Zoneomics Logo
search icon

Dellona Town City Zoning Code

SUBCHAPTER IV

PERMITTED, CONDITIONAL, AND SPECIAL EXCEPTION USES

Sec. 7.022.- Purpose.

The purpose of this subchapter is to indicate which land uses may locate in each zoning district and under what standards. Upon compliance with the provisions of this chapter, all applicable standards, and applicable secondary standards as listed in this subchapter, new structures or uses, and new or changing uses, may be permitted in a given zoning district while others may require a conditional use or special exception prior to issuing a land use permit.

Sec. 7.023. - Land use categories and principal uses.

Permitted uses are grouped by category in the use table. Use categories are not zoning districts. Use categories classify land uses and activities based on common functional or physical characteristics. Characteristics include the type and amount of activity, likely impact on surrounding properties, and site conditions. Use categories provide a systematic basis for assigning principal uses to appropriate zoning districts.

Sec. 7.024. - Uses not specifically listed and comparable uses.

Uses not specifically listed in this subchapter are prohibited unless the Zoning Administrator determines that the use is comparable to a listed use. When a use is determined to be comparable, the proposed use shall be subject to the standards of that use. The following criteria shall be used by the Zoning Administrator to assess whether a use is comparable:

(1)

Characteristics. The actual or projected characteristics of the proposed activity in relationship to the stated characteristics of the actual use permitted in the zoning district.

(2)

Area. The relative amount of site area, floor space, and equipment devoted to the activity.

(3)

Sales. Relative amount of sales from each activity.

(4)

Hours. Hours of operation.

(5)

Layout. Building and site arrangement.

(6)

Vehicle type. Types of vehicles used and their parking arrangements.

(7)

Vehicle number. The relative number of vehicle trips generated.

(8)

Impact. The likely overall impact on surrounding properties.

Sec. 7.025. - Uses not permitted or comparable.

Where an unlisted use is found by the Zoning Administrator to be incomparable to any listed use, the use is not permitted.

Sec. 7.026. - Use table key.

The Use Table lists 15 principal land use categories: agricultural uses, art uses, community uses, education uses, food business uses, home business uses, industrial uses, power generation uses, recreational uses, recreational living uses, residential uses, resource uses, retail sales and service uses, storage and fabrication uses, and waste uses. Uses are listed within each principal land use category. The table shows within what zoning district the land use is permitted and the applicable permitting process. Each use must also comply with applicable regulations in this chapter including the issuance of a land use permit by the Zoning Administrator when applicable, and any secondary standards in this subchapter as referenced in the use table key.

(1)

Permitted (P). The use is permitted in the respective zoning district following the issuance of a land use permit by the Zoning Administrator, except as otherwise provided for in this chapter, and is subject to all applicable requirements in this chapter.

(2)

Conditional use (C). The use may be permitted in the respective zoning district only after approval by the agency in accordance with the standards of this chapter, and following the issuance of a land use permit by the Zoning Administrator.

(3)

Blank cell. The use is not permitted in the respective zoning district.

(4)

Special exception (S). The use may be permitted in the respective zoning district only after approval by the Board of Adjustment in accordance with the standards of this chapter, and following the issuance of a land use permit by the Zoning Administrator.

(5)

Primary standards. All uses must meet applicable primary standards. Primary standards include those provisions in Subchapters I to III and Subchapters VI to XI.

(6)

Secondary standards. All uses must meet applicable secondary standards. Secondary standards are those provisions in Subchapter V.

