Des Moines City Zoning Code

A.
Use Classification System. Uses are listed in the first column of Table 134-3.1-1 of this article. This zoning ordinance classifies uses into categories and subcategories, which are defined in section 134-3.2 of this article. In some cases, specific use types are listed in addition to the use categories and subcategories. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the applicable use definition and any applicable supplemental use regulations.
B.
Permitted Uses. Uses identified with a ⬤ are permitted as-of-right in the subject zoning district, and uses identified with a ◓ are permitted as-of-right in the subject zoning district on upper floors only within primary frontage and in ground floor within non-primary frontage or corner lot, subject to compliance with any supplemental regulations identified in the final column of Table 134-3.1-1 of this article and with all other applicable regulations of this zoning ordinance.^♦
C.
Conditional Uses. Uses identified with 0 symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of section 134-6.4 of this chapter.
D.
Multiple Units. Uses identified with a “w“ or a “r“ are permitted only in zoning districts with a map symbol (abbreviation) that includes a “-2” or “-4” extension, respectively. An N5-4 district, for example, allows up to four household units per lot.
E.
Prohibited Uses. Uses identified with an “–” are expressly prohibited. Uses that are not listed in the table and that cannot be reasonably interpreted pursuant to section 134-3.2 of this article, to fall within any defined use category or subcategory are also prohibited.

F.
Reference. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the use definition and any applicable supplemental use regulations that apply to the subject use. Unless otherwise expressly stated, compliance with supplemental use regulations is required regardless of whether the use is permitted as-of-right or requires conditional use approval.
G.
Accessory Uses. Accessory uses are not regulated by Table 134-3.1-1 of this article. Customary accessory uses are allowed in conjunction with principal uses permitted by right or by conditional use approval, subject to compliance with all applicable accessory use regulations of section 134-3.9 of this article, and of Table 134-3.9-1 of this article when applicable.^♦
H.
Other Uses. Other uses are identified in Table 134-3.1-1 of this article and are subject to the supplemental regulations of section 134-3.8 of this article.

134-3.1 Principal Uses

3.1.1 TABLE OF ALLOWED USES

Principal uses are allowed in accordance with Table 134-3.1-1 of this article.

3.1.2 INTERPRETING THE USE TABLE

A.
Use Classification System. Uses are listed in the first column of Table 134-3.1-1 of this article. This zoning ordinance classifies uses into categories and subcategories, which are defined in section 134-3.2 of this article. In some cases, specific use types are listed in addition to the use categories and subcategories. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the applicable use definition and any applicable supplemental use regulations.
B.
Permitted Uses. Uses identified with a ⬤ are permitted as-of-right in the subject zoning district, and uses identified with a ◓ are permitted as-of-right in the subject zoning district on upper floors only within primary frontage and in ground floor within non-primary frontage or corner lot, subject to compliance with any supplemental regulations identified in the final column of Table 134-3.1-1 of this article and with all other applicable regulations of this zoning ordinance.^♦
C.
Conditional Uses. Uses identified with 0 symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of section 134-6.4 of this chapter.
D.
Multiple Units. Uses identified with a “w“ or a “r“ are permitted only in zoning districts with a map symbol (abbreviation) that includes a “-2” or “-4” extension, respectively. An N5-4 district, for example, allows up to four household units per lot.
E.
Prohibited Uses. Uses identified with an “–” are expressly prohibited. Uses that are not listed in the table and that cannot be reasonably interpreted pursuant to section 134-3.2 of this article, to fall within any defined use category or subcategory are also prohibited.

F.
Reference. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the use definition and any applicable supplemental use regulations that apply to the subject use. Unless otherwise expressly stated, compliance with supplemental use regulations is required regardless of whether the use is permitted as-of-right or requires conditional use approval.
G.
Accessory Uses. Accessory uses are not regulated by Table 134-3.1-1 of this article. Customary accessory uses are allowed in conjunction with principal uses permitted by right or by conditional use approval, subject to compliance with all applicable accessory use regulations of section 134-3.9 of this article, and of Table 134-3.9-1 of this article when applicable.^♦
H.
Other Uses. Other uses are identified in Table 134-3.1-1 of this article and are subject to the supplemental regulations of section 134-3.8 of this article.

134-3.1 Principal Uses

3.1.1 TABLE OF ALLOWED USES

Principal uses are allowed in accordance with Table 134-3.1-1 of this article.

3.1.2 INTERPRETING THE USE TABLE

A.
Use Classification System. Uses are listed in the first column of Table 134-3.1-1 of this article. This zoning ordinance classifies uses into categories and subcategories, which are defined in section 134-3.2 of this article. In some cases, specific use types are listed in addition to the use categories and subcategories. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the applicable use definition and any applicable supplemental use regulations.
B.
Permitted Uses. Uses identified with a ⬤ are permitted as-of-right in the subject zoning district, and uses identified with a ◓ are permitted as-of-right in the subject zoning district on upper floors only within primary frontage and in ground floor within non-primary frontage or corner lot, subject to compliance with any supplemental regulations identified in the final column of Table 134-3.1-1 of this article and with all other applicable regulations of this zoning ordinance.^♦
C.
Conditional Uses. Uses identified with 0 symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of section 134-6.4 of this chapter.
D.
Multiple Units. Uses identified with a “w“ or a “r“ are permitted only in zoning districts with a map symbol (abbreviation) that includes a “-2” or “-4” extension, respectively. An N5-4 district, for example, allows up to four household units per lot.
E.
Prohibited Uses. Uses identified with an “–” are expressly prohibited. Uses that are not listed in the table and that cannot be reasonably interpreted pursuant to section 134-3.2 of this article, to fall within any defined use category or subcategory are also prohibited.

F.
Reference. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the use definition and any applicable supplemental use regulations that apply to the subject use. Unless otherwise expressly stated, compliance with supplemental use regulations is required regardless of whether the use is permitted as-of-right or requires conditional use approval.
G.
Accessory Uses. Accessory uses are not regulated by Table 134-3.1-1 of this article. Customary accessory uses are allowed in conjunction with principal uses permitted by right or by conditional use approval, subject to compliance with all applicable accessory use regulations of section 134-3.9 of this article, and of Table 134-3.9-1 of this article when applicable.^♦
H.
Other Uses. Other uses are identified in Table 134-3.1-1 of this article and are subject to the supplemental regulations of section 134-3.8 of this article.

134-3.1 Principal Uses

3.1.1 TABLE OF ALLOWED USES

Principal uses are allowed in accordance with Table 134-3.1-1 of this article.

3.1.2 INTERPRETING THE USE TABLE

A.
Use Classification System. Uses are listed in the first column of Table 134-3.1-1 of this article. This zoning ordinance classifies uses into categories and subcategories, which are defined in section 134-3.2 of this article. In some cases, specific use types are listed in addition to the use categories and subcategories. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the applicable use definition and any applicable supplemental use regulations.
B.
Permitted Uses. Uses identified with a ⬤ are permitted as-of-right in the subject zoning district, and uses identified with a ◓ are permitted as-of-right in the subject zoning district on upper floors only within primary frontage and in ground floor within non-primary frontage or corner lot, subject to compliance with any supplemental regulations identified in the final column of Table 134-3.1-1 of this article and with all other applicable regulations of this zoning ordinance.^♦
C.
Conditional Uses. Uses identified with 0 symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of section 134-6.4 of this chapter.
D.
Multiple Units. Uses identified with a “w“ or a “r“ are permitted only in zoning districts with a map symbol (abbreviation) that includes a “-2” or “-4” extension, respectively. An N5-4 district, for example, allows up to four household units per lot.
E.
Prohibited Uses. Uses identified with an “–” are expressly prohibited. Uses that are not listed in the table and that cannot be reasonably interpreted pursuant to section 134-3.2 of this article, to fall within any defined use category or subcategory are also prohibited.

F.
Reference. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the use definition and any applicable supplemental use regulations that apply to the subject use. Unless otherwise expressly stated, compliance with supplemental use regulations is required regardless of whether the use is permitted as-of-right or requires conditional use approval.
G.
Accessory Uses. Accessory uses are not regulated by Table 134-3.1-1 of this article. Customary accessory uses are allowed in conjunction with principal uses permitted by right or by conditional use approval, subject to compliance with all applicable accessory use regulations of section 134-3.9 of this article, and of Table 134-3.9-1 of this article when applicable.^♦
H.
Other Uses. Other uses are identified in Table 134-3.1-1 of this article and are subject to the supplemental regulations of section 134-3.8 of this article.

134-3. USES

Principal Uses

TABLE 134-3.1-1. PRINCIPAL USE TABLE
USE CATEGORY	DISTRICTS																					Reference
Use Subcategory	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
Specific Use Type	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
RESIDENTIAL
Household Living
1 household (per lot)											–	–	–						–	–	–	134-3.3.1
2 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
3 to 4 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
5 to 8 households (per lot)^♦	–										–	–	–	–				–	–	–	–	134-3.3.1
9 or more households (per lot)^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.1
Mobile home park	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	134-3.3.1
Group Living
Assisted living facility	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Correctional placement residence	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Family home											–	–	–						–	–	–	134-3.3.2
Home and community-based services waiver recipient residence											–	–	–					–	–	–	–	134-3.3.2
Shelter, temporary	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Other group living uses^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.2
PUBLIC, CIVIC AND INSTITUTIONAL
Airport	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–			134-3.4.1
Assembly
Place of Worship	–											–	–	–	–			–	–		–	134-3.4.2
Place of Assembly	–											–	–	–	–			–	–		–	134-3.4.2
Cemetery
City-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	134-3.4.3
Non-city-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.3
College or University	–				–	–	–					–	–	–	–	–	–	–	–		–	134-3.4.4
Fraternal Organization	–													–	–	–	–	–	–		–	134-3.4.5
Government Administration	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.6
Hospital	–				–	–	–							–	–	–	–	–	–			134-3.4.7
Library or Cultural Exhibit	–													–	–	–	–	–	–		–	134-3.4.8
Public Recreation Areas	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–				134-3.4.9
Postal Service	–													–	–	–	–	–	–		–	134-3.4.10
Safety Service														–	–	–	–	–	–		–	134-3.4.11
School	–													–	–	–	–	–	–		–	134-3.4.12
Utilities
Minor																						134-3.4.13
Major																						134-3.4.13
COMMERCIAL
Adult Entertainment	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.5.1
Animal Service
Boarding		–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.2
Grooming														–	–	–	–	–	–	–	–	134-3.5.2
Stable		–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	134-3.5.2
Veterinary														–	–	–	–	–	–	–	–	134-3.5.2
Assembly and Entertainment
Small	–											–	–	–	–			–	–		–	134-3.5.3
Large	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Events Center	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Broadcast or Recording Studio	–			–	–			–						–	–	–	–	–	–		–	134-3.5.4
Business or Trade School	–													–	–	–	–	–	–	–	–	134-3.5.5
Commercial Service
Consumer Maintenance and Repair^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.6
Personal Service	–											–	–	–	–	–	–	–	–	–	–	134-3.5.6
Studio or Instructional Service	–													–	–	–	–	–	–	–	–	134-3.5.6
Data Center^♦
Minor	–			–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.7
Major	–	–	–	–	–	–	–	–	–	–				–	–	–	–	–	–	–	–	134-3.5.7
Day Care^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.8
Day Services, Adult^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.9
Eating and Drinking Places
Restaurant^♦	–												–	–	–		–	–			–	134-3.5.10
Bar^♦	–				–			–	–				–	–	–	–	–	–			–	134-3.5.10
Financial Service (except as below)	–											–	–	–	–	–	–	–	–	–	–	134-3.5.11
Bail Bonds^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Delayed Deposit Service^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Pawnbroker^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Funeral or Mortuary Service	–	–	–	–	–	–	–		–					–	–	–	–	–	–	–	–	134-3.5.12
Lodging ^♦
Bed & Breakfast											–	–	–					–	–	–	–	134-3.5.13
Hotel/Motel	–				–							–	–	–	–	–	–	–	–	–	–	134-3.5.13
Office
Business or Professional	–													–	–	–	–	–	–		–	134-3.5.14
Medical^♦	–													–	–	–	–	–	–		–	134-3.5.14
Parking, Non-Accessory
Surface Parking Lot	–							–						–	–	–	–	–				134-3.5.15
Parking Structure^♦	–							–						–	–	–	–	–	–		–	134-3.5.15
Retail Sales
Limited^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.16
General^♦	–				–			–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Large-Format^♦	–			–	–	–	–	–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Liquor Store^♦	–	–						–	–					–	–	–	–	–	–	–	–	134-3.5.16
Tobacco Store^♦	–	–	500	500	500	500	500	–	–	500	500	500	500	–	–	–	–	–	–	–	–	134-3.5.16
Self-Service Storage	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.17
Sign, General Advertising	–	–	–	–	–			–	–					–	–	–	–	–	–	–	–	134-3.5.18
Sports & Recreation, Private/Participant
Indoor^♦	–							–	–					–	–	–	–	–			–	134-3.5.19
Outdoor^♦	–	–	–		–	–		–	–					–	–	–	–	–				134-3.5.19
Vehicle Sales and Service
Fuel Station	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Sales	–	–	–	–	–	–		–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Rental	–				–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Minor	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Major	–	–	–	–	–	–	–	–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
INDUSTRIAL
Fabrication and Production
Artisan								–	–					–	–	–	–	–	–	–	–	134-3.6.1
Limited	–	–						–	–					–	–	–	–	–	–	–	–	134-3.6.1
General	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.1
Intensive	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.1
Industrial Service
Light	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.6.2
Intensive	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.2
Storage, Distribution and Wholesaling^♦
Equipment & Material Storage, Outdoor	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Minor^♦	–	–	–	–	–	–		–	–					–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Major^♦	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Warehouse	–	–	–	–	–	–	–	–	–					–	–	–	–	–	–		–	134-3.6.3
Junk or Salvage Yard	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.4
Mining or Mineral Processing	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–		134-3.6.5
AGRICULTURAL^♦
Aquaculture, Aquaponics, Aeroponics, or Hydroponics				–	–	–		–	–					–	–	–	–	–			–	134-3.7.1
Greenhouse, Nursery, Orchard or Truck Farm		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.2
Row Crop Production		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.3
Urban Garden																						134-3.7.4
Urban Farm																						134-3.7.5
OTHERS
Consumer Fireworks Sales^♦	–													–	–	–	–	–	–	–	–	134-3.8.1
Wireless Telecommunications	Refer to Article 4 of this chapter.
Key:^♦
= permitted by right
= permitted on upper floors only within primary frontage, and in ground floor within non-primary frontage
= requires conditional use approval unless eligible for Type 1 Zoning Exception
* = supplemental use regulations apply
– = prohibited
= permitted by right where district includes "-2" extension
= permitted by right where district includes "-4" extension
= permitted except where district includes "-V" extension
= permitted with conditional use approval in NX2a district only
= permitted on major commercial corridors only
500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any tobacco store, place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located.

