannot be connected to water or sewage without obtaining a Conditional Use Permit.

(222)

RV Storage in Commercial: Can only be stored behind the front facade of the main building respecting all setbacks per zoning area property is found in. RV can only be connected to electricity for maintenance purposes. RV cannot be connected to water or sewage unless property is located in an RV Overlay district or licensed RV Park.

INDUSTRIAL AND MANUFACTURING USES

(223)

Animal slaughter or chicken killing: A facility and enclosed yard designed primarily for the slaughter of animals or poultry. Such facility is to be regulated by city ordinances in regard to such activity.

(224)

Acid manufacture: A facility and enclosed yard designed primarily for the preparation, production and storage of acid. All state and local statutes will regulate activity.

(225)

Ammonia manufacture: A facility and enclosed yard designed primarily for the preparation, production and storage of ammonia. All state and local statutes will regulate activity.

(226)

Batching plant, concrete or asphalt: A facility and enclosed yard designed primarily for the preparation, production and distribution of concrete or asphalt. All state and local statutes will regulate activity.

(227)

Carbon black manufacture: A facility and enclosed yard designed primarily for the preparation, production and storage of carbon black. All state and local statutes will regulate activity.

(228)

Cement, lime gypsum or plaster of paris: A facility and enclosed yard designed primarily for the preparation, production and distribution of cement, lime gypsum or plaster of Paris. All state and local statutes will regulate activity.

(229)

Ceramic/pottery manufacture w/ dust, odor: A facility and enclosed yard designed primarily for the preparation, production and distribution of ceramics or pottery. All state and local statutes will regulate activity.

(230)

Chlorine manufacture: A facility and enclosed yard designed primarily for the preparation, production and storage of chlorine. All state and local statutes will regulate activity.

(231)

Electroplating/battery making: A facility and enclosed yard designed primarily for the preparation, production and storage of batteries. All state and local statutes will regulate activity.

(232)

Explosives storage or manufacture: A facility and enclosed yard designed primarily for the preparation, production and storage of explosives. All state and local statutes will regulate activity.

(233)

Glue and fertilizer manufacture: A facility and enclosed yard designed primarily for the preparation, production and storage of glue or fertilizer. All state and local statutes will regulate activity.

(234)

Grain processing with hoods, dust: A facility and enclosed yard designed primarily for the preparation, production and storage of grain. All state and local statutes will regulate activity.

(235)

Paint, oil, shellac and lacquer manufacture: A facility and enclosed yard designed primarily for the preparation, production and storage of paint, oil, shellac and lacquer. All state and local statutes will regulate activity.

(236)

Petrochemical plant: A facility and enclosed yard designed primarily for the preparation, production and storage of petrochemicals. All state and local statutes will regulate activity.

(237)

Petroleum tank farm: A facility and enclosed yard designed primarily for the housing of petroleum tanks. All state and local statutes will regulate activity.

(238)

Plastic products manufacture: A facility and enclosed yard designed primarily for the preparation, production and storage of plastic products. All state and local statutes will regulate activity.

(239)

Quarry, caliches gravel and sand excavation: A tract of land where stone, sand or gravel is extracted from under the earth. May include distribution area for truck/rail loading of materials.

(240)

Rendering plant: A facility and enclosed yard designed primarily for the preparation, production and distribution of acid. All state and local statutes will regulate activity.

(241)

Tanning, curing, and storage animal hides: A facility and enclosed yard designed primarily for the preparation, production and storage of animal hides. All state and local statutes will regulate activity.

(242)

Textile manufacturing with dust/odor: A facility and enclosed yard designed primarily for the preparation, production and storage of textiles. All state and local statutes will regulate activity.

(243)

Woodworking and planing mill: A facility and enclosed yard designed primarily for the preparation, production and storage of wood. All state and local statutes will regulate activity.

(244)

Wrecking or salvage yard: A facility and enclosed yard designed primarily for the collection and storage of wrecked vehicles or marine vessels.

(245)

Any use: which due to the possible emission of excessive smoke, noise, gas, odor or vibration or danger or explosion or fire is presently or in the future is determined a hazard and subject to special control.

