10-100 Generally. 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.

10-200 Schedule of uses.

Note: For definitions and explanations of uses followed by numbers in parentheses, see section 10-300.

10-300 Definitions and explanations applicable to use schedule.

10-301 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.

(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 dwelling 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 family.

(3)

Two-family dwelling: A detached building having two dwelling units and occupied by not more than two families.

(4)

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

(5)

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

(6)

Trailer camp or mobile home park: A lot, tract, or parcel of land used to accommodate trailers or mobile homes as a semipermanent place of residence. Such a park may be in single ownership with trailer stands for hire or it may be a lot in a subdivision expressly designed as a mobile home subdivision.

(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 individual guest rooms or units and shall furnish customary hotel services such as linen, maid service, telephone, use and upkeep of furniture, and the accommodations shall not be designed as permanent dwelling units.

(8)

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

(8.1)

Breakfast homestay: A private, owner occupied residence in which the frequency and volume of bed and breakfast visitors is incidental to the primary use of the building as a private residence. No more than three guest rooms are made available to transient visitors and provide supplemental income for host. Breakfast is the only meal served and is included in the charge for the room. Breakfast is only to be served to overnight guest. Length of stays are limited to no more than five consecutive nights. Weddings, receptions, and other gatherings are not permitted in homestays. Bed and breakfast homestays are subject to all local, state, and federal regulations. Parking regulations pertaining thereto to be one additional off street parking space shall be provided for each available room and signage to be limited to no more than four square feet and will require a sign permit.

(8.2)

Bed and breakfast inns: A professionally run business operated in a building which is used primarily for providing overnight accommodations to the public even though the owner may live on the premises. Number of guest rooms for inns shall not exceed five per place of business. Breakfast is to be the meal served and is included in the charge for the room. Breakfast is only to be served to overnight guest. Length of stays is to be limited to no more than five consecutive nights. Weddings, receptions, and other similar gatherings shall be permitted, but must not continue later than 9:00 p.m. Inns shall be limited to one said gathering per month. Inns shall be responsible for providing the required parking at said gatherings. Inns are subject to all local, state, and federal regulations. Parking regulations pertaining thereto to be one additional off street parking space shall be provided for each available room and signage to be limited to no more than four square feet and will require a sign permit.

(9)

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

(10)

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.

(11)

Farm accessory building: 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.

(12)

Guesthouse (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.

(13)

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 300 feet as specified in section 20 and located within the same zoning district as the main use.

(14)

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.

(15)

Servant or caretaker's quarters: Living quarters for persons employed on the premises, or for rent or use as a separate domicile of other persons 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.

(16)

Stable (private): An accessory building for quartering not to exceed four horses on a farm or lot when set back from adjacent property lines a minimum distance of 100 feet.

(17)

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.

(18)

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 building inspector.

(19)

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, without the use of other than normal domestic or household equipment or appliances.

(20)

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 shall be limited to a maximum of 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.

(21)

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.

(22)

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.

(23)

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

(24)

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.

(25)

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, [subsection] 10-200.

(26)

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

(27)

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

(28)

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.

(29)

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.

(30)

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

(31)

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 20 acres shall be required.

(32)

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.

(33)

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.

(34)

Institution of a religious, charitable or philanthropic nature: Buildings, grounds and activities sponsored or operated by organizations established for religious or philanthropic purposes including orphans' homes, homes for the aged, resident homes for indigent or handicapped, training and educational facilities and similar establishments.

(35)

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.

(36)

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.

(37)

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

(38)

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.

(39)

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.

(40)

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.

(41)

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

(42)

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.

(43)

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.

(44)

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

(45)

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.

(46)

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

(47)

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.

(48)

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

(49)

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 sites.

(50)

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.

(51)

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.

(52)

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

(53)

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.

(54)

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.

(55)

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.

(56)

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.

(57)

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.

(57a)

Private club: A club where alcoholic beverages are stored, possessed and mixed on club premises and served for on-premises consumption only to members of the club and their families and guests, by the drink or in sealed, unsealed or broken containers of any legal size.

(57b)

Private club with dining: Sales and service of alcoholic beverages incidental to sales and service of food in food establishments holding private club registration permits under the Texas Alcoholic Beverage Code.

Such sales and service are authorized in designated zoned areas subject to the conditional use approval process.

(58)

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.

(59)

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 doctors.

(60)

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

(61)

Studio: Display of art or decorator's 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.

(62)

Farm, ranch, garden or orchard: An area of three acres or more which is used for growing of usual farm products, vegetables, fruits, trees and grain or 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.

(63)

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.

(64)

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.

(65)

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

(66)

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

(67)

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, planing mill or similar woodworking plant.

(68)

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

(69)

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

(70)

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.

(71)

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 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.

(72)

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.

(73)

Retail stores and shops other than listed: Any establishment not listed in the use schedule, [section] 10-200, offering consumer goods for sale except those uses specifically excluded and listed in other districts.

(74)

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.

(75)

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 bowling alley or billiard parlor.

(76)

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 commission.

(77)

Country club, private membership: An area of 20 acres or more containing a golf course and a clubhouse 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.