TABLE 134-3.1-1. PRINCIPAL USE TABLE
USE CATEGORY	DISTRICTS																					Reference
Use Subcategory	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
Specific Use Type	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
RESIDENTIAL
Household Living
1 household (per lot)											–	–	–						–	–	–	134-3.3.1
2 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
3 to 4 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
5 to 8 households (per lot)^♦	–										–	–	–	–				–	–	–	–	134-3.3.1
9 or more households (per lot)^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.1
Mobile home park	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	134-3.3.1
Group Living
Assisted living facility	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Correctional placement residence	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Family home											–	–	–						–	–	–	134-3.3.2
Home and community-based services waiver recipient residence											–	–	–					–	–	–	–	134-3.3.2
Shelter, temporary	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Other group living uses^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.2
PUBLIC, CIVIC AND INSTITUTIONAL
Airport	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–			134-3.4.1
Assembly
Place of Worship	–											–	–	–	–			–	–		–	134-3.4.2
Place of Assembly	–											–	–	–	–			–	–		–	134-3.4.2
Cemetery
City-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	134-3.4.3
Non-city-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.3
College or University	–				–	–	–					–	–	–	–	–	–	–	–		–	134-3.4.4
Fraternal Organization	–													–	–	–	–	–	–		–	134-3.4.5
Government Administration	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.6
Hospital	–				–	–	–							–	–	–	–	–	–			134-3.4.7
Library or Cultural Exhibit	–													–	–	–	–	–	–		–	134-3.4.8
Public Recreation Areas	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–				134-3.4.9
Postal Service	–													–	–	–	–	–	–		–	134-3.4.10
Safety Service														–	–	–	–	–	–		–	134-3.4.11
School	–													–	–	–	–	–	–		–	134-3.4.12
Utilities
Minor																						134-3.4.13
Major																						134-3.4.13
COMMERCIAL
Adult Entertainment	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.5.1
Animal Service
Boarding		–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.2
Grooming														–	–	–	–	–	–	–	–	134-3.5.2
Stable		–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	134-3.5.2
Veterinary														–	–	–	–	–	–	–	–	134-3.5.2
Assembly and Entertainment
Small	–											–	–	–	–			–	–		–	134-3.5.3
Large	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Events Center	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Broadcast or Recording Studio	–			–	–			–						–	–	–	–	–	–		–	134-3.5.4
Business or Trade School	–													–	–	–	–	–	–	–	–	134-3.5.5
Commercial Service
Consumer Maintenance and Repair^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.6
Personal Service	–											–	–	–	–	–	–	–	–	–	–	134-3.5.6
Studio or Instructional Service	–													–	–	–	–	–	–	–	–	134-3.5.6
Data Center^♦
Minor	–			–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.7
Major	–	–	–	–	–	–	–	–	–	–				–	–	–	–	–	–	–	–	134-3.5.7
Day Care^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.8
Day Services, Adult^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.9
Eating and Drinking Places
Restaurant^♦	–												–	–	–		–	–			–	134-3.5.10
Bar^♦	–				–			–	–				–	–	–	–	–	–			–	134-3.5.10
Financial Service (except as below)	–											–	–	–	–	–	–	–	–	–	–	134-3.5.11
Bail Bonds^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Delayed Deposit Service^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Pawnbroker^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Funeral or Mortuary Service	–	–	–	–	–	–	–		–					–	–	–	–	–	–	–	–	134-3.5.12
Lodging ^♦
Bed & Breakfast											–	–	–					–	–	–	–	134-3.5.13
Hotel/Motel	–				–							–	–	–	–	–	–	–	–	–	–	134-3.5.13
Office
Business or Professional	–													–	–	–	–	–	–		–	134-3.5.14
Medical^♦	–													–	–	–	–	–	–		–	134-3.5.14
Parking, Non-Accessory
Surface Parking Lot	–							–						–	–	–	–	–				134-3.5.15
Parking Structure^♦	–							–						–	–	–	–	–	–		–	134-3.5.15
Retail Sales
Limited^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.16
General^♦	–				–			–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Large-Format^♦	–			–	–	–	–	–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Liquor Store^♦	–	–						–	–					–	–	–	–	–	–	–	–	134-3.5.16
Tobacco Store^♦	–	–	500	500	500	500	500	–	–	500	500	500	500	–	–	–	–	–	–	–	–	134-3.5.16
Self-Service Storage	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.17
Sign, General Advertising	–	–	–	–	–			–	–					–	–	–	–	–	–	–	–	134-3.5.18
Sports & Recreation, Private/Participant
Indoor^♦	–							–	–					–	–	–	–	–			–	134-3.5.19
Outdoor^♦	–	–	–		–	–		–	–					–	–	–	–	–				134-3.5.19
Vehicle Sales and Service
Fuel Station	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Sales	–	–	–	–	–	–		–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Rental	–				–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Minor	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Major	–	–	–	–	–	–	–	–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
INDUSTRIAL
Fabrication and Production
Artisan								–	–					–	–	–	–	–	–	–	–	134-3.6.1
Limited	–	–						–	–					–	–	–	–	–	–	–	–	134-3.6.1
General	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.1
Intensive	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.1
Industrial Service
Light	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.6.2
Intensive	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.2
Storage, Distribution and Wholesaling^♦
Equipment & Material Storage, Outdoor	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Minor^♦	–	–	–	–	–	–		–	–					–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Major^♦	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Warehouse	–	–	–	–	–	–	–	–	–					–	–	–	–	–	–		–	134-3.6.3
Junk or Salvage Yard	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.4
Mining or Mineral Processing	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–		134-3.6.5
AGRICULTURAL^♦
Aquaculture, Aquaponics, Aeroponics, or Hydroponics				–	–	–		–	–					–	–	–	–	–			–	134-3.7.1
Greenhouse, Nursery, Orchard or Truck Farm		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.2
Row Crop Production		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.3
Urban Garden																						134-3.7.4
Urban Farm																						134-3.7.5
OTHERS
Consumer Fireworks Sales^♦	–													–	–	–	–	–	–	–	–	134-3.8.1
Wireless Telecommunications	Refer to Article 4 of this chapter.
Key:^♦
= permitted by right
= permitted on upper floors only within primary frontage, and in ground floor within non-primary frontage
= requires conditional use approval unless eligible for Type 1 Zoning Exception
* = supplemental use regulations apply
– = prohibited
= permitted by right where district includes "-2" extension
= permitted by right where district includes "-4" extension
= permitted except where district includes "-V" extension
= permitted with conditional use approval in NX2a district only
= permitted on major commercial corridors only
500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any tobacco store, place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located.

TABLE 134-3.1-1. PRINCIPAL USE TABLE
USE CATEGORY	DISTRICTS																					Reference
Use Subcategory	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
Specific Use Type	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
RESIDENTIAL
Household Living
1 household (per lot)											–	–	–						–	–	–	134-3.3.1
2 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
3 to 4 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
5 to 8 households (per lot)^♦	–										–	–	–	–				–	–	–	–	134-3.3.1
9 or more households (per lot)^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.1
Mobile home park	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	134-3.3.1
Group Living
Assisted living facility	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Correctional placement residence	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Family home											–	–	–						–	–	–	134-3.3.2
Home and community-based services waiver recipient residence											–	–	–					–	–	–	–	134-3.3.2
Shelter, temporary	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Other group living uses^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.2
PUBLIC, CIVIC AND INSTITUTIONAL
Airport	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–			134-3.4.1
Assembly
Place of Worship	–											–	–	–	–			–	–		–	134-3.4.2
Place of Assembly	–											–	–	–	–			–	–		–	134-3.4.2
Cemetery
City-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	134-3.4.3
Non-city-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.3
College or University	–				–	–	–					–	–	–	–	–	–	–	–		–	134-3.4.4
Fraternal Organization	–													–	–	–	–	–	–		–	134-3.4.5
Government Administration	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.6
Hospital	–				–	–	–							–	–	–	–	–	–			134-3.4.7
Library or Cultural Exhibit	–													–	–	–	–	–	–		–	134-3.4.8
Public Recreation Areas	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–				134-3.4.9
Postal Service	–													–	–	–	–	–	–		–	134-3.4.10
Safety Service														–	–	–	–	–	–		–	134-3.4.11
School	–													–	–	–	–	–	–		–	134-3.4.12
Utilities
Minor																						134-3.4.13
Major																						134-3.4.13
COMMERCIAL
Adult Entertainment	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.5.1
Animal Service
Boarding		–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.2
Grooming														–	–	–	–	–	–	–	–	134-3.5.2
Stable		–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	134-3.5.2
Veterinary														–	–	–	–	–	–	–	–	134-3.5.2
Assembly and Entertainment
Small	–											–	–	–	–			–	–		–	134-3.5.3
Large	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Events Center	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Broadcast or Recording Studio	–			–	–			–						–	–	–	–	–	–		–	134-3.5.4
Business or Trade School	–													–	–	–	–	–	–	–	–	134-3.5.5
Commercial Service
Consumer Maintenance and Repair^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.6
Personal Service	–											–	–	–	–	–	–	–	–	–	–	134-3.5.6
Studio or Instructional Service	–													–	–	–	–	–	–	–	–	134-3.5.6
Data Center^♦
Minor	–			–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.7
Major	–	–	–	–	–	–	–	–	–	–				–	–	–	–	–	–	–	–	134-3.5.7
Day Care^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.8
Day Services, Adult^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.9
Eating and Drinking Places
Restaurant^♦	–												–	–	–		–	–			–	134-3.5.10
Bar^♦	–				–			–	–				–	–	–	–	–	–			–	134-3.5.10
Financial Service (except as below)	–											–	–	–	–	–	–	–	–	–	–	134-3.5.11
Bail Bonds^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Delayed Deposit Service^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Pawnbroker^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Funeral or Mortuary Service	–	–	–	–	–	–	–		–					–	–	–	–	–	–	–	–	134-3.5.12
Lodging ^♦
Bed & Breakfast											–	–	–					–	–	–	–	134-3.5.13
Hotel/Motel	–				–							–	–	–	–	–	–	–	–	–	–	134-3.5.13
Office
Business or Professional	–													–	–	–	–	–	–		–	134-3.5.14
Medical^♦	–													–	–	–	–	–	–		–	134-3.5.14
Parking, Non-Accessory
Surface Parking Lot	–							–						–	–	–	–	–				134-3.5.15
Parking Structure^♦	–							–						–	–	–	–	–	–		–	134-3.5.15
Retail Sales
Limited^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.16
General^♦	–				–			–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Large-Format^♦	–			–	–	–	–	–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Liquor Store^♦	–	–						–	–					–	–	–	–	–	–	–	–	134-3.5.16
Tobacco Store^♦	–	–	500	500	500	500	500	–	–	500	500	500	500	–	–	–	–	–	–	–	–	134-3.5.16
Self-Service Storage	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.17
Sign, General Advertising	–	–	–	–	–			–	–					–	–	–	–	–	–	–	–	134-3.5.18
Sports & Recreation, Private/Participant
Indoor^♦	–							–	–					–	–	–	–	–			–	134-3.5.19
Outdoor^♦	–	–	–		–	–		–	–					–	–	–	–	–				134-3.5.19
Vehicle Sales and Service
Fuel Station	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Sales	–	–	–	–	–	–		–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Rental	–				–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Minor	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Major	–	–	–	–	–	–	–	–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
INDUSTRIAL
Fabrication and Production
Artisan								–	–					–	–	–	–	–	–	–	–	134-3.6.1
Limited	–	–						–	–					–	–	–	–	–	–	–	–	134-3.6.1
General	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.1
Intensive	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.1
Industrial Service
Light	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.6.2
Intensive	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.2
Storage, Distribution and Wholesaling^♦
Equipment & Material Storage, Outdoor	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Minor^♦	–	–	–	–	–	–		–	–					–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Major^♦	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Warehouse	–	–	–	–	–	–	–	–	–					–	–	–	–	–	–		–	134-3.6.3
Junk or Salvage Yard	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.4
Mining or Mineral Processing	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–		134-3.6.5
AGRICULTURAL^♦
Aquaculture, Aquaponics, Aeroponics, or Hydroponics				–	–	–		–	–					–	–	–	–	–			–	134-3.7.1
Greenhouse, Nursery, Orchard or Truck Farm		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.2
Row Crop Production		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.3
Urban Garden																						134-3.7.4
Urban Farm																						134-3.7.5
OTHERS
Consumer Fireworks Sales^♦	–													–	–	–	–	–	–	–	–	134-3.8.1
Wireless Telecommunications	Refer to Article 4 of this chapter.
Key:^♦
= permitted by right
= permitted on upper floors only within primary frontage, and in ground floor within non-primary frontage
= requires conditional use approval unless eligible for Type 1 Zoning Exception
* = supplemental use regulations apply
– = prohibited
= permitted by right where district includes "-2" extension
= permitted by right where district includes "-4" extension
= permitted except where district includes "-V" extension
= permitted with conditional use approval in NX2a district only
= permitted on major commercial corridors only
500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any tobacco store, place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located.

TABLE 134-3.1-1. PRINCIPAL USE TABLE
USE CATEGORY	DISTRICTS																					Reference
Use Subcategory	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
Specific Use Type	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
RESIDENTIAL
Household Living
1 household (per lot)											–	–	–						–	–	–	134-3.3.1
2 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
3 to 4 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
5 to 8 households (per lot)^♦	–										–	–	–	–				–	–	–	–	134-3.3.1
9 or more households (per lot)^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.1
Mobile home park	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	134-3.3.1
Group Living
Assisted living facility	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Correctional placement residence	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Family home											–	–	–						–	–	–	134-3.3.2
Home and community-based services waiver recipient residence											–	–	–					–	–	–	–	134-3.3.2
Shelter, temporary	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Other group living uses^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.2
PUBLIC, CIVIC AND INSTITUTIONAL
Airport	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–			134-3.4.1
Assembly
Place of Worship	–											–	–	–	–			–	–		–	134-3.4.2
Place of Assembly	–											–	–	–	–			–	–		–	134-3.4.2
Cemetery
City-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	134-3.4.3
Non-city-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.3
College or University	–				–	–	–					–	–	–	–	–	–	–	–		–	134-3.4.4
Fraternal Organization	–													–	–	–	–	–	–		–	134-3.4.5
Government Administration	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.6
Hospital	–				–	–	–							–	–	–	–	–	–			134-3.4.7
Library or Cultural Exhibit	–													–	–	–	–	–	–		–	134-3.4.8
Public Recreation Areas	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–				134-3.4.9
Postal Service	–													–	–	–	–	–	–		–	134-3.4.10
Safety Service														–	–	–	–	–	–		–	134-3.4.11
School	–													–	–	–	–	–	–		–	134-3.4.12
Utilities
Minor																						134-3.4.13
Major																						134-3.4.13
COMMERCIAL
Adult Entertainment	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.5.1
Animal Service
Boarding		–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.2
Grooming														–	–	–	–	–	–	–	–	134-3.5.2
Stable		–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	134-3.5.2
Veterinary														–	–	–	–	–	–	–	–	134-3.5.2
Assembly and Entertainment
Small	–											–	–	–	–			–	–		–	134-3.5.3
Large	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Events Center	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Broadcast or Recording Studio	–			–	–			–						–	–	–	–	–	–		–	134-3.5.4
Business or Trade School	–													–	–	–	–	–	–	–	–	134-3.5.5
Commercial Service
Consumer Maintenance and Repair^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.6
Personal Service	–											–	–	–	–	–	–	–	–	–	–	134-3.5.6
Studio or Instructional Service	–													–	–	–	–	–	–	–	–	134-3.5.6
Data Center^♦
Minor	–			–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.7
Major	–	–	–	–	–	–	–	–	–	–				–	–	–	–	–	–	–	–	134-3.5.7
Day Care^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.8
Day Services, Adult^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.9
Eating and Drinking Places
Restaurant^♦	–												–	–	–		–	–			–	134-3.5.10
Bar^♦	–				–			–	–				–	–	–	–	–	–			–	134-3.5.10
Financial Service (except as below)	–											–	–	–	–	–	–	–	–	–	–	134-3.5.11
Bail Bonds^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Delayed Deposit Service^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Pawnbroker^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Funeral or Mortuary Service	–	–	–	–	–	–	–		–					–	–	–	–	–	–	–	–	134-3.5.12
Lodging ^♦
Bed & Breakfast											–	–	–					–	–	–	–	134-3.5.13
Hotel/Motel	–				–							–	–	–	–	–	–	–	–	–	–	134-3.5.13
Office
Business or Professional	–													–	–	–	–	–	–		–	134-3.5.14
Medical^♦	–													–	–	–	–	–	–		–	134-3.5.14
Parking, Non-Accessory
Surface Parking Lot	–							–						–	–	–	–	–				134-3.5.15
Parking Structure^♦	–							–						–	–	–	–	–	–		–	134-3.5.15
Retail Sales
Limited^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.16
General^♦	–				–			–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Large-Format^♦	–			–	–	–	–	–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Liquor Store^♦	–	–						–	–					–	–	–	–	–	–	–	–	134-3.5.16
Tobacco Store^♦	–	–	500	500	500	500	500	–	–	500	500	500	500	–	–	–	–	–	–	–	–	134-3.5.16
Self-Service Storage	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.17
Sign, General Advertising	–	–	–	–	–			–	–					–	–	–	–	–	–	–	–	134-3.5.18
Sports & Recreation, Private/Participant
Indoor^♦	–							–	–					–	–	–	–	–			–	134-3.5.19
Outdoor^♦	–	–	–		–	–		–	–					–	–	–	–	–				134-3.5.19
Vehicle Sales and Service
Fuel Station	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Sales	–	–	–	–	–	–		–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Rental	–				–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Minor	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Major	–	–	–	–	–	–	–	–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
INDUSTRIAL
Fabrication and Production
Artisan								–	–					–	–	–	–	–	–	–	–	134-3.6.1
Limited	–	–						–	–					–	–	–	–	–	–	–	–	134-3.6.1
General	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.1
Intensive	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.1
Industrial Service
Light	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.6.2
Intensive	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.2
Storage, Distribution and Wholesaling^♦
Equipment & Material Storage, Outdoor	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Minor^♦	–	–	–	–	–	–		–	–					–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Major^♦	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Warehouse	–	–	–	–	–	–	–	–	–					–	–	–	–	–	–		–	134-3.6.3
Junk or Salvage Yard	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.4
Mining or Mineral Processing	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–		134-3.6.5
AGRICULTURAL^♦
Aquaculture, Aquaponics, Aeroponics, or Hydroponics				–	–	–		–	–					–	–	–	–	–			–	134-3.7.1
Greenhouse, Nursery, Orchard or Truck Farm		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.2
Row Crop Production		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.3
Urban Garden																						134-3.7.4
Urban Farm																						134-3.7.5
OTHERS
Consumer Fireworks Sales^♦	–													–	–	–	–	–	–	–	–	134-3.8.1
Wireless Telecommunications	Refer to Article 4 of this chapter.
Key:^♦
= permitted by right
= permitted on upper floors only within primary frontage, and in ground floor within non-primary frontage
= requires conditional use approval unless eligible for Type 1 Zoning Exception
* = supplemental use regulations apply
– = prohibited
= permitted by right where district includes "-2" extension
= permitted by right where district includes "-4" extension
= permitted except where district includes "-V" extension
= permitted with conditional use approval in NX2a district only
= permitted on major commercial corridors only
500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any tobacco store, place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located.

