A.

Uses in the various districts are depicted in Tables 38.310.030—38.310.040. Principal uses are indicated with a "P," special uses are indicated with a "S", accessory uses are indicated with an "A" and uses which are not permitted within the district are indicated by a "-."

B.

Additional uses for wireless facilities are contained in sections 38.370.010 to 38.370.040.

C.

The uses listed are deliberately broad and some are given special definitions in article 7 of this chapter. The intent of this method is to provide general guidance for uses while allowing the unique needs and circumstances of each proposal to be specifically addressed through the review process. Some uses are the subject of special regulations contained in division 38.360 of this article.

D.

Clarification of permitted uses and special conditions:

1.

If a * appears after the use, then the use is defined in article 7.

2.

Where a code section is referenced after the use, then the use is subject to the additional standards in that code section.

3.

If a number appears in the box, then the use may be allowed subject to development condition(s) described in the footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable development conditions.

4.

Where a number with a "sf" reference appears below a P or S in the box, it means that the use is permitted up to the (maximum) listed square footage in gross building area.

5.

If more than one letter-number combination appears in the box (e.g., P ^{2, 3} ), the use is allowed in the zone subject to different sets of limitations or conditions depending on the review process indicated by the letter, the general requirements of the code and the specific conditions indicated in the development condition with the corresponding number immediately following the table.

(Ord. No. 2124, § 21, 10-18-2022)

A.

When a use is not clearly defined or otherwise identified in the code so that it may be determined if it is allowed within a district the community development director must determine the appropriate classification of a particular use. In making this determination, the community development director must find:

1.

That the use is the same as one or more uses permitted in the district wherein it is proposed to be located; or

2.

That the use is so similar to one or more uses permitted in the district wherein it is proposed to be located as to be interpreted as the same, so long as:

a.

The use and its operation are comparable with the uses permitted in the district wherein the use is proposed to be located, in terms of:

i.

The amount, type, and pattern of vehicular traffic anticipated for the use, and

ii.

The expected outdoor uses and activities associated with the use;

b.

The use will not cause substantial injury to values of property in the neighborhood or district wherein it is proposed to be located; and

c.

Neither the intent of this chapter nor the intent of the district will be abrogated by such classification.

Persons objecting to a decision of the community development director regarding a classification of a use carry the burden of proof to establish error in the decision.

B.

If a question arises concerning the appropriate classification of a particular use, the community development director may submit the question to the city commission to determine whether the particular use is the same or so similar as to be interpreted the same as a listed permitted or special use. In making such a determination, the city commission must find that the criteria set forth in either subsection A.1 or 2 of this section are met.

C.

If a specific use is not listed and cannot be interpreted to be the same, or so similar as to be interpreted the same, as a listed accessory, principal or special use, the use must not be allowed. However, an amendment to the text of this chapter may be submitted for review and approval pursuant to the requirements of this chapter to allow such use as a listed principal, special, or accessory use (as defined in division 38.700).

(Ord. No. 2124, § 21, 10-18-2022)

Table 38.310.030.A
Permitted general and group residential uses in residential zoning districts

Notes:

1.

The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area.

2.

In the R-3 district, townhouse groups must not exceed 120 feet in total width.

Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts

Notes:

1.

The primary use of a lot, as measured by building area, permitted in the R-O district is determined by the underlying growth policy land use designation. Where the district lies over a residential growth policy designation the primary use shall be non-office uses; where the district lies over a non-residential designation the primary use shall be office and other non-residential uses. Primary use shall be measured by percentage of building floor area.

2.

Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations.

3.

Only when in conjunction with dwellings.

4.

Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites within a mixed-use building featuring residential units next to and/or above subject uses.

5.

Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.

6.

These uses may not include drive-through facilities.

(Ord. No. 1997, § 2, 3-19-2018; Ord. No. 2041, § 1, 9-17-2020; Ord. No. 2044, § 1, 9-17-2020; Ord. No. 2059, §§ 1, 3, 1-26-2021; Ord. No. 2104, § 14, 9-27-2022; Ord. No. 2105, § 3, 9-27-2022; Ord. No. 2124, § 21, 10-18-2022; Ord. No. 2149, § 3, 11-14-2023)

Table 38.310.040.A
Permitted general sales uses in commercial, mixed-use, and industrial zoning districts

Notes:

1.

In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.

2.

Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table).

3.

Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility.

4.

Excluding adult businesses as defined in section 38.700.020 of this chapter.

5.

Special REMU district conditions based on the amount of on-site retail uses:

a.

Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited to no more than four structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C.

b.

Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to no more than two structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C.

6.

Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross floor area or 10,000 square feet, whichever is less.

7.

Retail establishments as a primary use require a special use permit.

8.

Also subject to chapter 4, article 2.

9.

No gaming allowed.

Table 38.310.040.B
Permitted services and temporary lodging uses in commercial, mixed-use, and industrial zoning districts

Notes:

1.