(78)

Dance hall or nightclub: An establishment offering to the general public facilities for dancing and entertainment for a fee and subject to licensing and regulation by the city.

(79)

Club, private (business): A clubroom or suite of rooms or a building available to restricted membership for meetings, 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.

(80)

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

(81)

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.

(82)

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 uses as stadiums, field houses, and customary accessory uses.

(83)

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

(84)

Airport or landing field: A landing facility for fixed wing aircraft containing a minimum of 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.

(85)

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.

(86)

Heliport: A landing facility for rotary wing aircraft not exceeding a gross weight of 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.

(87)

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

(88)

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

(89)

Auto laundry: A facility for the washing and steam cleaning of passenger automobiles (including a self-service operation) and which does not generate obnoxious conditions perceptible at the bounding property lines of the tract on which the facility is located.

(90)

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.

(90a)

Parking facility: Any public or private property used, in whole or in part, for restricted and/or paid parking of vehicles. Parking facility includes, but is not limited to, commercial parking lots, parking garages, and parking areas serving or adjacent to businesses, churches, schools, homes, and apartment complexes. Parking facility also includes a restricted portion or portions of an otherwise unrestricted parking facility.

(91)

Wrecking yard, junk and salvage: A yard or building where automobiles, machinery, appliances or other used commodities and equipment are stored, dismantled, and/or offered for sale as whole units or as salvaged parts.

(92)

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.

(93)

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.

(94)

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

(95)

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.

(96)

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.

(97)

Open storage (visual screen): The permitted storage of any equipment or commodity in an open area which is enclosed by a fence or wall or surrounded by a building so as to create an effective visual screening of the storage from the adjacent property.

(98)

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.

(99)

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

(100)

Salvage yard (outside): An open yard for the receiving, sorting, storage or packing of paper, rags, glass, boxes and similar commodities.

(101)

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.

(102)

Mini-warehouse: A building consisting of one or more units providing shelter for commodities stored therein; each unit of said building not to exceed 300 square feet of floor space.

(103)

Electronic cigarette establishment: A business establishment offering for sale and/or on premises use of electronic cigarettes, an electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provides, or is manufactured or intended to provide, a vapor of liquid nicotine and/or other substances mixed with propylene glycol and/or other substances delivered or deliverable to the user that he/she can inhale in simulation of smoking, including every version and type of such devices whether they are manufactured or marketed as electronic cigarettes, e-cigarettes, electronic cigars, e-cigars, electronic pipes, e-pipes, or under any other product name or description.

(104)

Food truck park (court): A property used or developed to accommodate one or more food trucks as the primary use of the property while possibly accommodating areas on the property for entertainment or recreational opportunities. Food truck courts must have a valid certificate occupancy in addition to all other applicable permits and inspections and accommodate all requirements of use.

(105)

Mobile food unit (food truck): An operational motor vehicle and/or enclosed trailer from which food and associated non-alcoholic beverages are prepared, served and/or sold on public or private property for a period of time which exceeds 60 minutes or two instances of 30 minutes each day. This definition shall also apply to any seating, garbage and/or recycling containers, restrooms, gear or equipment that is associated with the food truck's operation (accessory use only; associated primary uses).

10-400 Conditional use permits generally.

10-401 The city commission may, after public hearing and recommendation by the city plan 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, [section] 10-200, in those districts where it is indicated that a conditional use permit for a specific type use may be approved.

10-402 The designation of a conditional use permit as possible on the use schedule, [section] 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.

10-410 Conditions for approval of conditional use permit.

10-411 In considering and determining its recommendation to the city commission relative to any application for a conditional use permit, the city plan commission may require that the applicant furnish plans and data concerning the operation, location, function and characteristics of any use of land or building proposed.

10-412 The city plan commission may recommend to the city commission 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.

10-413 The city commission 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.

10-414 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 amending ordinance.

10-415 A conditional use permit approved under the provisions of this ordinance shall be considered as an amendment to the zoning ordinance as applicable to the property involved. Any of the conditions contained in a conditional use permit shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be considered as conditions precedent to the granting of a certificate of occupancy and compliance for the specific use provided for.

10-500 Limited use.

10-501 Limited use as indicated herein applies to certain service and retail uses, indicated by symbol on the use schedule, [section] 10-200, which are permitted in certain districts as shown and which are to be contained entirely within the main building, do not have an exterior access except through the general building entrances and which have no exterior advertising or signs. Such uses are secondary to the main use and for service to the occupants of the building.

10-600 Classification of new and unlisted uses.

10-601 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 commission 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.

(Ord. No. 03-07, §§ 1—3, 4-15-03; Ord. No. 05-02, art. 1, 1-4-05; Ord. No. 05-20, § 1, 10-18-05; Ord. No. 09-05, § 1, 6-16-09; Ord. No. 10-07, § 1, 3-16-10; Ord. No. 11-02, § 1, 2-15-11; Ord. No. 19-03, 1-15-19; Ord. No. 19-04, 1-15-19; Ord. No. 20-19, §§ 1—3, 10-27-20; Ord. No. 2023-11-02, §§ 1, 2, 11-21-23; Ord. No. 2024-07-03, § 1, 7-16-24)