134-3. USES

Use Classifications

134-3.2 Use Classifications

3.2.1 GENERAL

This section establishes and describes the use classification system used to classify principal uses in this zoning ordinance.

3.2.2 USE CATEGORIES

This zoning ordinance classifies principal land uses into six major groupings as described in sections 134-3.3 of this article through 134-3.8 of this article. These major groupings are referred to as “use categories.” The use categories are as follows:

A.
Residential. See section 134-3.3 of this article.
B.
Public, Civic and Institutional. See section 134-3.4 of this article.
C.
Commercial. See section 134-3.5 of this article.
D.
Industrial. See section 134-3.6 of this article.
E.
Agricultural. See section 134-3.7 of this article.
F.
Other. See section 134-3.8 of this article.

3.2.3 USE SUBCATEGORIES

Each use category is further divided into more specific “subcategories.” Use subcategories classify principal land uses and activities based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions.

3.2.4 SPECIFIC USE TYPES

Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.

3.2.5 DETERMINATION OF USE CATEGORIES AND SUBCATEGORIES

A.
The neighborhood services director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this article.

B.
When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the neighborhood services director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this article. In making such determinations, the neighborhood development director must consider:
1. 1.
  The types of activities that will occur in conjunction with the use;
2. 2.
  The types of equipment and processes to be used;
3. 3.
  The existence, number and frequency of residents, customers or employees;
4. 4.
  Parking demands associated with the use; and
5. 5.
  Other factors deemed relevant to a use determination.
C.
If a use can reasonably be classified in multiple categories, subcategories or specific use types, the neighborhood services director is authorized to categorize each use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate “fit.”

134-3.3 Residential Use Category

This category includes uses that provide living accommodations for one or more persons. The residential use subcategories are as follows.

3.3.1 HOUSEHOLD LIVING

Residential occupancy of a household unit by a household. When household units are rented, tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered household living; they are considered a form of lodging. Households involving residential rental shall also comply with all requirements of chapter 60 of this code.

134-3.2 Use Classifications

3.2.1 GENERAL

This section establishes and describes the use classification system used to classify principal uses in this zoning ordinance.

3.2.2 USE CATEGORIES

A.
Residential. See section 134-3.3 of this article.
B.
Public, Civic and Institutional. See section 134-3.4 of this article.
C.
Commercial. See section 134-3.5 of this article.
D.
Industrial. See section 134-3.6 of this article.
E.
Agricultural. See section 134-3.7 of this article.
F.
Other. See section 134-3.8 of this article.

3.2.3 USE SUBCATEGORIES

3.2.4 SPECIFIC USE TYPES

Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.

3.2.5 DETERMINATION OF USE CATEGORIES AND SUBCATEGORIES

A.
The neighborhood services director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this article.

B.
When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the neighborhood services director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this article. In making such determinations, the neighborhood development director must consider:
1. 1.
  The types of activities that will occur in conjunction with the use;
2. 2.
  The types of equipment and processes to be used;
3. 3.
  The existence, number and frequency of residents, customers or employees;
4. 4.
  Parking demands associated with the use; and
5. 5.
  Other factors deemed relevant to a use determination.
C.
If a use can reasonably be classified in multiple categories, subcategories or specific use types, the neighborhood services director is authorized to categorize each use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate “fit.”

134-3.3 Residential Use Category

This category includes uses that provide living accommodations for one or more persons. The residential use subcategories are as follows.

3.3.1 HOUSEHOLD LIVING

134-3.2 Use Classifications

3.2.1 GENERAL

This section establishes and describes the use classification system used to classify principal uses in this zoning ordinance.

3.2.2 USE CATEGORIES

A.
Residential. See section 134-3.3 of this article.
B.
Public, Civic and Institutional. See section 134-3.4 of this article.
C.
Commercial. See section 134-3.5 of this article.
D.
Industrial. See section 134-3.6 of this article.
E.
Agricultural. See section 134-3.7 of this article.
F.
Other. See section 134-3.8 of this article.

3.2.3 USE SUBCATEGORIES

3.2.4 SPECIFIC USE TYPES

Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.

3.2.5 DETERMINATION OF USE CATEGORIES AND SUBCATEGORIES

A.
The neighborhood services director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this article.

B.
When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the neighborhood services director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this article. In making such determinations, the neighborhood development director must consider:
1. 1.
  The types of activities that will occur in conjunction with the use;
2. 2.
  The types of equipment and processes to be used;
3. 3.
  The existence, number and frequency of residents, customers or employees;
4. 4.
  Parking demands associated with the use; and
5. 5.
  Other factors deemed relevant to a use determination.
C.
If a use can reasonably be classified in multiple categories, subcategories or specific use types, the neighborhood services director is authorized to categorize each use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate “fit.”

134-3.3 Residential Use Category

This category includes uses that provide living accommodations for one or more persons. The residential use subcategories are as follows.

3.3.1 HOUSEHOLD LIVING

134-3.2 Use Classifications

3.2.1 GENERAL

This section establishes and describes the use classification system used to classify principal uses in this zoning ordinance.

3.2.2 USE CATEGORIES

A.
Residential. See section 134-3.3 of this article.
B.
Public, Civic and Institutional. See section 134-3.4 of this article.
C.
Commercial. See section 134-3.5 of this article.
D.
Industrial. See section 134-3.6 of this article.
E.
Agricultural. See section 134-3.7 of this article.
F.
Other. See section 134-3.8 of this article.

3.2.3 USE SUBCATEGORIES

3.2.4 SPECIFIC USE TYPES

Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.

3.2.5 DETERMINATION OF USE CATEGORIES AND SUBCATEGORIES

A.
The neighborhood services director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this article.

B.
When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the neighborhood services director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this article. In making such determinations, the neighborhood development director must consider:
1. 1.
  The types of activities that will occur in conjunction with the use;
2. 2.
  The types of equipment and processes to be used;
3. 3.
  The existence, number and frequency of residents, customers or employees;
4. 4.
  Parking demands associated with the use; and
5. 5.
  Other factors deemed relevant to a use determination.
C.
If a use can reasonably be classified in multiple categories, subcategories or specific use types, the neighborhood services director is authorized to categorize each use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate “fit.”

134-3.3 Residential Use Category

This category includes uses that provide living accommodations for one or more persons. The residential use subcategories are as follows.

3.3.1 HOUSEHOLD LIVING

134-3. USES

Residential Use Category

3.3.2 GROUP LIVING

Residential occupancy of a building or any portion of a building by a group other than a household, subject to compliance with the occupancy limitations set forth in the International Property Maintenance Code. The number of occupants per group living use shall not exceed the number of occupants permitted by the minimum area requirements of the occupancy limitations set forth in the International Property Maintenance Code or any more restrictive number of occupants specified in this section. Structures containing group living uses contain individual rooms with private or shared bathroom facilities and may also contain shared kitchen facilities, or common dining and living areas for residents. Residents may or may not receive any combination of care, training, or treatment, but those receiving such services must reside at the site. Examples of group living use types include assisted living facilities. When household units are rented, tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered group living; they are considered a form of lodging. Group living uses involving rental shall also comply with all requirements of chapter 60 of this code.

A.
Assisted Living Facility. An assisted living facility is a group living use consisting of individual rooms or household units where meals and assistance with daily living activities are provided to the residents, who may be elderly persons. Assisted living facilities must be licensed as a residential care facility, intermediate care facility or nursing facility under Iowa Code chapter 135C.1. For purposes of this chapter, hospice programs licensed under Iowa Code chapter 135J are considered assisted living facilities.
B.
Correctional Placement Residence
1. 1.
  A correctional placement residence is a group living use occupied by three or more persons who have been convicted of public offenses and who have been released to such facility during any period of:
  1. a.
    Probation;

b.
Work release while serving a sentence in a correctional institution; or
c.
Assignment to the judicial district department of correctional services after receiving a deferred sentence.

2.
Correctional placement residences are subject to the following supplemental use regulations:
1. a.
  The proposed location must provide residents with adequate access to public transportation.
2. b.
  A permit for such use is subject to reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3. c.
  Each bedroom within the residence must contain:
  1. i.
    Beds for no more than four residents,
  2. ii.
    At least 80 square feet of usable floor space per bed, except a minimum of 60 square feet of usable floor space per bed is permitted for those correctional placement residences that are constructed after July 1, 1991 and are owned or leased and administered by the fifth judicial district department of correctional services as part of a community-based correctional program under Iowa Code section 905, and
  3. iii.
    Usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.

3.3.2 GROUP LIVING

A.
Assisted Living Facility. An assisted living facility is a group living use consisting of individual rooms or household units where meals and assistance with daily living activities are provided to the residents, who may be elderly persons. Assisted living facilities must be licensed as a residential care facility, intermediate care facility or nursing facility under Iowa Code chapter 135C.1. For purposes of this chapter, hospice programs licensed under Iowa Code chapter 135J are considered assisted living facilities.
B.
Correctional Placement Residence
1. 1.
  A correctional placement residence is a group living use occupied by three or more persons who have been convicted of public offenses and who have been released to such facility during any period of:
  1. a.
    Probation;

b.
Work release while serving a sentence in a correctional institution; or
c.
Assignment to the judicial district department of correctional services after receiving a deferred sentence.

2.
Correctional placement residences are subject to the following supplemental use regulations:
1. a.
  The proposed location must provide residents with adequate access to public transportation.
2. b.
  A permit for such use is subject to reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3. c.
  Each bedroom within the residence must contain:
  1. i.
    Beds for no more than four residents,
  2. ii.
    At least 80 square feet of usable floor space per bed, except a minimum of 60 square feet of usable floor space per bed is permitted for those correctional placement residences that are constructed after July 1, 1991 and are owned or leased and administered by the fifth judicial district department of correctional services as part of a community-based correctional program under Iowa Code section 905, and
  3. iii.
    Usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.

3.3.2 GROUP LIVING

A.
Assisted Living Facility. An assisted living facility is a group living use consisting of individual rooms or household units where meals and assistance with daily living activities are provided to the residents, who may be elderly persons. Assisted living facilities must be licensed as a residential care facility, intermediate care facility or nursing facility under Iowa Code chapter 135C.1. For purposes of this chapter, hospice programs licensed under Iowa Code chapter 135J are considered assisted living facilities.
B.
Correctional Placement Residence
1. 1.
  A correctional placement residence is a group living use occupied by three or more persons who have been convicted of public offenses and who have been released to such facility during any period of:
  1. a.
    Probation;

b.
Work release while serving a sentence in a correctional institution; or
c.
Assignment to the judicial district department of correctional services after receiving a deferred sentence.

2.
Correctional placement residences are subject to the following supplemental use regulations:
1. a.
  The proposed location must provide residents with adequate access to public transportation.
2. b.
  A permit for such use is subject to reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3. c.
  Each bedroom within the residence must contain:
  1. i.
    Beds for no more than four residents,
  2. ii.
    At least 80 square feet of usable floor space per bed, except a minimum of 60 square feet of usable floor space per bed is permitted for those correctional placement residences that are constructed after July 1, 1991 and are owned or leased and administered by the fifth judicial district department of correctional services as part of a community-based correctional program under Iowa Code section 905, and
  3. iii.
    Usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.

3.3.2 GROUP LIVING

A.
Assisted Living Facility. An assisted living facility is a group living use consisting of individual rooms or household units where meals and assistance with daily living activities are provided to the residents, who may be elderly persons. Assisted living facilities must be licensed as a residential care facility, intermediate care facility or nursing facility under Iowa Code chapter 135C.1. For purposes of this chapter, hospice programs licensed under Iowa Code chapter 135J are considered assisted living facilities.
B.
Correctional Placement Residence
1. 1.
  A correctional placement residence is a group living use occupied by three or more persons who have been convicted of public offenses and who have been released to such facility during any period of:
  1. a.
    Probation;

b.
Work release while serving a sentence in a correctional institution; or
c.
Assignment to the judicial district department of correctional services after receiving a deferred sentence.

2.
Correctional placement residences are subject to the following supplemental use regulations:
1. a.
  The proposed location must provide residents with adequate access to public transportation.
2. b.
  A permit for such use is subject to reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3. c.
  Each bedroom within the residence must contain:
  1. i.
    Beds for no more than four residents,
  2. ii.
    At least 80 square feet of usable floor space per bed, except a minimum of 60 square feet of usable floor space per bed is permitted for those correctional placement residences that are constructed after July 1, 1991 and are owned or leased and administered by the fifth judicial district department of correctional services as part of a community-based correctional program under Iowa Code section 905, and
  3. iii.
    Usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.

134-3. USES

Residential Use Category

d.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
e.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
f.
Each correctional placement residence must provide supervision 24 hours per day by persons responsible for the care of the residents.
g.
New correctional placement residences may not be located within 1,320 feet of any existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

C.
Family Home
1. 1.
  A family home is any of the following:

a.
A community-based residential home licensed as a residential care facility under Iowa Code chapter 135C, or as a child foster care facility under Iowa Code chapter 237, to provide room and board, personal care, rehabilitation services, and supervision in a family environment exclusively for not more than eight persons with a developmental disability or brain injury, as defined by Iowa Code chapter 414.22, and any support personnel. A family home does not mean an individual foster care family home licensed under Iowa Code chapter 237.
b.
A home for persons with disabilities as defined by Iowa Code chapter 504C.
c.
An elder group home as defined by Iowa Code chapter 231B.
d.
A residential facility, occupied by three or more persons under the supervision of one or more persons, wherein the individuals supervised have disabilities other than those specified in subsection (a) above that hinder their functioning in society and require the protection and supervision of a group environment to facilitate their becoming functional members of society.

2.
New family homes owned and operated by public or private agencies must be dispersed throughout residential districts and may not be located within contiguous city block areas pursuant to Iowa Code section 414.22.

D.
Home and Community-Based Services Waiver Recipient Residence
A single-household dwelling owned or rented by a recipient of a home and community-based services waiver approved by the federal government and implemented under the medical assistance program as defined in Iowa Code chapter 249A; or a multi-

d.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
e.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
f.
Each correctional placement residence must provide supervision 24 hours per day by persons responsible for the care of the residents.
g.
New correctional placement residences may not be located within 1,320 feet of any existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

C.
Family Home
1. 1.
  A family home is any of the following:

a.
A community-based residential home licensed as a residential care facility under Iowa Code chapter 135C, or as a child foster care facility under Iowa Code chapter 237, to provide room and board, personal care, rehabilitation services, and supervision in a family environment exclusively for not more than eight persons with a developmental disability or brain injury, as defined by Iowa Code chapter 414.22, and any support personnel. A family home does not mean an individual foster care family home licensed under Iowa Code chapter 237.
b.
A home for persons with disabilities as defined by Iowa Code chapter 504C.
c.
An elder group home as defined by Iowa Code chapter 231B.
d.
A residential facility, occupied by three or more persons under the supervision of one or more persons, wherein the individuals supervised have disabilities other than those specified in subsection (a) above that hinder their functioning in society and require the protection and supervision of a group environment to facilitate their becoming functional members of society.

2.
New family homes owned and operated by public or private agencies must be dispersed throughout residential districts and may not be located within contiguous city block areas pursuant to Iowa Code section 414.22.