MARINE USES

(246)

Boat dock or mooring (private): Any pier, wharf, or dock or a location and/or any equipment used or intended for use as a dock or mooring for privately owned boats which are operated for the pleasure and enjoyment of their owners and not for rent or commercial activity.

(247)

Boat dock or mooring (business): Any pier, wharf, or dock or a location and/or any equipment used or intended for use as a dock or mooring for boats or ships which are used incidentally in the normal activity of a business or are used for rental to others for the pleasure and enjoyment of the tenants and not for commercial use.

(248)

Boat dock or mooring (commercial): Any pier, wharf, or dock or a location and/or any equipment used or intended for use as a dock or mooring for boats or ships used in a maritime commercial activity such as commercial fishing, shipping, etc. in which the primary activity of the business is conducted on such boats or ships.

(249)

Net and commercial fishing equipment repair: Establishments engaged in the repair and servicing of equipment for commercial fishing, such as nets, but not including the repair of engines, lines, etc. or other equipment used for the operation of fishing vessels.

(250)

Boat or ship repair (pleasure): Establishments engaged in repair or maintenance of boats, ships or other marine vessels commonly used for pleasure fishing or boating.

(251)

Boat, ship or barge repair (commercial): Establishments engaged in repair or maintenance of boats, ships or barges or other marine vessels commonly used in the commercial fishing, shipping, construction or similar industry.

(252)

Boat or ship building: Establishments engaged in manufacture, assembly or construction of boats, ships or other marine vessels.

(253)

Bait shop: Establishments engaged in the sale at retail of live or artificial bait for fishing.

(254)

Ice house: Establishments engaged in the sale of ice but not including the manufacture of ice.

(255)

Ice plant: Establishments engaged in the manufacture of ice.

(256)

Fishing tackle shop: Establishments engaged in the sale at retail or the maintenance and repair of fishing tackle used for recreational fishing but not including the sale or repair of commercial fishing equipment.

(257)

Boat or ship fuel or service: Establishments engaged in the sale of fuel and/or general off-shore service of boats, ships, or other marine vessels. (Ord. No. 2019-4228, 01/22/2019)

(258)

Boat rental: Establishments engaged in renting boats for recreational uses.

(259)

Fishing pier: Any structure constructed adjacent to or extending into a body of water and made available to the public for a fee

(260)

Marine contractor: A facility and enclosed yard designed primarily for the use of assembling equipment associated with marine uses.

(261)

Loading/unloading storage of petroleum products: A facility and enclosed yard designed primarily for the loading, unloading and storage of petroleum products. May include distribution area for truck/rail loading of materials. All state and local statutes will regulate activity.

(262)

Commercial loading/unloading of ships: A facility and enclosed yard designed primarily for the loading, unloading of commercial ships/boats. May include distribution area for truck/rail loading of materials. All state and local statutes will regulate activity.

(263)

Fish cleaning, processing and packaging: As used herein, the term "fish cleaning and/or processing" shall mean any operation involved in scaling, heading, gutting, gilling, filleting or breading fish for a fee or then offering such fish for sale; however, there is excepted from such term an establishment selling fish to the ultimate consumer. The term "fish packaging" shall mean placing fish in any packaging container for resale. The term "ultimate consumer" means the person(s) who purchases such seafood product to eat.

(264)

Shellfish cleaning, processing and packaging: As used herein, the term "shellfish cleaning and/or processing" shall mean any operation involved in grading, sorting, washing, heading, deveining, breading, peeling or picking, removing from shell, and cleaning any shellfish for a fee or then offering such shellfish for sale; however, there is excepted from such term the peeling of shellfish by an establishment selling such peeled shellfish to the ultimate consumer. The term "shellfish packaging" shall mean placing shellfish in any packaging container for resale. The term "shellfish" shall mean shrimp, lobster, crab, clams, oysters, scallops or any other marine life processed for food. The term "ultimate consumer" means the person(s) who purchases such seafood product to eat.

(265)

Boat sales: A facility that sells new and or used boats, both motorized and non-motorized, utilizing both indoor and outdoor display areas.

(266)

House boat: Any boat, ship, barge, raft, vessel or other construction floating and being used or intended for use as a dwelling or to be occupied as a home or residence.