In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.

2.

Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in this table).

3.

Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street.

4.

If primarily offering services to a single business or group of businesses within the same building or building complex.

5.

Professional and business offices only.

Table 38.310.040.C
Permitted residential uses in commercial, mixed-use, and industrial zoning districts

Notes:

1.

In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.

2.

Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table).

3.

May be subject to the provisions of chapter 38, article 380.

4.

When located on the second or subsequent floor, or basement as defined in section 38.700.030 of this chapter. Lobbies associated with residential uses are allowed on the ground floor.

5.

Non-residential uses (except for lobbies associated with residential uses) are required on the ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to designated storefront streets per section 38.500.010.

6.

For the purpose of this section, accessory means less than 50 percent of the gross floor area of the building, and not located on the ground floor.

7.

Five or more attached units.

8.

Five or fewer attached units.

Table 38.310.040.D
Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning districts

Notes:

1.

In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.

2.

Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table).

3.

Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street.

4.

Completely enclosed within a building.

5.

Limited to 5,000 square feet in gross floor area.

Additional uses for telecommunication facilities are provided for in division 38.370 of this article.

Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use, and industrial zoning districts

Notes:

1.

In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.

2.

Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table).

3.

Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street.

4.

Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations.

5.

Also excludes retail, large scale uses.

Additional uses for telecommunication facilities are provided for in division 38.370 of this article.

(Ord. No. 1997, § 2, 3-19-2018; Order No. 2018-01, § 5, 4-18-2018; Ord. No. 2019, § 1, 6-3-2019; Ord. No. 2029, § 8, 12-18-2019; Ord. No. 2046, §§ 1—3, 9-17-2020; Ord. No. 2059, § 3, 1-26-2021; Ord. No. 2104, § 15, 9-27-2022; Ord. No. 2124, § 21, 10-18-2022; Ord. No. 2149, § 4, 11-14-2023)

Mixed uses required and limited:

A.

Development must include a mix of uses.

B.

Uses must be grouped as commercial, industrial, office, institutional, and residential. A combination of at least two different groups of uses must be provided within each site plan.

C.

No use group must exceed 70 percent of the total gross building floor area in the entire site development. Multiple buildings may be shown on a single site plan as allowed in division 38.230 of this chapter. For the purposes of calculating the percentage of a use within the site development the gross square foot floor area of building for each use must be utilized. Single use buildings are allowed provided the entire site meets the required use mix standard.

D.

At least 70 percent of the ground level block frontages (see division 38.510) must be occupied by non-residential uses. To meet this requirement, the depth of non-residential floor area must be at least 20 feet deep. Ground level lobbies for residential uses on upper floors may qualify as a non-residential use for the purpose of this standard provided such lobby occupies no more than 50 feet of the block frontage. Structured parking is classified as a non-residential use. Structured parking at the ground level must include liner buildings of usable proportions along at least 40 percent of the building façades facing a street or greenway.

A.

Uses required and limited.

1.

REMU districts are intended to be developed with a mix of uses that encourage a range of building types, scales, densities, and site configurations.

2.

Developments are encouraged to include non-residential uses, especially commercial and neighborhood support services, mixed horizontally and/or vertically, to promote compact, walkable and sustainable neighborhoods.

3.

Non-residential uses must not exceed 30 percent of the total gross building square footage of all uses within the master planned area unless otherwise allowed in this section, through a master site plan review.

4.

For the purposes of calculating the percentage of a use within the master planned area, the gross square foot floor area of building for each use must be utilized.

5.

The specific method of tracking will be determined during the master site plan or site plan review.

6.

Home-based businesses are not considered non-residential uses and must not be limited by the provisions of the section.

7.

Non-residential uses intended for public benefit and shared public amenities must not be limited by the provisions of this section. These uses include, but are not limited to, schools, parks, community centers, city operated services and structured parking facilities.

B.

Development review applications.

1.

To accomplish the intent of the district, the REMU district is anticipated to be located on sites five acres or larger. Development review applications for sites in the REMU district greater than, or equal to, five acres will first be subject to review as a master site plan per article 2 of this chapter.

2.

Project applications for subsequent project phases in compliance with an approved master site plan may be reviewed as a site plan review or sketch plan review in accordance with division 38.230 of this chapter.

3.

All development review applications for property in the REMU district smaller than five acres are subject to the standards in this article and may be subject to review as a master site plan per division 38.230 of this chapter upon a finding by the city that:

a.

The development application is for a site considered a major infill site, having a significant impact on an existing neighborhood; or may create a center within an existing neighborhood;

b.

The proposed development is located at an intersection deemed to have special significance;

c.

The proposed development may have a significant impact on existing transportation and open space network, pedestrian and bicycle travel; and/or

d.

The proposed development requires a multi-year approval and multiple phases for completion.

(Ord. No. 2104, § 27, 9-27-2022)