D.
Home and Community-Based Services Waiver Recipient Residence
A single-household dwelling owned or rented by a recipient of a home and community-based services waiver approved by the federal government and implemented under the medical assistance program as defined in Iowa Code chapter 249A; or a multi-

d.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
e.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
f.
Each correctional placement residence must provide supervision 24 hours per day by persons responsible for the care of the residents.
g.
New correctional placement residences may not be located within 1,320 feet of any existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

C.
Family Home
1. 1.
  A family home is any of the following:

a.
A community-based residential home licensed as a residential care facility under Iowa Code chapter 135C, or as a child foster care facility under Iowa Code chapter 237, to provide room and board, personal care, rehabilitation services, and supervision in a family environment exclusively for not more than eight persons with a developmental disability or brain injury, as defined by Iowa Code chapter 414.22, and any support personnel. A family home does not mean an individual foster care family home licensed under Iowa Code chapter 237.
b.
A home for persons with disabilities as defined by Iowa Code chapter 504C.
c.
An elder group home as defined by Iowa Code chapter 231B.
d.
A residential facility, occupied by three or more persons under the supervision of one or more persons, wherein the individuals supervised have disabilities other than those specified in subsection (a) above that hinder their functioning in society and require the protection and supervision of a group environment to facilitate their becoming functional members of society.

2.
New family homes owned and operated by public or private agencies must be dispersed throughout residential districts and may not be located within contiguous city block areas pursuant to Iowa Code section 414.22.

D.
Home and Community-Based Services Waiver Recipient Residence
A single-household dwelling owned or rented by a recipient of a home and community-based services waiver approved by the federal government and implemented under the medical assistance program as defined in Iowa Code chapter 249A; or a multi-

d.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
e.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
f.
Each correctional placement residence must provide supervision 24 hours per day by persons responsible for the care of the residents.
g.
New correctional placement residences may not be located within 1,320 feet of any existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

C.
Family Home
1. 1.
  A family home is any of the following:

a.
A community-based residential home licensed as a residential care facility under Iowa Code chapter 135C, or as a child foster care facility under Iowa Code chapter 237, to provide room and board, personal care, rehabilitation services, and supervision in a family environment exclusively for not more than eight persons with a developmental disability or brain injury, as defined by Iowa Code chapter 414.22, and any support personnel. A family home does not mean an individual foster care family home licensed under Iowa Code chapter 237.
b.
A home for persons with disabilities as defined by Iowa Code chapter 504C.
c.
An elder group home as defined by Iowa Code chapter 231B.
d.
A residential facility, occupied by three or more persons under the supervision of one or more persons, wherein the individuals supervised have disabilities other than those specified in subsection (a) above that hinder their functioning in society and require the protection and supervision of a group environment to facilitate their becoming functional members of society.

2.
New family homes owned and operated by public or private agencies must be dispersed throughout residential districts and may not be located within contiguous city block areas pursuant to Iowa Code section 414.22.

D.
Home and Community-Based Services Waiver Recipient Residence
A single-household dwelling owned or rented by a recipient of a home and community-based services waiver approved by the federal government and implemented under the medical assistance program as defined in Iowa Code chapter 249A; or a multi-

134-3. USES

Residential Use Category

household dwelling which does not hold itself out to the public as a community-based residential provider otherwise regulated by law, including but not limited to a residential care facility, and which provides household units to no more than four recipients of services under a home and community-based services waiver approved by the federal government and implemented under the medical assistance program, as defined in Iowa Code chapter 249A, at any one time.

E.
Shelter, Temporary
1. 1.
  A temporary shelter is a group living use that provides overnight or temporary living accommodations for individuals who do not have access to traditional or permanent housing or who require temporary living accommodations during periods of emergency or crisis. Temporary shelters may provide other services for residents, including counseling.

2.
Temporary shelters are subject to the following supplemental use regulations:
1. a.
  Temporary shelters must contain at least 70 square feet of usable floor space per occupant. Bathrooms and areas having less than seven feet of ceiling height may not be counted.
2. b.
  Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
3. c.
  New temporary shelters may not be located within 1,320 feet of an existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

F.
Other Group Living Uses

This category includes Fraternity/Sorority Houses, Dormitories, and Rooming Houses. These group living uses are subject to the following supplemental use regulations:^♦

1.
The proposed location must provide residents with adequate access to public transportation.
2.
A permit for such use is subject to the reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3.
Each bedroom must have 80 square feet of usable floor space per bed and usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms.
4.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
5.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room.

E.
Shelter, Temporary
1. 1.
  A temporary shelter is a group living use that provides overnight or temporary living accommodations for individuals who do not have access to traditional or permanent housing or who require temporary living accommodations during periods of emergency or crisis. Temporary shelters may provide other services for residents, including counseling.

2.
Temporary shelters are subject to the following supplemental use regulations:
1. a.
  Temporary shelters must contain at least 70 square feet of usable floor space per occupant. Bathrooms and areas having less than seven feet of ceiling height may not be counted.
2. b.
  Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
3. c.
  New temporary shelters may not be located within 1,320 feet of an existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

F.
Other Group Living Uses

This category includes Fraternity/Sorority Houses, Dormitories, and Rooming Houses. These group living uses are subject to the following supplemental use regulations:^♦

1.
The proposed location must provide residents with adequate access to public transportation.
2.
A permit for such use is subject to the reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3.
Each bedroom must have 80 square feet of usable floor space per bed and usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms.
4.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
5.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room.

E.
Shelter, Temporary
1. 1.
  A temporary shelter is a group living use that provides overnight or temporary living accommodations for individuals who do not have access to traditional or permanent housing or who require temporary living accommodations during periods of emergency or crisis. Temporary shelters may provide other services for residents, including counseling.

2.
Temporary shelters are subject to the following supplemental use regulations:
1. a.
  Temporary shelters must contain at least 70 square feet of usable floor space per occupant. Bathrooms and areas having less than seven feet of ceiling height may not be counted.
2. b.
  Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
3. c.
  New temporary shelters may not be located within 1,320 feet of an existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

F.
Other Group Living Uses

This category includes Fraternity/Sorority Houses, Dormitories, and Rooming Houses. These group living uses are subject to the following supplemental use regulations:^♦

1.
The proposed location must provide residents with adequate access to public transportation.
2.
A permit for such use is subject to the reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3.
Each bedroom must have 80 square feet of usable floor space per bed and usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms.
4.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
5.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room.

E.
Shelter, Temporary
1. 1.
  A temporary shelter is a group living use that provides overnight or temporary living accommodations for individuals who do not have access to traditional or permanent housing or who require temporary living accommodations during periods of emergency or crisis. Temporary shelters may provide other services for residents, including counseling.

2.
Temporary shelters are subject to the following supplemental use regulations:
1. a.
  Temporary shelters must contain at least 70 square feet of usable floor space per occupant. Bathrooms and areas having less than seven feet of ceiling height may not be counted.
2. b.
  Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
3. c.
  New temporary shelters may not be located within 1,320 feet of an existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

F.
Other Group Living Uses

This category includes Fraternity/Sorority Houses, Dormitories, and Rooming Houses. These group living uses are subject to the following supplemental use regulations:^♦

1.
The proposed location must provide residents with adequate access to public transportation.
2.
A permit for such use is subject to the reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3.
Each bedroom must have 80 square feet of usable floor space per bed and usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms.
4.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
5.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room.

134-3. USES

Public, Civic and Institutional Use Category

134-3.4 Public, Civic and Institutional Use Category

This use category includes public, quasi-public and private uses that provide unique services that are of benefit to the public at-large. The public, civic and institutional subcategories are as follows:

3.4.1 AIRPORT

Facilities from which FAA-certified aircraft take off, land and operate, including customary accessory uses and structures.

3.4.2 ASSEMBLY

A facility that has organized services, meetings, or programs to benefit, educate, entertain, or promote discourse amongst the residents of the community.

A.
Place of Worship. Buildings used for conducting organized religious services. Examples include synagogues, temples, mosques and churches.
B.
Place of Assembly. Buildings used for conducting organized services, meetings, or programs. Examples include community centers and recreation centers.

3.4.3 CEMETERY

Any area that is or was open to use by the public in general or any segment thereof and is used or is intended to be used to inter or scatter remains. The cemetery use subcategory includes cemeteries and scattering grounds owned by the city and operated in accordance with chapter 34 of this code as well as cemeteries and scattering grounds not owned by the city. Cemeteries that are not owned by the city require conditional use approval and are subject to the supplemental use regulations of paragraph B of this subsection.

A.
Exclusions. The following are not included in the cemetery use subcategory:
1. 1.
  A private burial site where use is restricted to members of a family, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.

2.
A private burial site where use is restricted to a narrow segment of the public, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.
3.
A cemetery where there were 12 or fewer burials in the preceding 50 years, also referred to as a “pioneer cemetery”.

B.
Supplemental Use Regulations. Cemeteries that are not owned by the city are subject to the following supplemental use regulations:
1. 1.
  Surveys and records must be maintained of each cemetery, including plots of every interment and scattering area and the location of benches and columbariums. Records must indicate the GPS coordinates, name, death, burial and birth dates, last address, and name and address of contact person.
2. 2.
  A monument or marker of the name of all persons whose remains are scattered must be placed at the scattering site.
3. 3.
  Written authorization must be obtained and kept for each person whose remains are scattered, including cremation benches and columbariums, to allow removal and relocation of the scattered remains.
4. 4.
  The property must be maintained free of tall weeds and debris.
5. 5.
  Monuments and other markers or structures, fences, walkways, paths, and roadways must be maintained in good and safe condition and appearance.
6. 6.
  The perimeter of the cemetery must be fenced.
7. 7.
  A portion of every lot sale, burial service fee, or scattering fee must be kept in a fund for maintenance of the cemetery grounds.
8. 8.
  The scattering of remains is allowed only in cemeteries operating in compliance with the Iowa Cemetery Act. Cremated remains may only be scattered in a designated area with dimensions of no more than 20 feet by 20 feet.

134-3.4 Public, Civic and Institutional Use Category

3.4.1 AIRPORT

Facilities from which FAA-certified aircraft take off, land and operate, including customary accessory uses and structures.

3.4.2 ASSEMBLY

A facility that has organized services, meetings, or programs to benefit, educate, entertain, or promote discourse amongst the residents of the community.

A.
Place of Worship. Buildings used for conducting organized religious services. Examples include synagogues, temples, mosques and churches.
B.
Place of Assembly. Buildings used for conducting organized services, meetings, or programs. Examples include community centers and recreation centers.

3.4.3 CEMETERY

A.
Exclusions. The following are not included in the cemetery use subcategory:
1. 1.
  A private burial site where use is restricted to members of a family, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.

2.
A private burial site where use is restricted to a narrow segment of the public, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.
3.
A cemetery where there were 12 or fewer burials in the preceding 50 years, also referred to as a “pioneer cemetery”.

B.
Supplemental Use Regulations. Cemeteries that are not owned by the city are subject to the following supplemental use regulations:
1. 1.
  Surveys and records must be maintained of each cemetery, including plots of every interment and scattering area and the location of benches and columbariums. Records must indicate the GPS coordinates, name, death, burial and birth dates, last address, and name and address of contact person.
2. 2.
  A monument or marker of the name of all persons whose remains are scattered must be placed at the scattering site.
3. 3.
  Written authorization must be obtained and kept for each person whose remains are scattered, including cremation benches and columbariums, to allow removal and relocation of the scattered remains.
4. 4.
  The property must be maintained free of tall weeds and debris.
5. 5.
  Monuments and other markers or structures, fences, walkways, paths, and roadways must be maintained in good and safe condition and appearance.
6. 6.
  The perimeter of the cemetery must be fenced.
7. 7.
  A portion of every lot sale, burial service fee, or scattering fee must be kept in a fund for maintenance of the cemetery grounds.
8. 8.
  The scattering of remains is allowed only in cemeteries operating in compliance with the Iowa Cemetery Act. Cremated remains may only be scattered in a designated area with dimensions of no more than 20 feet by 20 feet.

134-3.4 Public, Civic and Institutional Use Category

3.4.1 AIRPORT

Facilities from which FAA-certified aircraft take off, land and operate, including customary accessory uses and structures.

3.4.2 ASSEMBLY

A facility that has organized services, meetings, or programs to benefit, educate, entertain, or promote discourse amongst the residents of the community.

A.
Place of Worship. Buildings used for conducting organized religious services. Examples include synagogues, temples, mosques and churches.
B.
Place of Assembly. Buildings used for conducting organized services, meetings, or programs. Examples include community centers and recreation centers.

3.4.3 CEMETERY

A.
Exclusions. The following are not included in the cemetery use subcategory:
1. 1.
  A private burial site where use is restricted to members of a family, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.

2.
A private burial site where use is restricted to a narrow segment of the public, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.
3.
A cemetery where there were 12 or fewer burials in the preceding 50 years, also referred to as a “pioneer cemetery”.

B.
Supplemental Use Regulations. Cemeteries that are not owned by the city are subject to the following supplemental use regulations:
1. 1.
  Surveys and records must be maintained of each cemetery, including plots of every interment and scattering area and the location of benches and columbariums. Records must indicate the GPS coordinates, name, death, burial and birth dates, last address, and name and address of contact person.
2. 2.
  A monument or marker of the name of all persons whose remains are scattered must be placed at the scattering site.
3. 3.
  Written authorization must be obtained and kept for each person whose remains are scattered, including cremation benches and columbariums, to allow removal and relocation of the scattered remains.
4. 4.
  The property must be maintained free of tall weeds and debris.
5. 5.
  Monuments and other markers or structures, fences, walkways, paths, and roadways must be maintained in good and safe condition and appearance.
6. 6.
  The perimeter of the cemetery must be fenced.
7. 7.
  A portion of every lot sale, burial service fee, or scattering fee must be kept in a fund for maintenance of the cemetery grounds.
8. 8.
  The scattering of remains is allowed only in cemeteries operating in compliance with the Iowa Cemetery Act. Cremated remains may only be scattered in a designated area with dimensions of no more than 20 feet by 20 feet.

134-3.4 Public, Civic and Institutional Use Category

3.4.1 AIRPORT

Facilities from which FAA-certified aircraft take off, land and operate, including customary accessory uses and structures.

3.4.2 ASSEMBLY

A facility that has organized services, meetings, or programs to benefit, educate, entertain, or promote discourse amongst the residents of the community.

A.
Place of Worship. Buildings used for conducting organized religious services. Examples include synagogues, temples, mosques and churches.
B.
Place of Assembly. Buildings used for conducting organized services, meetings, or programs. Examples include community centers and recreation centers.

3.4.3 CEMETERY

A.
Exclusions. The following are not included in the cemetery use subcategory:
1. 1.
  A private burial site where use is restricted to members of a family, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.

2.
A private burial site where use is restricted to a narrow segment of the public, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.
3.
A cemetery where there were 12 or fewer burials in the preceding 50 years, also referred to as a “pioneer cemetery”.

B.
Supplemental Use Regulations. Cemeteries that are not owned by the city are subject to the following supplemental use regulations:
1. 1.
  Surveys and records must be maintained of each cemetery, including plots of every interment and scattering area and the location of benches and columbariums. Records must indicate the GPS coordinates, name, death, burial and birth dates, last address, and name and address of contact person.
2. 2.
  A monument or marker of the name of all persons whose remains are scattered must be placed at the scattering site.
3. 3.
  Written authorization must be obtained and kept for each person whose remains are scattered, including cremation benches and columbariums, to allow removal and relocation of the scattered remains.
4. 4.
  The property must be maintained free of tall weeds and debris.
5. 5.
  Monuments and other markers or structures, fences, walkways, paths, and roadways must be maintained in good and safe condition and appearance.
6. 6.
  The perimeter of the cemetery must be fenced.
7. 7.
  A portion of every lot sale, burial service fee, or scattering fee must be kept in a fund for maintenance of the cemetery grounds.
8. 8.
  The scattering of remains is allowed only in cemeteries operating in compliance with the Iowa Cemetery Act. Cremated remains may only be scattered in a designated area with dimensions of no more than 20 feet by 20 feet.

134-3. USES

Public, Civic and Institutional Use Category

3.4.4 COLLEGE OR UNIVERSITY

Academic institutions of higher learning that are accredited or recognized by the state and offer courses of general or specialized study.

3.4.5 FRATERNAL ORGANIZATION

The use of a building or lot by a not-for-profit, social or business organization that restricts access to its facility to bona fide, annual dues-paying members and their occasional guests and where the primary activity is a service not carried on as a business enterprise.

3.4.6 GOVERNMENT ADMINISTRATION

Uses in an enclosed building, customarily performed by local, state, or federal governmental offices and agencies, that focus on providing administrative, executive, judicial, legislative, management, professional or medical services.