(Ord. No. 4408, § 7, 12-5-2022; Ord. No. 2024-4460, § 2(Exh. A), 8-19-2024)

The purpose of this section is to provide guidelines for Conditional Use Permits so as to allow temporary, specific use(s) that would normally not be permitted by zoning regulations but are permitted as long as stated conditions are met, and so long as deviation from such regulations will not cause a detrimental effect to the surrounding properties. The City Council may, after public hearing and recommendation by the City Planning and Zoning Commission, and after conducting a public hearing as is required for all amendments to the zoning ordinance, in accordance with the provisions of Section 19 authorize for specific parcels of land the issuance of a Conditional Use Permit in accordance with the provisions of the Use Schedule, 10-200, in those districts where it is indicated that a Conditional Use Permit for a specific type use may be approved. (Ord. 2017-4180, 03/06/2017)

The designation of a Conditional Use Permit as possible on the Use Schedule, 10-200, in a given district does not constitute an authorization or an assurance that such use will be permitted. Rather, each Conditional Use Permit application shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate.

(1)

Application by the property owner requesting a Conditional Use Permit shall require a site plan and a construction plan, which when accepted shall be made part of the Conditional Use Permit. The City Planning and Zoning Commission shall require that the applicant furnish plans and data concerning the operation, location, function and characteristics of any use of land or building proposed. (Ord. 2017-4180, 03/06/2017)

(2)

The applicant shall present his or her application and required documentation to the City Planning and Zoning Commission. The City Planning and Zoning Commission may recommend to the City Council that certain safeguards and conditions concerning setbacks, ingress and egress, off-street parking and loading arrangement, location or construction of buildings and uses and operation be required. (Ord. 2017-4180, 03/06/2017)

(3)

The applicant shall present his or her application to the City Council with the recommendations of the City Planning and Zoning Commission. The City Council may in the interest of the public welfare and to assure compliance with the intent of this ordinance, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole. (Ord. 2017-4180, 03/06/2017)

(4)

A site plan setting forth the conditions specified, may be required of the applicant and such plan, when accepted shall be made part of the conditional use permit.

Permits granted pursuant to Section 10-410 hereunder may be granted for a period of up to five (5) years and any renewal thereof, if necessary, for a period of up to five (5) years from date of original permit maturity. Permits may be revoked if the conditions in which the permit were granted are not being met. Ex: visual screening or multiple code violations exist. Permits granted pursuant to other Sections hereof shall be for such periods of time as may be determined by the Planning and Zoning Commission with approval of the City Council. (Ord. #2015-411, 05/04/2015; Ord. 2017-4180, 03/06/2017)

(a)

Conditional uses must be specifically identified and conform to conditions listed and authorized in the Zoning Ordinance, except as to Conditional Use Permits issued pursuant to Section 10-430 hereunder.

(b)

The proposed use should not be injurious to present use of the land nor prevent enjoyment of uses already permitted.

(c)

The change should not impede normal and orderly development of improvement of surrounding vacant property.

(d)

Adequate utilities, access roads, drainage, and other necessary facilities must exist or be available in the near future.

(e)

Sufficient off-street parking and loading space must be available.

(f)

Measures must be taken to prevent the conditional use from producing annoying nuisances (odors, fumes, dust, noise, etc.) in the area.

(g)

A Conditional Use Permit must be issued for a particular use and shall be nontransferable.

(h)

The Permit is subject to periodic review. Any violation of the conditions shall result in automatic termination. If not used, Conditional Use Permits are null and void at the end of the authorized permit period.

(a)

Complied with all of the reasons for seeking original permit.

(b)

No active Code Enforcement violations.

(c)

Any other information or facts that may be considered by the Planning and Zoning Commission and by City Council.

(d)

Applications for renewal of permits must be filed not less than forty-five (45) days prior to expiration of the permit period sought to be renewed. (Ord. 2017-4180, 03/06/2017)

(a)

RV's During Construction (Ord. 2017-4180, 03/06/2017)

(1)

Financial plans for completion and letter of commitment available at time of filing application. (Ord. 2017-4180, 03/06/2017)

(2)

Design plans and specifications complete and authorized for permit must be available for review at hearing before the Planning and Zoning Commission. (Ord. 2017-4180, 03/06/2017)

(3)

Permits for construction will be approved and paid. (Ord. 2017-4180, 03/06/2017)

(4)

Person securing permit shall be the owner and user.