Use Table
All uses must meet applicable primary and secondary standards.
Principal Use (a)
SFR
(b)
MFR
(c)
RUC
(d)
COM
(e)
RCOM
(f)
IND
(g)
EA
(h)
RC
(i)
AG
Secondary standards
7.027 Agricultural uses.
(1) Agriculture incubator P P P P P P
(2) Agriculture-related business C P P C C C
(3) Agricultural tourism C C C C C C § 7.044
(4) Aquaculture facility P P P P § 7.045
(5) Food processing facility P P P P § 7.084
(6) Agriculture P P P § 7.046
(7) Landscaping center C P P C C
(8) Poultry and egg production, beekeeping residential P P P § 7.047
(9) Roadside stand and farmer's market P P P P P P § 7.076
(10) Sawmill C C C C C C § 7.048
(11) Livestock harvest facility C C C C C C § 7.049
(12) Stable and equestrian facility C C C
7.028 Art uses.
(1) Art gallery P P P P P P P P § 7.050
§ 7.052 in EA district only
(2) Art studio P P P P P P P P § 7.050
§ 7.052 in EA district only
7.029 Community uses.
(1) Cemetery, mausoleum C C C C C C § 7.074(1)
(2) Child care center, 8 or fewer people P P P P P P § 7.051
(3) Child care center, 9 or more people C C § 7.051
(4) Government facilities, buildings and uses P P P P P P C P P § 7.074(1)
§ 7.080
(5) Health care facilities P
(6) Places of worship C C C P P C C C § 7.074(1)
7.030 Education uses.
(1) Library, museum C C C P P C C C § 7.074(1)
(2) Public/private elementary and secondary schools, colleges, universities, technical institutes, and related facilities C C C P P C C C § 7.074(1)
7.031 Food business uses.
(1) Eating establishment without alcohol, liquor, or malt beverages P P P
(2) Eating establishment with alcohol, liquor, or malt beverages C C C
(3) Grocery store, confectionary, bakery, deli, and meat market P P P P P P § 7.084
7.032 General uses.
(1) Accessory structure, detached P P P P P P P P P § 7.075
(2) Accessible elements P P P P P P P P P § 7.081
(3) Ponds P/S P/S P/S P/S P/S P/S P/S P/S P/S § 7.063
7.033 Home business uses.
(1) Home-based business P/C P/C P/C P/C P/C P/C P/C P/C § 7.052
7.034 Industrial uses.
(1) Biofuel manufacturing C
(2) Fabrication and assembly of parts P P P
(3) Lab or research facilities P P P
(4) Manufacturing and production of hazardous materials C
(5) Outside product or equipment testing, truck terminals, refining, distribution center C C C
7.035 Recreational uses.
(1) Animal rescue or sanctuary C C C § 7.077
(2) Recreation facility, indoor P P P
(3) Recreation facility, outdoor C C C § 7.053
(4) Sport shooting range C C C C § 7.054
7.036 Recreational living uses.
(1) Bed and breakfast establishment C C C C C C C § 7.083
(2) Campground C § 7.086
(3) Camping P P P P § 7.055
(4) Hotel, motel C P P
(5) Lodging house S S S S S S S § 7.083
(6) Resort C C C § 7.087
7.037 Residential uses.
(1) Community living arrangements P/C P/C P/C P/C P/C P/C § 7.056
(2) Dwelling used temporarily during construction P P P P P P P P § 7.057
(3) Mobile home park and mobile homes C § 7.058
(4) Multiple family dwelling, 2 units P P C C C C C
(5) Multiple family dwelling, 3 or more units P C § 7.075
(6) Single family dwelling P P P P/C P/C P/C P P § 7.075
§ 7.074(3)
Subch. IX
(7) Temporary secondary dwelling for dependency living arrangements or agricultural use C C C C C C C § 7.059
7.038 Resource uses.
(1) Nonmetallic mining site, one acre or greater S § 7.060
§ 7.074(2)
(2) Solar energy system P P P P P P P P P § 7.078
(3) Wind energy system P P P P P P P P P § 7.078
(4) Gasification energy system P P P P § 7.078
(5) Nonmetallic mining site, less than one acre, not exceeding 24 months S P P § 7.061
§ 7.074(2)
(6) Nonmetallic mining site, between one acre and 15 acres, not exceeding 24 months S S S § 7.062
§ 7.074(2)
(7) Transportation, communications, pipeline, electric transmission, utility, or drainage uses P P P P P C C P P § 7.074(1)
(8) Water extraction and removal C C § 7.0625
(9) Mobile tower siting C C C C C C C C C Subch. XI
(10) Aircraft landing fields, bases and hangers C C
7.039 Retail sales and service uses.
(1) Animal grooming, veterinary clinic P P P C C C § 7.085
(2) Auction facility, flea market facilities C P P
(3) Building material sales, indoor storage only P P P P
(4) Building material sales, outdoor storage C C C P
(5) Kennel C C C C C § 7.064
(6) Retail establishment, indoor P P P P
(7) Retail establishment, outdoor C C C C C
(8) Tannery C C
(9) Auto body, vehicle repair and maintenance C C C C C § 7.065
7.040 Storage and fabrication uses.
(1) Bulk storage in excess of 50,000 gal C
(2) Storage yard C C P C C § 7.066
(3) Metal and wood fabrication C P C § 7.079
(4) Warehousing, self-storage facility, or mini-warehousing C C C § 7.067
(5) Wholesale, distribution facility C C § 7.068
(6) Seasonal storage of recreational equipment and motor vehicles P P P § 7.082
(7) Water distribution, wholesale, processing, and treatment C C § 7.0681
(8) Concrete and asphalt plants § 7.0682
7.041 Waste uses.
(1) Composting facility, recycling center, waste transfer station C § 7.069
(2) Junkyard C C § 7.070
(3) Landfill, clean C C C § 7.071
(4) Landfill, sanitary C C § 7.072
(5) Rendering plant facility C C § 7.073
 P = Permitted.
 Blank Cell = Not Permitted.
 C = Conditional Use.
 S = Special Exception.
 P/C = Permitted or Conditional.
 P/S = Permitted or Special Exception.
 SFR = Single Family Residential.
 MFR = Multiple Family Residential.
RUC = Rural Community.
COM = Commercial.
RCOM = Recreation Commercial.
IND = Industrial.
EA = Exclusive Agriculture.
RC = Resource Conservancy.
AG = Agriculture.

 

(Ord. No. 10-2022, Exh. A, 6-28-2022)