3.4.7 HOSPITAL

Uses providing medical or surgical care to patients and offering inpatient, or overnight care.

3.4.8 LIBRARY OR CULTURAL EXHIBIT

Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art or library collections of books, manuscripts and similar materials operated by a public or quasi-public agency other than the city for study and reading by the general public.

3.4.9 PUBLIC RECREATION AREAS

Recreational, social or multi-purpose uses associated with public parks and open spaces, including playgrounds, play fields, play courts and other non-commercial recreational facilities. This may include uses identified by section 134-3.5.19 of this article subject to approval by the city.

3.4.10 POSTAL SERVICE

Post offices operated by the U.S. Postal Service. Mail sorting and distribution facilities are classified as trucking and transportation terminals.

3.4.11 SAFETY SERVICE

Establishments that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.

3.4.12 SCHOOL

Public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory education.

3.4.13 UTILITIES AND PUBLIC SERVICE FACILITIES

A.
Minor. Infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/ broadcast facilities.
B.
Major. Infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include: above-ground electric distribution substations; wastewater management facilities and filtration systems; solar farms; wind farms.

134-3.5 Commercial Use Category

The commercial use category includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use subcategories are as follows.

3.5.1 ADULT ENTERTAINMENT

An adult bookstore, adult motel, adult motion picture arcade, adult motion picture theater or sexual encounter center.

3.4.4 COLLEGE OR UNIVERSITY

Academic institutions of higher learning that are accredited or recognized by the state and offer courses of general or specialized study.

3.4.5 FRATERNAL ORGANIZATION

3.4.6 GOVERNMENT ADMINISTRATION

3.4.7 HOSPITAL

Uses providing medical or surgical care to patients and offering inpatient, or overnight care.

3.4.8 LIBRARY OR CULTURAL EXHIBIT

3.4.9 PUBLIC RECREATION AREAS

3.4.10 POSTAL SERVICE

Post offices operated by the U.S. Postal Service. Mail sorting and distribution facilities are classified as trucking and transportation terminals.

3.4.11 SAFETY SERVICE

Establishments that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.

3.4.12 SCHOOL

Public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory education.

3.4.13 UTILITIES AND PUBLIC SERVICE FACILITIES

A.
Minor. Infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/ broadcast facilities.
B.
Major. Infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include: above-ground electric distribution substations; wastewater management facilities and filtration systems; solar farms; wind farms.

134-3.5 Commercial Use Category

3.5.1 ADULT ENTERTAINMENT

An adult bookstore, adult motel, adult motion picture arcade, adult motion picture theater or sexual encounter center.

3.4.4 COLLEGE OR UNIVERSITY

Academic institutions of higher learning that are accredited or recognized by the state and offer courses of general or specialized study.

3.4.5 FRATERNAL ORGANIZATION

3.4.6 GOVERNMENT ADMINISTRATION

3.4.7 HOSPITAL

Uses providing medical or surgical care to patients and offering inpatient, or overnight care.

3.4.8 LIBRARY OR CULTURAL EXHIBIT

3.4.9 PUBLIC RECREATION AREAS

3.4.10 POSTAL SERVICE

Post offices operated by the U.S. Postal Service. Mail sorting and distribution facilities are classified as trucking and transportation terminals.

3.4.11 SAFETY SERVICE

Establishments that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.

3.4.12 SCHOOL

Public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory education.

3.4.13 UTILITIES AND PUBLIC SERVICE FACILITIES

A.
Minor. Infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/ broadcast facilities.
B.
Major. Infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include: above-ground electric distribution substations; wastewater management facilities and filtration systems; solar farms; wind farms.

134-3.5 Commercial Use Category

3.5.1 ADULT ENTERTAINMENT

An adult bookstore, adult motel, adult motion picture arcade, adult motion picture theater or sexual encounter center.

3.4.4 COLLEGE OR UNIVERSITY

Academic institutions of higher learning that are accredited or recognized by the state and offer courses of general or specialized study.

3.4.5 FRATERNAL ORGANIZATION

3.4.6 GOVERNMENT ADMINISTRATION

3.4.7 HOSPITAL

Uses providing medical or surgical care to patients and offering inpatient, or overnight care.

3.4.8 LIBRARY OR CULTURAL EXHIBIT

3.4.9 PUBLIC RECREATION AREAS

3.4.10 POSTAL SERVICE

Post offices operated by the U.S. Postal Service. Mail sorting and distribution facilities are classified as trucking and transportation terminals.

3.4.11 SAFETY SERVICE

Establishments that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.

3.4.12 SCHOOL

Public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory education.

3.4.13 UTILITIES AND PUBLIC SERVICE FACILITIES

A.
Minor. Infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/ broadcast facilities.
B.
Major. Infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include: above-ground electric distribution substations; wastewater management facilities and filtration systems; solar farms; wind farms.

134-3.5 Commercial Use Category

3.5.1 ADULT ENTERTAINMENT

An adult bookstore, adult motel, adult motion picture arcade, adult motion picture theater or sexual encounter center.

134-3. USES

Commercial Use Category

A.
Adult Bookstore. An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
B.
Adult Motel. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sex acts or specified anatomical areas.
C.
Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
D.
Adult Motion Picture Theater. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas for observation by patrons therein.
E.
Sexual Encounter Center. A business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in sex acts or exposing specified anatomical areas.
F.
Supplemental Use Regulations. Adult entertainment uses are subject to the following supplemental use regulations.
1. 1.
  Adult entertainment uses may not be established within 750 feet of:
  1. a.
    Another adult entertainment use;
  2. b.
    School, religious assembly, public recreation areas, public plazas or day care use;

c.
A residential use.

2.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required.
3.
The establishment of an adult entertainment use includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an adult entertainment use.
4.
All building entries, windows, and other openings must be constructed, located, covered, or visually screened in to prevent views into the interior of such building from any sidewalk, walkway, street or other public or semipublic area.

3.5.2 ANIMAL SERVICES

Uses that provide goods and services for care of animals, including the following specific use types, subject to the requirement that any outdoor boarding or outdoor exercise runways must be located at least 75 feet from any N or NX1 district:^♦

A.
Breeding and Boarding. Breeding of four or more pets or companion animals six months in age or older and/or non-medical care provided for household pets in a location other than their primary residence. Typical examples include dog breeding kennels, kennel services, pet centers.
B.
Grooming. Grooming of dogs, cats and similar small household pets, including dog bathing and clipping salons and pet grooming shops.
C.
Stable. Land or structure in which horses are kept, whether for personal enjoyment or for compensation.
D.
Veterinary. Animal hospitals and veterinary clinics.

A.
Adult Bookstore. An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
B.
Adult Motel. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sex acts or specified anatomical areas.
C.
Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
D.
Adult Motion Picture Theater. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas for observation by patrons therein.
E.
Sexual Encounter Center. A business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in sex acts or exposing specified anatomical areas.
F.
Supplemental Use Regulations. Adult entertainment uses are subject to the following supplemental use regulations.
1. 1.
  Adult entertainment uses may not be established within 750 feet of:
  1. a.
    Another adult entertainment use;
  2. b.
    School, religious assembly, public recreation areas, public plazas or day care use;

c.
A residential use.

2.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required.
3.
The establishment of an adult entertainment use includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an adult entertainment use.
4.
All building entries, windows, and other openings must be constructed, located, covered, or visually screened in to prevent views into the interior of such building from any sidewalk, walkway, street or other public or semipublic area.

3.5.2 ANIMAL SERVICES

A.
Breeding and Boarding. Breeding of four or more pets or companion animals six months in age or older and/or non-medical care provided for household pets in a location other than their primary residence. Typical examples include dog breeding kennels, kennel services, pet centers.
B.
Grooming. Grooming of dogs, cats and similar small household pets, including dog bathing and clipping salons and pet grooming shops.
C.
Stable. Land or structure in which horses are kept, whether for personal enjoyment or for compensation.
D.
Veterinary. Animal hospitals and veterinary clinics.

A.
Adult Bookstore. An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
B.
Adult Motel. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sex acts or specified anatomical areas.
C.
Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
D.
Adult Motion Picture Theater. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas for observation by patrons therein.
E.
Sexual Encounter Center. A business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in sex acts or exposing specified anatomical areas.
F.
Supplemental Use Regulations. Adult entertainment uses are subject to the following supplemental use regulations.
1. 1.
  Adult entertainment uses may not be established within 750 feet of:
  1. a.
    Another adult entertainment use;
  2. b.
    School, religious assembly, public recreation areas, public plazas or day care use;

c.
A residential use.

2.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required.
3.
The establishment of an adult entertainment use includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an adult entertainment use.
4.
All building entries, windows, and other openings must be constructed, located, covered, or visually screened in to prevent views into the interior of such building from any sidewalk, walkway, street or other public or semipublic area.

3.5.2 ANIMAL SERVICES

A.
Breeding and Boarding. Breeding of four or more pets or companion animals six months in age or older and/or non-medical care provided for household pets in a location other than their primary residence. Typical examples include dog breeding kennels, kennel services, pet centers.
B.
Grooming. Grooming of dogs, cats and similar small household pets, including dog bathing and clipping salons and pet grooming shops.
C.
Stable. Land or structure in which horses are kept, whether for personal enjoyment or for compensation.
D.
Veterinary. Animal hospitals and veterinary clinics.

A.
Adult Bookstore. An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
B.
Adult Motel. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sex acts or specified anatomical areas.
C.
Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
D.
Adult Motion Picture Theater. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas for observation by patrons therein.
E.
Sexual Encounter Center. A business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in sex acts or exposing specified anatomical areas.
F.
Supplemental Use Regulations. Adult entertainment uses are subject to the following supplemental use regulations.
1. 1.
  Adult entertainment uses may not be established within 750 feet of:
  1. a.
    Another adult entertainment use;
  2. b.
    School, religious assembly, public recreation areas, public plazas or day care use;

c.
A residential use.

2.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required.
3.
The establishment of an adult entertainment use includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an adult entertainment use.
4.
All building entries, windows, and other openings must be constructed, located, covered, or visually screened in to prevent views into the interior of such building from any sidewalk, walkway, street or other public or semipublic area.

3.5.2 ANIMAL SERVICES

A.
Breeding and Boarding. Breeding of four or more pets or companion animals six months in age or older and/or non-medical care provided for household pets in a location other than their primary residence. Typical examples include dog breeding kennels, kennel services, pet centers.
B.
Grooming. Grooming of dogs, cats and similar small household pets, including dog bathing and clipping salons and pet grooming shops.
C.
Stable. Land or structure in which horses are kept, whether for personal enjoyment or for compensation.
D.
Veterinary. Animal hospitals and veterinary clinics.

134-3. USES

Commercial Use Category

3.5.3 ASSEMBLY AND ENTERTAINMENT

A.
Small. Assembly and entertainment uses including event centers, with a seating or occupant capacity of less than 2,000 persons.^♦
B.
Large. Assembly and entertainment uses, including event centers, with a seating or occupant capacity between 2,000 and 10,000 persons.
C.
Event Center. Civic or community auditoriums, sports stadiums and arenas, convention facilities and multi-purpose venues with a seating or occupant capacity of more than 10,000 persons.

3.5.4 BROADCAST OR RECORDING STUDIO

Uses that provide for audio or video production, recording or radio, television or internet broadcasting.

3.5.5 BUSINESS OR TRADE SCHOOL

Uses in an enclosed building that focus on teaching the skills needed to perform a particular job. Examples include schools of cosmetology, modeling academies, computer training facilities, vocational schools, administrative business training facilities and similar uses. Truck driving schools and other training facilities that involve outdoor work or training activities are classified as industrial services.

3.5.6 COMMERCIAL SERVICES

Uses that provide low-impact repair, maintenance and improvement services to individual consumers and small businesses.

A.
Consumer Maintenance and Repair Service. Uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer, including uses such as customers bring goods to the site of the repair/ maintenance business. Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, small engine repair, picture framing shops, copy shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments, but not including vehicle maintenance and repair. Business that offer repair and maintenance service for large equipment or technicians who visit customers’ homes or places of business are classified as an “industrial service.”

B.
Personal Service. Uses that provide personal support and improvement services. Typical uses include barbers, hair and nail salons, tanning salons, travel agencies, and day spas. Also includes uses involved in providing tattoos, piercing and similar forms of body art.
C.
Studio or Instructional Service. Uses that focus on providing individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities. Also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, photography studios and other studios for artists that do not involve the use of power tools or power machinery.

3.5.7 DATA CENTER^♦

A.
Minor Data Center. A facility occupying no more than 10,000 square feet of floor area that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Typical uses include colocation centers, carrier hotels, network hotels, telecom hotels, meet-me rooms, and edge data centers.
B.
Major Data Center. A facility occupying more than 10,000 square feet of floor area, that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Such facility may include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a major data center. Typical uses include hyperscale data centers and server farms.

3.5.8 DAY CARE

Uses providing care and supervision for more than eight children away from their primary residence for less than 24 hours per day.

3.5.9 DAY SERVICES ADULT

An organized program providing a variety of health-related care, social services, and other related support services for 16 hours or less in a 24-hour period to two or more persons with

3.5.3 ASSEMBLY AND ENTERTAINMENT

A.
Small. Assembly and entertainment uses including event centers, with a seating or occupant capacity of less than 2,000 persons.^♦
B.
Large. Assembly and entertainment uses, including event centers, with a seating or occupant capacity between 2,000 and 10,000 persons.
C.
Event Center. Civic or community auditoriums, sports stadiums and arenas, convention facilities and multi-purpose venues with a seating or occupant capacity of more than 10,000 persons.

3.5.4 BROADCAST OR RECORDING STUDIO

Uses that provide for audio or video production, recording or radio, television or internet broadcasting.

3.5.5 BUSINESS OR TRADE SCHOOL

3.5.6 COMMERCIAL SERVICES

Uses that provide low-impact repair, maintenance and improvement services to individual consumers and small businesses.

A.
Consumer Maintenance and Repair Service. Uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer, including uses such as customers bring goods to the site of the repair/ maintenance business. Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, small engine repair, picture framing shops, copy shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments, but not including vehicle maintenance and repair. Business that offer repair and maintenance service for large equipment or technicians who visit customers’ homes or places of business are classified as an “industrial service.”

B.
Personal Service. Uses that provide personal support and improvement services. Typical uses include barbers, hair and nail salons, tanning salons, travel agencies, and day spas. Also includes uses involved in providing tattoos, piercing and similar forms of body art.
C.
Studio or Instructional Service. Uses that focus on providing individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities. Also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, photography studios and other studios for artists that do not involve the use of power tools or power machinery.

3.5.7 DATA CENTER^♦

A.
Minor Data Center. A facility occupying no more than 10,000 square feet of floor area that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Typical uses include colocation centers, carrier hotels, network hotels, telecom hotels, meet-me rooms, and edge data centers.
B.
Major Data Center. A facility occupying more than 10,000 square feet of floor area, that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Such facility may include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a major data center. Typical uses include hyperscale data centers and server farms.

3.5.8 DAY CARE

Uses providing care and supervision for more than eight children away from their primary residence for less than 24 hours per day.

3.5.9 DAY SERVICES ADULT

An organized program providing a variety of health-related care, social services, and other related support services for 16 hours or less in a 24-hour period to two or more persons with

3.5.3 ASSEMBLY AND ENTERTAINMENT

A.
Small. Assembly and entertainment uses including event centers, with a seating or occupant capacity of less than 2,000 persons.^♦
B.
Large. Assembly and entertainment uses, including event centers, with a seating or occupant capacity between 2,000 and 10,000 persons.
C.
Event Center. Civic or community auditoriums, sports stadiums and arenas, convention facilities and multi-purpose venues with a seating or occupant capacity of more than 10,000 persons.

3.5.4 BROADCAST OR RECORDING STUDIO

Uses that provide for audio or video production, recording or radio, television or internet broadcasting.

3.5.5 BUSINESS OR TRADE SCHOOL

3.5.6 COMMERCIAL SERVICES

Uses that provide low-impact repair, maintenance and improvement services to individual consumers and small businesses.

A.
Consumer Maintenance and Repair Service. Uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer, including uses such as customers bring goods to the site of the repair/ maintenance business. Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, small engine repair, picture framing shops, copy shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments, but not including vehicle maintenance and repair. Business that offer repair and maintenance service for large equipment or technicians who visit customers’ homes or places of business are classified as an “industrial service.”