(5)

Permit will be granted for a period of not more than twelve (12) months and any renewal thereof, if necessary, for a period of not more than six (6) months from the date of original permit maturity. (Ord. 2017-4180, 03/06/2017)

(b)

Conditional use for open storage. (Ord. No. 2015-4110, 05-04-2015; Ord. 2017-4180, 03/06/2017)

(1)

Annual inspection. If at any time, the subject permit is found to be in violation of the municipal code, the permit may be revoked by the City with appropriate action by the Planning and Zoning Commission and City Council. (Ord. 2017-4180, 03/06/2017)

(2)

The Planning and Zoning Commission may approve a Conditional Use Permit for a time period of one (1) to five (5) years, with a maximum of a five (5) year permit. (Ord. 2017-4180, 03/06/2017)

(3)

Meet all elements of the building code including landscaping, screening and lighting.

(4)

Have no active code enforcement violations. (Ord. 2017-4180, 03/06/2017)

(a)

May only be granted in the case of a hardship. "Hardship" is defined, for purposes of this Ordinance, as a physical or mental condition which renders a person unable to provide for his or her well-being as certified by a licensed physician.

(b)

The application shall be made by the owner(s) of the property and shall only be for the benefit of a parent, grandparent, child or grandchildren of the owner(s) who is afflicted with a "hardship" as defined above.

(c)

Applicant shall have owned the property for at least one (1) year prior to application for the hardship conditional use permit.

(d)

The property for which the permit is applied for must be contiguous to the property upon which the owner resides; the permit lot shall not be less than seven thousand (7,000) square feet; and, shall conform to the following:

(e)

The conditional use permit shall be renewed annually, and the fee shall be paid as listed in the City Code of Ordinances Fee Schedule, as listed in Chapter 24, Article I, Sections 24-27. Renewals will be reviewed, and such review shall be conducted by the City Council upon a written report to be submitted by the City Building Official and upon recommendations by the Planning and Zoning Commission. The Conditional Use Permit shall terminate upon the death of the owner, by sale of the property subject to the conditional use permit, or upon a change of occupancy.

(Ord. 2017-4180, 03/06/2017)

The City Building Official of the City of Aransas Pass shall be the enforcer of these and all conditions so stipulated and as such, shall have the right to ingress and egress on subject property to appraise compliance with Conditional Use Permit. Violation of such permit may cause the City Building Official to order utilities on the property disconnected until such time as compliance is reached.

(Ord. 2017-4180, 03/06/2017)

(1)

It is recognized that new types of land use will develop and that forms of land use not anticipated will seek to locate in the City. In order to provide for such changes and contingencies a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

a.

All questions concerning the classification of new or unlisted uses shall be referred to the City Planning Commission for an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage and amount and nature thereof, enclosed or open storage, anticipated employment, transportation requirements, nature and time of occupancy or operation of the premises, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the requirements for public utilities such as sanitary sewer and water.

b.

The City Plan Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted

c.

The City Plan Commission shall transmit its findings and recommendation as to the classification of any new or unlisted use to the City Council who may by resolution approve the recommendation of the City Plan Commission or make such determination concerning the classification of such use as it determines appropriate.

d.

A revised use list including all additions made to the uses permitted in the several zoning classifications shall be published periodically.

(1)

The City Council may, after public hearing and recommendation by the City Planning and Zoning Commission, and after conducting a public hearing as is required for all amendments to the zoning ordinance authorize for specific single family dwellings a variance form the minimum masonry requirements as set forth in the applicable zoning district in which a new home is to be constructed or reconstructed as a result of fire, windstorm, or other total destruction.

(2)

In considering and determining its recommendation to the City Council relative to any such variance, the Planning and Zoning Commission may require that the applicant furnish plans and data concerning the proposed variance and shall make its determination of granting or denying such application upon the overall aesthetics of the proposed variance, its effect on the neighborhood, and its effect on surrounding property values and conservation of values.

(3)

The City Council may in the interest of the public welfare and to assure compliance with the intent of this ordinance, require such development standards and operational conditions and safeguards as are indicated to be important to the welfare and protection of adjacent property and the community as a whole.