B.
Personal Service. Uses that provide personal support and improvement services. Typical uses include barbers, hair and nail salons, tanning salons, travel agencies, and day spas. Also includes uses involved in providing tattoos, piercing and similar forms of body art.
C.
Studio or Instructional Service. Uses that focus on providing individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities. Also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, photography studios and other studios for artists that do not involve the use of power tools or power machinery.

3.5.7 DATA CENTER^♦

A.
Minor Data Center. A facility occupying no more than 10,000 square feet of floor area that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Typical uses include colocation centers, carrier hotels, network hotels, telecom hotels, meet-me rooms, and edge data centers.
B.
Major Data Center. A facility occupying more than 10,000 square feet of floor area, that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Such facility may include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a major data center. Typical uses include hyperscale data centers and server farms.

3.5.8 DAY CARE

Uses providing care and supervision for more than eight children away from their primary residence for less than 24 hours per day.

3.5.9 DAY SERVICES ADULT

An organized program providing a variety of health-related care, social services, and other related support services for 16 hours or less in a 24-hour period to two or more persons with

3.5.3 ASSEMBLY AND ENTERTAINMENT

A.
Small. Assembly and entertainment uses including event centers, with a seating or occupant capacity of less than 2,000 persons.^♦
B.
Large. Assembly and entertainment uses, including event centers, with a seating or occupant capacity between 2,000 and 10,000 persons.
C.
Event Center. Civic or community auditoriums, sports stadiums and arenas, convention facilities and multi-purpose venues with a seating or occupant capacity of more than 10,000 persons.

3.5.4 BROADCAST OR RECORDING STUDIO

Uses that provide for audio or video production, recording or radio, television or internet broadcasting.

3.5.5 BUSINESS OR TRADE SCHOOL

3.5.6 COMMERCIAL SERVICES

Uses that provide low-impact repair, maintenance and improvement services to individual consumers and small businesses.

A.
Consumer Maintenance and Repair Service. Uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer, including uses such as customers bring goods to the site of the repair/ maintenance business. Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, small engine repair, picture framing shops, copy shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments, but not including vehicle maintenance and repair. Business that offer repair and maintenance service for large equipment or technicians who visit customers’ homes or places of business are classified as an “industrial service.”

B.
Personal Service. Uses that provide personal support and improvement services. Typical uses include barbers, hair and nail salons, tanning salons, travel agencies, and day spas. Also includes uses involved in providing tattoos, piercing and similar forms of body art.
C.
Studio or Instructional Service. Uses that focus on providing individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities. Also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, photography studios and other studios for artists that do not involve the use of power tools or power machinery.

3.5.7 DATA CENTER^♦

A.
Minor Data Center. A facility occupying no more than 10,000 square feet of floor area that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Typical uses include colocation centers, carrier hotels, network hotels, telecom hotels, meet-me rooms, and edge data centers.
B.
Major Data Center. A facility occupying more than 10,000 square feet of floor area, that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Such facility may include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a major data center. Typical uses include hyperscale data centers and server farms.

3.5.8 DAY CARE

Uses providing care and supervision for more than eight children away from their primary residence for less than 24 hours per day.

3.5.9 DAY SERVICES ADULT

An organized program providing a variety of health-related care, social services, and other related support services for 16 hours or less in a 24-hour period to two or more persons with

134-3. USES

Commercial Use Category

a functional impairment on a regularly scheduled, contractual basis certified by the State of Iowa.

3.5.10 EATING AND DRINKING PLACES

An establishment that serves food or beverages for on- or off-premise consumption as its principal business.

A.
Restaurant. An establishment that serves food or beverages for on- or off-premise consumption as its principal business. Typical examples of restaurant uses include principal use restaurants, cafés, cafeterias, ice cream or yogurt shops, donut shops and coffee shops.^♦
B.
Bar. Uses that cater primarily to adults, 21 years of age and older and that sell and serve alcoholic liquor, wine or beer for on-premise consumption as their principal business. Typical uses include bars, taverns, brewpubs, tasting rooms and nightclubs.^♦

3.5.11 FINANCIAL SERVICE

Uses related to the exchange, lending, borrowing and safe-keeping of money. Automatic teller machines, kiosks and similar facilities that do not have on-site employees or amplified sound are not classified as financial service uses if they meet the criteria for classification as an accessory use pursuant to section 134-3.9 of this article. Typical examples of financial service use types are banks, credit unions, and the following types of personal credit establishments:

A.
Bail Bonds. A use that provides surety and pledged money or property as bail for the appearance of persons accused in court.
B.
Delayed Deposit Service. A use that for a fee does either of the following:
1. 1.
  Accepts a check dated after the date it was written.
2. 2.
  Accepts a check dated on the date it was written and holds the check for a period of time before deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, whether express or implied.

C.
Pawnbroker. A person or a use that makes loans or advancements upon pawn, pledge or deposit of personal property or that receives actual possession of personal property as security for loans, with or without a mortgage or bill of sale thereon, or that by advertisement, sign or otherwise holds himself or herself out as a pawnbroker.
D.
Supplemental Use Regulations. Personal credit

establishments are subject to the following supplemental use regulations:^♦

1.
Personal credit establishments may not be established within 1,320 feet of another personal credit use;
2.
Personal credit establishments may not be established within 250 feet of an N district, NX district, or residential use;
3.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required;
4.
The establishment of a personal credit establishment includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an personal credit use;
5.
Drive-in and drive-through service facilities are prohibited for personal credit establishments.

3.5.12 FUNERAL AND MORTUARY SERVICE

Uses that provide services related to the death of a human or domestic, household pet, including funeral homes and mortuaries.

3.5.13 LODGING ^♦

Uses that provide temporary lodging for less than 30 days where rents are charged by the day or by week. Lodging uses sometimes provide food or entertainment, primarily to registered guests. Examples of specific lodging use types include:

A.
Bed and Breakfast. An owner-occupied household, other than a multi-household residential use, restaurant, motel, short-term rental or shelter for the homeless, where lodging and meals are provided for compensation to three or more persons in a house building type. A bed and breakfast may not be occupied by more persons than as allowed per bed room or sleeping area in the occupancy limitations set forth in the International Property Maintenance Code. The owner-occupant shall be present and residing in the bed and breakfast for the duration of any rental of all or a part of the bed and breakfast.
B.
Hotel or Motel. A lodging establishment other than a bed and breakfast and that may provide ancillary facilities and

a functional impairment on a regularly scheduled, contractual basis certified by the State of Iowa.

3.5.10 EATING AND DRINKING PLACES

An establishment that serves food or beverages for on- or off-premise consumption as its principal business.

A.
Restaurant. An establishment that serves food or beverages for on- or off-premise consumption as its principal business. Typical examples of restaurant uses include principal use restaurants, cafés, cafeterias, ice cream or yogurt shops, donut shops and coffee shops.^♦
B.
Bar. Uses that cater primarily to adults, 21 years of age and older and that sell and serve alcoholic liquor, wine or beer for on-premise consumption as their principal business. Typical uses include bars, taverns, brewpubs, tasting rooms and nightclubs.^♦

3.5.11 FINANCIAL SERVICE

A.
Bail Bonds. A use that provides surety and pledged money or property as bail for the appearance of persons accused in court.
B.
Delayed Deposit Service. A use that for a fee does either of the following:
1. 1.
  Accepts a check dated after the date it was written.
2. 2.
  Accepts a check dated on the date it was written and holds the check for a period of time before deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, whether express or implied.

C.
Pawnbroker. A person or a use that makes loans or advancements upon pawn, pledge or deposit of personal property or that receives actual possession of personal property as security for loans, with or without a mortgage or bill of sale thereon, or that by advertisement, sign or otherwise holds himself or herself out as a pawnbroker.
D.
Supplemental Use Regulations. Personal credit

establishments are subject to the following supplemental use regulations:^♦

1.
Personal credit establishments may not be established within 1,320 feet of another personal credit use;
2.
Personal credit establishments may not be established within 250 feet of an N district, NX district, or residential use;
3.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required;
4.
The establishment of a personal credit establishment includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an personal credit use;
5.
Drive-in and drive-through service facilities are prohibited for personal credit establishments.

3.5.12 FUNERAL AND MORTUARY SERVICE

Uses that provide services related to the death of a human or domestic, household pet, including funeral homes and mortuaries.

3.5.13 LODGING ^♦

A.
Bed and Breakfast. An owner-occupied household, other than a multi-household residential use, restaurant, motel, short-term rental or shelter for the homeless, where lodging and meals are provided for compensation to three or more persons in a house building type. A bed and breakfast may not be occupied by more persons than as allowed per bed room or sleeping area in the occupancy limitations set forth in the International Property Maintenance Code. The owner-occupant shall be present and residing in the bed and breakfast for the duration of any rental of all or a part of the bed and breakfast.
B.
Hotel or Motel. A lodging establishment other than a bed and breakfast and that may provide ancillary facilities and

a functional impairment on a regularly scheduled, contractual basis certified by the State of Iowa.

3.5.10 EATING AND DRINKING PLACES

An establishment that serves food or beverages for on- or off-premise consumption as its principal business.

A.
Restaurant. An establishment that serves food or beverages for on- or off-premise consumption as its principal business. Typical examples of restaurant uses include principal use restaurants, cafés, cafeterias, ice cream or yogurt shops, donut shops and coffee shops.^♦
B.
Bar. Uses that cater primarily to adults, 21 years of age and older and that sell and serve alcoholic liquor, wine or beer for on-premise consumption as their principal business. Typical uses include bars, taverns, brewpubs, tasting rooms and nightclubs.^♦

3.5.11 FINANCIAL SERVICE

A.
Bail Bonds. A use that provides surety and pledged money or property as bail for the appearance of persons accused in court.
B.
Delayed Deposit Service. A use that for a fee does either of the following:
1. 1.
  Accepts a check dated after the date it was written.
2. 2.
  Accepts a check dated on the date it was written and holds the check for a period of time before deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, whether express or implied.

C.
Pawnbroker. A person or a use that makes loans or advancements upon pawn, pledge or deposit of personal property or that receives actual possession of personal property as security for loans, with or without a mortgage or bill of sale thereon, or that by advertisement, sign or otherwise holds himself or herself out as a pawnbroker.
D.
Supplemental Use Regulations. Personal credit

establishments are subject to the following supplemental use regulations:^♦

1.
Personal credit establishments may not be established within 1,320 feet of another personal credit use;
2.
Personal credit establishments may not be established within 250 feet of an N district, NX district, or residential use;
3.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required;
4.
The establishment of a personal credit establishment includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an personal credit use;
5.
Drive-in and drive-through service facilities are prohibited for personal credit establishments.

3.5.12 FUNERAL AND MORTUARY SERVICE

Uses that provide services related to the death of a human or domestic, household pet, including funeral homes and mortuaries.

3.5.13 LODGING ^♦

A.
Bed and Breakfast. An owner-occupied household, other than a multi-household residential use, restaurant, motel, short-term rental or shelter for the homeless, where lodging and meals are provided for compensation to three or more persons in a house building type. A bed and breakfast may not be occupied by more persons than as allowed per bed room or sleeping area in the occupancy limitations set forth in the International Property Maintenance Code. The owner-occupant shall be present and residing in the bed and breakfast for the duration of any rental of all or a part of the bed and breakfast.
B.
Hotel or Motel. A lodging establishment other than a bed and breakfast and that may provide ancillary facilities and

a functional impairment on a regularly scheduled, contractual basis certified by the State of Iowa.

3.5.10 EATING AND DRINKING PLACES

An establishment that serves food or beverages for on- or off-premise consumption as its principal business.

A.
Restaurant. An establishment that serves food or beverages for on- or off-premise consumption as its principal business. Typical examples of restaurant uses include principal use restaurants, cafés, cafeterias, ice cream or yogurt shops, donut shops and coffee shops.^♦
B.
Bar. Uses that cater primarily to adults, 21 years of age and older and that sell and serve alcoholic liquor, wine or beer for on-premise consumption as their principal business. Typical uses include bars, taverns, brewpubs, tasting rooms and nightclubs.^♦

3.5.11 FINANCIAL SERVICE

A.
Bail Bonds. A use that provides surety and pledged money or property as bail for the appearance of persons accused in court.
B.
Delayed Deposit Service. A use that for a fee does either of the following:
1. 1.
  Accepts a check dated after the date it was written.
2. 2.
  Accepts a check dated on the date it was written and holds the check for a period of time before deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, whether express or implied.

C.
Pawnbroker. A person or a use that makes loans or advancements upon pawn, pledge or deposit of personal property or that receives actual possession of personal property as security for loans, with or without a mortgage or bill of sale thereon, or that by advertisement, sign or otherwise holds himself or herself out as a pawnbroker.
D.
Supplemental Use Regulations. Personal credit

establishments are subject to the following supplemental use regulations:^♦

1.
Personal credit establishments may not be established within 1,320 feet of another personal credit use;
2.
Personal credit establishments may not be established within 250 feet of an N district, NX district, or residential use;
3.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required;
4.
The establishment of a personal credit establishment includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an personal credit use;
5.
Drive-in and drive-through service facilities are prohibited for personal credit establishments.

3.5.12 FUNERAL AND MORTUARY SERVICE

Uses that provide services related to the death of a human or domestic, household pet, including funeral homes and mortuaries.

3.5.13 LODGING ^♦

A.
Bed and Breakfast. An owner-occupied household, other than a multi-household residential use, restaurant, motel, short-term rental or shelter for the homeless, where lodging and meals are provided for compensation to three or more persons in a house building type. A bed and breakfast may not be occupied by more persons than as allowed per bed room or sleeping area in the occupancy limitations set forth in the International Property Maintenance Code. The owner-occupant shall be present and residing in the bed and breakfast for the duration of any rental of all or a part of the bed and breakfast.
B.
Hotel or Motel. A lodging establishment other than a bed and breakfast and that may provide ancillary facilities and

134-3. USES

Commercial Use Category

services, customary in a full-service hotel, as further regulated by the Iowa Code.

3.5.14 OFFICE

Uses in an enclosed building, customarily performed in an office, that focus on providing executive, management, administrative, professional or medical services. Examples of specific use types include:

A.
Business or Professional. Office uses for companies and non-governmental organizations. Examples include corporate office, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations. Also includes uses engaged in scientific research and testing services leading to the development of new products and processes that do not involve the mass production, distribution or sale of such products.
B.
Medical. Office or clinic uses related to diagnosis and treatment of human patients’ illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists and chiropractors. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, unless otherwise expressly indicated.

3.5.15 PARKING, NON-ACCESSORY.

Uses involving a lot that does not contain a permitted building of more than 1,000 square feet, is not used for open space, and is almost exclusively used for the parking of vehicles, whether a surface lot or a parking structure.

When a conditional use permit is required, a non-accessory parking facility shall meet the following requirements:^♦

1.
Two or more principal parking facilities shall not be located directly abutting one another.
2.
Refer to section 135-2.17 of this code for principal use parking structure building type.

3.5.16 RETAIL SALES^♦

Uses involving the sale, lease or rental of new or used goods to the ultimate consumer. Examples of specific retail use types

include retail sales of convenience goods, consumer shopping goods and building supplies and equipment.

A.
Limited Retail Sales. Retail sales establishments occupying no more than 12,000 square feet of floor area.
B.
General Retail Sales. Retail sales establishments occupying more than 12,000 square feet of floor area but no more than 40,000 square feet of floor area.
C.
Large-Format Retail Sales. Retail sales establishments occupying more than 40,000 square feet of floor area.

3.5.17 SELF-SERVICE STORAGE

An enclosed use that provides separate, small-scale, self-service storage facilities leased or rented to individuals or small businesses, including, if any, caretaker's or supervisor's quarters as an accessory use. Facilities are designed and used to accommodate interior access to storage lockers or drive-up access from passenger vehicles. Self-service storage does not allow storage of junk, explosive or flammable materials, and other noxious or dangerous materials.^♦

A.
Supplemental Use Regulations.^♦
Self-service storage uses that are located in an MX2 or MX3 districts are subject to the following:
1. 1.
  The self-storage use shall be permitted only within the interior of converted pre-existing buildings or the interior of building types allowed in the applicable zoning district, in accordance with chapter 135 of this code.
2. 2.
  No external storage or additional buildings shall be permitted as part of the self-storage use.
3. 3.
  The landscape regulations of chapter 135 of this code shall be required of any self-storage use of property, whether associated with a pre-existing building or an allowed building type.

3.5.18 SIGN, GENERAL ADVERTISING

A large outdoor advertising structure, with a minimum sign face of 300 square feet in area and a maximum sign face of 672 square feet in area, located along major commercial corridors identified in Article 5 of this chapter to provide information to the general public in exchange for compensation. General advertising signs are subject to sections 134-5.7, 134-5.8, and 134-7.3 of this chapter.

services, customary in a full-service hotel, as further regulated by the Iowa Code.

3.5.14 OFFICE

A.
Business or Professional. Office uses for companies and non-governmental organizations. Examples include corporate office, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations. Also includes uses engaged in scientific research and testing services leading to the development of new products and processes that do not involve the mass production, distribution or sale of such products.
B.
Medical. Office or clinic uses related to diagnosis and treatment of human patients’ illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists and chiropractors. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, unless otherwise expressly indicated.

3.5.15 PARKING, NON-ACCESSORY.

When a conditional use permit is required, a non-accessory parking facility shall meet the following requirements:^♦

1.
Two or more principal parking facilities shall not be located directly abutting one another.
2.
Refer to section 135-2.17 of this code for principal use parking structure building type.

3.5.16 RETAIL SALES^♦

Uses involving the sale, lease or rental of new or used goods to the ultimate consumer. Examples of specific retail use types

include retail sales of convenience goods, consumer shopping goods and building supplies and equipment.

A.
Limited Retail Sales. Retail sales establishments occupying no more than 12,000 square feet of floor area.
B.
General Retail Sales. Retail sales establishments occupying more than 12,000 square feet of floor area but no more than 40,000 square feet of floor area.
C.
Large-Format Retail Sales. Retail sales establishments occupying more than 40,000 square feet of floor area.

3.5.17 SELF-SERVICE STORAGE

A.
Supplemental Use Regulations.^♦
Self-service storage uses that are located in an MX2 or MX3 districts are subject to the following:
1. 1.
  The self-storage use shall be permitted only within the interior of converted pre-existing buildings or the interior of building types allowed in the applicable zoning district, in accordance with chapter 135 of this code.
2. 2.
  No external storage or additional buildings shall be permitted as part of the self-storage use.
3. 3.
  The landscape regulations of chapter 135 of this code shall be required of any self-storage use of property, whether associated with a pre-existing building or an allowed building type.

3.5.18 SIGN, GENERAL ADVERTISING

services, customary in a full-service hotel, as further regulated by the Iowa Code.

3.5.14 OFFICE

A.
Business or Professional. Office uses for companies and non-governmental organizations. Examples include corporate office, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations. Also includes uses engaged in scientific research and testing services leading to the development of new products and processes that do not involve the mass production, distribution or sale of such products.
B.
Medical. Office or clinic uses related to diagnosis and treatment of human patients’ illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists and chiropractors. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, unless otherwise expressly indicated.

3.5.15 PARKING, NON-ACCESSORY.

When a conditional use permit is required, a non-accessory parking facility shall meet the following requirements:^♦

1.
Two or more principal parking facilities shall not be located directly abutting one another.
2.
Refer to section 135-2.17 of this code for principal use parking structure building type.

3.5.16 RETAIL SALES^♦

Uses involving the sale, lease or rental of new or used goods to the ultimate consumer. Examples of specific retail use types

include retail sales of convenience goods, consumer shopping goods and building supplies and equipment.

A.
Limited Retail Sales. Retail sales establishments occupying no more than 12,000 square feet of floor area.
B.
General Retail Sales. Retail sales establishments occupying more than 12,000 square feet of floor area but no more than 40,000 square feet of floor area.
C.
Large-Format Retail Sales. Retail sales establishments occupying more than 40,000 square feet of floor area.

3.5.17 SELF-SERVICE STORAGE

A.
Supplemental Use Regulations.^♦
Self-service storage uses that are located in an MX2 or MX3 districts are subject to the following:
1. 1.
  The self-storage use shall be permitted only within the interior of converted pre-existing buildings or the interior of building types allowed in the applicable zoning district, in accordance with chapter 135 of this code.
2. 2.
  No external storage or additional buildings shall be permitted as part of the self-storage use.
3. 3.
  The landscape regulations of chapter 135 of this code shall be required of any self-storage use of property, whether associated with a pre-existing building or an allowed building type.

3.5.18 SIGN, GENERAL ADVERTISING

services, customary in a full-service hotel, as further regulated by the Iowa Code.

3.5.14 OFFICE

A.
Business or Professional. Office uses for companies and non-governmental organizations. Examples include corporate office, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations. Also includes uses engaged in scientific research and testing services leading to the development of new products and processes that do not involve the mass production, distribution or sale of such products.
B.
Medical. Office or clinic uses related to diagnosis and treatment of human patients’ illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists and chiropractors. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, unless otherwise expressly indicated.

3.5.15 PARKING, NON-ACCESSORY.

When a conditional use permit is required, a non-accessory parking facility shall meet the following requirements:^♦

1.
Two or more principal parking facilities shall not be located directly abutting one another.
2.
Refer to section 135-2.17 of this code for principal use parking structure building type.

3.5.16 RETAIL SALES^♦

Uses involving the sale, lease or rental of new or used goods to the ultimate consumer. Examples of specific retail use types

include retail sales of convenience goods, consumer shopping goods and building supplies and equipment.

A.
Limited Retail Sales. Retail sales establishments occupying no more than 12,000 square feet of floor area.
B.
General Retail Sales. Retail sales establishments occupying more than 12,000 square feet of floor area but no more than 40,000 square feet of floor area.
C.
Large-Format Retail Sales. Retail sales establishments occupying more than 40,000 square feet of floor area.

3.5.17 SELF-SERVICE STORAGE

A.
Supplemental Use Regulations.^♦
Self-service storage uses that are located in an MX2 or MX3 districts are subject to the following:
1. 1.
  The self-storage use shall be permitted only within the interior of converted pre-existing buildings or the interior of building types allowed in the applicable zoning district, in accordance with chapter 135 of this code.
2. 2.
  No external storage or additional buildings shall be permitted as part of the self-storage use.
3. 3.
  The landscape regulations of chapter 135 of this code shall be required of any self-storage use of property, whether associated with a pre-existing building or an allowed building type.

3.5.18 SIGN, GENERAL ADVERTISING

134-3. USES

Commercial Use Category

3.5.19 SPORTS AND RECREATION, PRIVATE/PARTICIPANT

A commercial facility for provision of sports or recreation primarily by and for participants. Spectators are incidental. Examples include bowling alleys, health clubs, skating rinks, bingo halls, casinos, billiard parlors, driving ranges and miniature golf courses, archery ranges, batting cages, go-cart tracks, private golf courses and recreational fields, and private open spaces.

A.
Indoor. Participant sports and recreation uses conducted entirely within buildings.
B.
Outdoor. Participant sports and recreation uses conducted wholly or partially outside of buildings.

3.5.20 VEHICLE SALES AND SERVICE

A.
Fuel Station

1.
A use engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops, which are regulated as industrial service uses and which may include retail sales of convenience items.
2.
Fuel stations are subject to the applicable building type regulations in Article 2 of chapter 135 of this code and accessory structure regulations in section 135-2.22.3 of this code.

B.
Vehicle Sales. Uses primarily engaged in the sales of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The sale of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle sales are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.
C.
Vehicle Rentals. Uses primarily engaged in the rental of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The rental of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle rentals are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.

D.
Vehicle Maintenance and Repair, Minor. Uses that repair, install or maintain the mechanical components of automobiles, trucks, vans, trailers or motorcycles or that wash, clean or otherwise protect the exterior or interior surfaces of such vehicles. Minor vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  All vehicles must have current license tags.
5. 5.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
6. 6.
  All repairs must occur within a completely enclosed building.
E.
Vehicle Maintenance and Repair, Major. Uses that primarily conduct motor vehicle body work and repairs or that apply paint to the exterior or interior surfaces of motor vehicles by spraying, dipping, flow-coating or other similar means. Major vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  Vehicles awaiting repair or pick-up must be screened from view of rights-of-way.
5. 5.
  All vehicles must have current license tags.
6. 6.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
7. 7.
  All repairs must occur within a completely enclosed building.

3.5.19 SPORTS AND RECREATION, PRIVATE/PARTICIPANT

A.
Indoor. Participant sports and recreation uses conducted entirely within buildings.
B.
Outdoor. Participant sports and recreation uses conducted wholly or partially outside of buildings.

3.5.20 VEHICLE SALES AND SERVICE

A.
Fuel Station

1.
A use engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops, which are regulated as industrial service uses and which may include retail sales of convenience items.
2.
Fuel stations are subject to the applicable building type regulations in Article 2 of chapter 135 of this code and accessory structure regulations in section 135-2.22.3 of this code.

B.
Vehicle Sales. Uses primarily engaged in the sales of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The sale of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle sales are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.
C.
Vehicle Rentals. Uses primarily engaged in the rental of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The rental of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle rentals are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.

D.
Vehicle Maintenance and Repair, Minor. Uses that repair, install or maintain the mechanical components of automobiles, trucks, vans, trailers or motorcycles or that wash, clean or otherwise protect the exterior or interior surfaces of such vehicles. Minor vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  All vehicles must have current license tags.
5. 5.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
6. 6.
  All repairs must occur within a completely enclosed building.
E.
Vehicle Maintenance and Repair, Major. Uses that primarily conduct motor vehicle body work and repairs or that apply paint to the exterior or interior surfaces of motor vehicles by spraying, dipping, flow-coating or other similar means. Major vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  Vehicles awaiting repair or pick-up must be screened from view of rights-of-way.
5. 5.
  All vehicles must have current license tags.
6. 6.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
7. 7.
  All repairs must occur within a completely enclosed building.

3.5.19 SPORTS AND RECREATION, PRIVATE/PARTICIPANT

A.
Indoor. Participant sports and recreation uses conducted entirely within buildings.
B.
Outdoor. Participant sports and recreation uses conducted wholly or partially outside of buildings.

3.5.20 VEHICLE SALES AND SERVICE

A.
Fuel Station

1.
A use engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops, which are regulated as industrial service uses and which may include retail sales of convenience items.
2.
Fuel stations are subject to the applicable building type regulations in Article 2 of chapter 135 of this code and accessory structure regulations in section 135-2.22.3 of this code.

B.
Vehicle Sales. Uses primarily engaged in the sales of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The sale of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle sales are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.
C.
Vehicle Rentals. Uses primarily engaged in the rental of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The rental of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle rentals are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.

D.
Vehicle Maintenance and Repair, Minor. Uses that repair, install or maintain the mechanical components of automobiles, trucks, vans, trailers or motorcycles or that wash, clean or otherwise protect the exterior or interior surfaces of such vehicles. Minor vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  All vehicles must have current license tags.
5. 5.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
6. 6.
  All repairs must occur within a completely enclosed building.
E.
Vehicle Maintenance and Repair, Major. Uses that primarily conduct motor vehicle body work and repairs or that apply paint to the exterior or interior surfaces of motor vehicles by spraying, dipping, flow-coating or other similar means. Major vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  Vehicles awaiting repair or pick-up must be screened from view of rights-of-way.
5. 5.
  All vehicles must have current license tags.
6. 6.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
7. 7.
  All repairs must occur within a completely enclosed building.

3.5.19 SPORTS AND RECREATION, PRIVATE/PARTICIPANT

A.
Indoor. Participant sports and recreation uses conducted entirely within buildings.
B.
Outdoor. Participant sports and recreation uses conducted wholly or partially outside of buildings.

3.5.20 VEHICLE SALES AND SERVICE

A.
Fuel Station

1.
A use engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops, which are regulated as industrial service uses and which may include retail sales of convenience items.
2.
Fuel stations are subject to the applicable building type regulations in Article 2 of chapter 135 of this code and accessory structure regulations in section 135-2.22.3 of this code.

B.
Vehicle Sales. Uses primarily engaged in the sales of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The sale of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle sales are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.
C.
Vehicle Rentals. Uses primarily engaged in the rental of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The rental of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle rentals are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.

D.
Vehicle Maintenance and Repair, Minor. Uses that repair, install or maintain the mechanical components of automobiles, trucks, vans, trailers or motorcycles or that wash, clean or otherwise protect the exterior or interior surfaces of such vehicles. Minor vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  All vehicles must have current license tags.
5. 5.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
6. 6.
  All repairs must occur within a completely enclosed building.
E.
Vehicle Maintenance and Repair, Major. Uses that primarily conduct motor vehicle body work and repairs or that apply paint to the exterior or interior surfaces of motor vehicles by spraying, dipping, flow-coating or other similar means. Major vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  Vehicles awaiting repair or pick-up must be screened from view of rights-of-way.
5. 5.
  All vehicles must have current license tags.
6. 6.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
7. 7.
  All repairs must occur within a completely enclosed building.

134-3. USES

Industrial Use Category

134-3.6 Industrial Use Category

The industrial use category includes uses that produce goods from extracted materials or from recyclable or previously prepared materials, including the design, storage and handling of these products and the materials from which they are produced. It also includes uses that store or distribute materials or goods in large quantities and uses involved in basic industrial processes.

3.6.1 FABRICATION AND PRODUCTION

Uses primarily involved in the manufacturing, processing, fabrication, packaging, or assembly of goods made for the wholesale market, for transfer to other plants, or for firms or consumers.

A.
Artisan. Uses involved in the creation of baked goods, meals or food products, art works or custom goods by hand manufacturing involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking or loading, but which must include retail sales of goods produced on-site with a sales area of at least 625 square feet, with direct access from the main building entrance, and may include residential use.^♦
B.
Limited. Uses are artisan without retail sales or residential use, and uses that process, fabricate, assemble, treat, or package finished parts or products without the use of explosive or petroleum materials in a completely enclosed building. This subcategory does not include the assembly of large equipment and machinery and has very limited external impacts in terms of noise, vibration, odor, hours of operation, and traffic. Common examples include apparel manufacturing, bakery products manufacturing, bottling plants, cabinet making, ice manufacturing, microbreweries, micro distilleries, musical instrument manufacturing, newspaper printing and binderies.
C.
General. Uses that process, fabricate, assemble, or treat materials for the production of large equipment and machines as well as fabrication and production uses that because of their scale or method of operation may produce odors, dust, noise, vibration, truck traffic or other external impacts that are detectable beyond the property lines of the subject property but not a nuisance level. Common examples include dairy products manufacturing,

mattress manufacturing and assembly, crematoriums, underground storage of flammable and combustible liquids in excess of 30,000 gallons, and sawmill and planing mill, including manufacture of wood products not involving chemical treatment.

D.
Intensive. Uses that regularly use hazardous chemicals or procedures or produce hazardous byproducts, including the following: manufacturing of acetylene, cement, lime, gypsum or plaster of-paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, radioactive materials, and above ground storage of flammable and combustible liquids in excess of 1,000 gallons. This subcategory also includes petrochemical tank farms, gasification plants, foundries, chrome plating, smelting, electroplating, fiberglass manufacturing, animal slaughtering, oil refining, asphalt and concrete plants, flour mills, paper products manufacturing, and tanneries. Intensive industrial uses have high potential for external impacts on the surrounding area in terms of noise, vibration, odor, hours of operation, and traffic.
E.
Supplemental Use Regulations. Fabrication and production uses are subject to the following:
1. 1.
  No part of the use may be a residential use, except for artisan uses.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  The owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  The use shall be operated in strict conformance with the written statement provided to the neighborhood services director.

134-3.6 Industrial Use Category

3.6.1 FABRICATION AND PRODUCTION

Uses primarily involved in the manufacturing, processing, fabrication, packaging, or assembly of goods made for the wholesale market, for transfer to other plants, or for firms or consumers.

A.
Artisan. Uses involved in the creation of baked goods, meals or food products, art works or custom goods by hand manufacturing involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking or loading, but which must include retail sales of goods produced on-site with a sales area of at least 625 square feet, with direct access from the main building entrance, and may include residential use.^♦
B.
Limited. Uses are artisan without retail sales or residential use, and uses that process, fabricate, assemble, treat, or package finished parts or products without the use of explosive or petroleum materials in a completely enclosed building. This subcategory does not include the assembly of large equipment and machinery and has very limited external impacts in terms of noise, vibration, odor, hours of operation, and traffic. Common examples include apparel manufacturing, bakery products manufacturing, bottling plants, cabinet making, ice manufacturing, microbreweries, micro distilleries, musical instrument manufacturing, newspaper printing and binderies.
C.
General. Uses that process, fabricate, assemble, or treat materials for the production of large equipment and machines as well as fabrication and production uses that because of their scale or method of operation may produce odors, dust, noise, vibration, truck traffic or other external impacts that are detectable beyond the property lines of the subject property but not a nuisance level. Common examples include dairy products manufacturing,

D.
Intensive. Uses that regularly use hazardous chemicals or procedures or produce hazardous byproducts, including the following: manufacturing of acetylene, cement, lime, gypsum or plaster of-paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, radioactive materials, and above ground storage of flammable and combustible liquids in excess of 1,000 gallons. This subcategory also includes petrochemical tank farms, gasification plants, foundries, chrome plating, smelting, electroplating, fiberglass manufacturing, animal slaughtering, oil refining, asphalt and concrete plants, flour mills, paper products manufacturing, and tanneries. Intensive industrial uses have high potential for external impacts on the surrounding area in terms of noise, vibration, odor, hours of operation, and traffic.
E.
Supplemental Use Regulations. Fabrication and production uses are subject to the following:
1. 1.
  No part of the use may be a residential use, except for artisan uses.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  The owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  The use shall be operated in strict conformance with the written statement provided to the neighborhood services director.

134-3.6 Industrial Use Category

3.6.1 FABRICATION AND PRODUCTION

Uses primarily involved in the manufacturing, processing, fabrication, packaging, or assembly of goods made for the wholesale market, for transfer to other plants, or for firms or consumers.

A.
Artisan. Uses involved in the creation of baked goods, meals or food products, art works or custom goods by hand manufacturing involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking or loading, but which must include retail sales of goods produced on-site with a sales area of at least 625 square feet, with direct access from the main building entrance, and may include residential use.^♦
B.
Limited. Uses are artisan without retail sales or residential use, and uses that process, fabricate, assemble, treat, or package finished parts or products without the use of explosive or petroleum materials in a completely enclosed building. This subcategory does not include the assembly of large equipment and machinery and has very limited external impacts in terms of noise, vibration, odor, hours of operation, and traffic. Common examples include apparel manufacturing, bakery products manufacturing, bottling plants, cabinet making, ice manufacturing, microbreweries, micro distilleries, musical instrument manufacturing, newspaper printing and binderies.
C.
General. Uses that process, fabricate, assemble, or treat materials for the production of large equipment and machines as well as fabrication and production uses that because of their scale or method of operation may produce odors, dust, noise, vibration, truck traffic or other external impacts that are detectable beyond the property lines of the subject property but not a nuisance level. Common examples include dairy products manufacturing,

D.
Intensive. Uses that regularly use hazardous chemicals or procedures or produce hazardous byproducts, including the following: manufacturing of acetylene, cement, lime, gypsum or plaster of-paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, radioactive materials, and above ground storage of flammable and combustible liquids in excess of 1,000 gallons. This subcategory also includes petrochemical tank farms, gasification plants, foundries, chrome plating, smelting, electroplating, fiberglass manufacturing, animal slaughtering, oil refining, asphalt and concrete plants, flour mills, paper products manufacturing, and tanneries. Intensive industrial uses have high potential for external impacts on the surrounding area in terms of noise, vibration, odor, hours of operation, and traffic.
E.
Supplemental Use Regulations. Fabrication and production uses are subject to the following:
1. 1.
  No part of the use may be a residential use, except for artisan uses.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  The owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  The use shall be operated in strict conformance with the written statement provided to the neighborhood services director.

134-3.6 Industrial Use Category

3.6.1 FABRICATION AND PRODUCTION

Uses primarily involved in the manufacturing, processing, fabrication, packaging, or assembly of goods made for the wholesale market, for transfer to other plants, or for firms or consumers.

A.
Artisan. Uses involved in the creation of baked goods, meals or food products, art works or custom goods by hand manufacturing involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking or loading, but which must include retail sales of goods produced on-site with a sales area of at least 625 square feet, with direct access from the main building entrance, and may include residential use.^♦
B.
Limited. Uses are artisan without retail sales or residential use, and uses that process, fabricate, assemble, treat, or package finished parts or products without the use of explosive or petroleum materials in a completely enclosed building. This subcategory does not include the assembly of large equipment and machinery and has very limited external impacts in terms of noise, vibration, odor, hours of operation, and traffic. Common examples include apparel manufacturing, bakery products manufacturing, bottling plants, cabinet making, ice manufacturing, microbreweries, micro distilleries, musical instrument manufacturing, newspaper printing and binderies.
C.
General. Uses that process, fabricate, assemble, or treat materials for the production of large equipment and machines as well as fabrication and production uses that because of their scale or method of operation may produce odors, dust, noise, vibration, truck traffic or other external impacts that are detectable beyond the property lines of the subject property but not a nuisance level. Common examples include dairy products manufacturing,

D.
Intensive. Uses that regularly use hazardous chemicals or procedures or produce hazardous byproducts, including the following: manufacturing of acetylene, cement, lime, gypsum or plaster of-paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, radioactive materials, and above ground storage of flammable and combustible liquids in excess of 1,000 gallons. This subcategory also includes petrochemical tank farms, gasification plants, foundries, chrome plating, smelting, electroplating, fiberglass manufacturing, animal slaughtering, oil refining, asphalt and concrete plants, flour mills, paper products manufacturing, and tanneries. Intensive industrial uses have high potential for external impacts on the surrounding area in terms of noise, vibration, odor, hours of operation, and traffic.
E.
Supplemental Use Regulations. Fabrication and production uses are subject to the following:
1. 1.
  No part of the use may be a residential use, except for artisan uses.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  The owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  The use shall be operated in strict conformance with the written statement provided to the neighborhood services director.

134-3. USES

Industrial Use Category

3.6.2 INDUSTRIAL SERVICE

Uses engaged in the construction, maintenance, repair or servicing of residential, commercial, or industrial buildings, machinery and materials.^♦

A.
Light.
Uses involved in construction, repair and maintenance, but not involving outdoor storage areas. Examples include janitorial, carpet cleaning, extermination, plumbing, electrical, window cleaning, general contracting services and similar building maintenance services. ^♦
B.
Intensive.
Light uses involving outdoor storage areas and uses involved in repair and maintenance directly to business consumers or involving large equipment. Examples include welding shops; machine shops; publishing and lithography; redemption centers; laundry, dry-cleaning, and carpet cleaning plants; photofinishing laboratories; and construction, maintenance and repair services that are not otherwise classified.^♦
C.
Supplemental Use Regulations.
Industrial service uses are subject to the following:
1. 1.
  No part of the use may be a residential use.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  For intensive uses, the owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  For intensive uses, the use shall be operated in strict conformance with the written statement provided to the neighborhood services director.
5. 5.
  For intensive uses, all outdoor storage areas shall be designed to allow no part of any stored material, vehicles or equipment to encroach into the required setbacks.

6.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.

3.6.3 STORAGE, DISTRIBUTION AND WHOLESALING

Principal uses involved in the storage or movement of goods for themselves or other firms or the sale, lease, or rental of goods primarily intended for industrial, institutional, or commercial businesses.

A.
Equipment and Materials Storage, Outdoor. Uses, excluding junk and salvage yards, that constitute outdoor storage of equipment, products or materials, whether or not stored in containers. All such uses shall comply with the requirements of subsections B, C, D, and E of section 134-3.9.6 of this article.^♦
B.
Trucking and Transportation Terminals, Minor. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of medical transport vans, taxis and limousines.^♦
C.
Trucking and Transportation Terminals, Major. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of large trucks, buses, construction equipment, agricultural equipment and similar large vehicles, including parcel service delivery vehicles. Also includes uses engaged in the moving of household or office furniture, appliances and equipment from one location to another, including the temporary on-site storage of those items.^♦
D.
Warehouse. Uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods, including wholesale sales and distribution of goods, and that do not meet the definition of “self-service storage” use or a “trucking and transportation terminal.” Such uses may include incidental retail sales and wholesale showrooms. Expressly includes the following uses: bottled gas and fuel oil sales, flea markets, ice distribution centers, monument sales, portable storage building sales, vending machine sales, auctioneers, and frozen food lockers.^♦

3.6.2 INDUSTRIAL SERVICE

Uses engaged in the construction, maintenance, repair or servicing of residential, commercial, or industrial buildings, machinery and materials.^♦

A.
Light.
Uses involved in construction, repair and maintenance, but not involving outdoor storage areas. Examples include janitorial, carpet cleaning, extermination, plumbing, electrical, window cleaning, general contracting services and similar building maintenance services. ^♦
B.
Intensive.
Light uses involving outdoor storage areas and uses involved in repair and maintenance directly to business consumers or involving large equipment. Examples include welding shops; machine shops; publishing and lithography; redemption centers; laundry, dry-cleaning, and carpet cleaning plants; photofinishing laboratories; and construction, maintenance and repair services that are not otherwise classified.^♦
C.
Supplemental Use Regulations.
Industrial service uses are subject to the following:
1. 1.
  No part of the use may be a residential use.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  For intensive uses, the owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  For intensive uses, the use shall be operated in strict conformance with the written statement provided to the neighborhood services director.
5. 5.
  For intensive uses, all outdoor storage areas shall be designed to allow no part of any stored material, vehicles or equipment to encroach into the required setbacks.

6.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.

3.6.3 STORAGE, DISTRIBUTION AND WHOLESALING

A.
Equipment and Materials Storage, Outdoor. Uses, excluding junk and salvage yards, that constitute outdoor storage of equipment, products or materials, whether or not stored in containers. All such uses shall comply with the requirements of subsections B, C, D, and E of section 134-3.9.6 of this article.^♦
B.
Trucking and Transportation Terminals, Minor. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of medical transport vans, taxis and limousines.^♦
C.
Trucking and Transportation Terminals, Major. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of large trucks, buses, construction equipment, agricultural equipment and similar large vehicles, including parcel service delivery vehicles. Also includes uses engaged in the moving of household or office furniture, appliances and equipment from one location to another, including the temporary on-site storage of those items.^♦
D.
Warehouse. Uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods, including wholesale sales and distribution of goods, and that do not meet the definition of “self-service storage” use or a “trucking and transportation terminal.” Such uses may include incidental retail sales and wholesale showrooms. Expressly includes the following uses: bottled gas and fuel oil sales, flea markets, ice distribution centers, monument sales, portable storage building sales, vending machine sales, auctioneers, and frozen food lockers.^♦

3.6.2 INDUSTRIAL SERVICE

Uses engaged in the construction, maintenance, repair or servicing of residential, commercial, or industrial buildings, machinery and materials.^♦

A.
Light.
Uses involved in construction, repair and maintenance, but not involving outdoor storage areas. Examples include janitorial, carpet cleaning, extermination, plumbing, electrical, window cleaning, general contracting services and similar building maintenance services. ^♦
B.
Intensive.
Light uses involving outdoor storage areas and uses involved in repair and maintenance directly to business consumers or involving large equipment. Examples include welding shops; machine shops; publishing and lithography; redemption centers; laundry, dry-cleaning, and carpet cleaning plants; photofinishing laboratories; and construction, maintenance and repair services that are not otherwise classified.^♦
C.
Supplemental Use Regulations.
Industrial service uses are subject to the following:
1. 1.
  No part of the use may be a residential use.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  For intensive uses, the owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  For intensive uses, the use shall be operated in strict conformance with the written statement provided to the neighborhood services director.
5. 5.
  For intensive uses, all outdoor storage areas shall be designed to allow no part of any stored material, vehicles or equipment to encroach into the required setbacks.

6.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.

3.6.3 STORAGE, DISTRIBUTION AND WHOLESALING

A.
Equipment and Materials Storage, Outdoor. Uses, excluding junk and salvage yards, that constitute outdoor storage of equipment, products or materials, whether or not stored in containers. All such uses shall comply with the requirements of subsections B, C, D, and E of section 134-3.9.6 of this article.^♦
B.
Trucking and Transportation Terminals, Minor. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of medical transport vans, taxis and limousines.^♦
C.
Trucking and Transportation Terminals, Major. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of large trucks, buses, construction equipment, agricultural equipment and similar large vehicles, including parcel service delivery vehicles. Also includes uses engaged in the moving of household or office furniture, appliances and equipment from one location to another, including the temporary on-site storage of those items.^♦
D.
Warehouse. Uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods, including wholesale sales and distribution of goods, and that do not meet the definition of “self-service storage” use or a “trucking and transportation terminal.” Such uses may include incidental retail sales and wholesale showrooms. Expressly includes the following uses: bottled gas and fuel oil sales, flea markets, ice distribution centers, monument sales, portable storage building sales, vending machine sales, auctioneers, and frozen food lockers.^♦

3.6.2 INDUSTRIAL SERVICE

Uses engaged in the construction, maintenance, repair or servicing of residential, commercial, or industrial buildings, machinery and materials.^♦

A.
Light.
Uses involved in construction, repair and maintenance, but not involving outdoor storage areas. Examples include janitorial, carpet cleaning, extermination, plumbing, electrical, window cleaning, general contracting services and similar building maintenance services. ^♦
B.
Intensive.
Light uses involving outdoor storage areas and uses involved in repair and maintenance directly to business consumers or involving large equipment. Examples include welding shops; machine shops; publishing and lithography; redemption centers; laundry, dry-cleaning, and carpet cleaning plants; photofinishing laboratories; and construction, maintenance and repair services that are not otherwise classified.^♦
C.
Supplemental Use Regulations.
Industrial service uses are subject to the following:
1. 1.
  No part of the use may be a residential use.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  For intensive uses, the owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  For intensive uses, the use shall be operated in strict conformance with the written statement provided to the neighborhood services director.
5. 5.
  For intensive uses, all outdoor storage areas shall be designed to allow no part of any stored material, vehicles or equipment to encroach into the required setbacks.

6.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.

3.6.3 STORAGE, DISTRIBUTION AND WHOLESALING

A.
Equipment and Materials Storage, Outdoor. Uses, excluding junk and salvage yards, that constitute outdoor storage of equipment, products or materials, whether or not stored in containers. All such uses shall comply with the requirements of subsections B, C, D, and E of section 134-3.9.6 of this article.^♦
B.
Trucking and Transportation Terminals, Minor. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of medical transport vans, taxis and limousines.^♦
C.
Trucking and Transportation Terminals, Major. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of large trucks, buses, construction equipment, agricultural equipment and similar large vehicles, including parcel service delivery vehicles. Also includes uses engaged in the moving of household or office furniture, appliances and equipment from one location to another, including the temporary on-site storage of those items.^♦
D.
Warehouse. Uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods, including wholesale sales and distribution of goods, and that do not meet the definition of “self-service storage” use or a “trucking and transportation terminal.” Such uses may include incidental retail sales and wholesale showrooms. Expressly includes the following uses: bottled gas and fuel oil sales, flea markets, ice distribution centers, monument sales, portable storage building sales, vending machine sales, auctioneers, and frozen food lockers.^♦

134-3. USES

Industrial Use Category

E.
Supplemental Use Regulations. Storage, distribution, and wholesaling uses are subject to the following:^♦

1.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.
2.
No part of the use may be a residential use.
3.
No odors, gases, noise, vibration, pollution of air, water or soil, or lighting is emitted onto any adjoining property so as to create a nuisance.
4.
The owner or occupant has provided the neighborhood services department with a written statement upon a form acceptable to the neighborhood services director describing the use to occur upon the property and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use, and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
5.
The use shall be operated in strict conformance with the statement provided pursuant to paragraph 4, above.

3.6.4 JUNK OR SALVAGE YARD

A.
Description. A building or open area where waste, scrap, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, processed, recycled, or handled for reclamation, disposal or other similar purposes, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles encompassing either:
1. 1.
  An area of 200 square feet or more; or
2. 2.
  Two or more inoperable motor vehicles, or used parts and materials thereof, which taken together equal the bulk of two or more motor vehicles.
For purposes of this chapter and chapter 135 of this code, references to “junk or salvage yard” include solid waste transfer stations and appliance demanufacturing.^♦

B.
Supplemental Use Regulations. Junk or salvage yard uses are subject to the following:
1. 1.
  All driveways, parking lots and areas used for temporary storage of vehicles must be surfaced with an asphaltic or Portland cement binder pavement or such other surfaces approved by the city engineer so as to provide a durable and dustless surface, and must be graded to properly drain all surface water accumulation within the area.
2. 2.
  All areas outside a completely enclosed building used for the storage of inoperable or unsafe vehicles, junk or salvage materials must be enclosed on all sides by a solid opaque fence and gates at least eight feet in height and of uniform design and color, so as to effectively screen such areas from public view. If such area abuts an area upon the adjoining property that is also used for the storage of inoperable or unsafe vehicles, junk or salvage materials, no fence or setback is required along the common property line while such adjoining use continues. All fences shall be maintained in good repair.
3. 3.
  Junk and salvage materials may not be stacked higher than the perimeter fence within 75 feet of the fence and may not be stacked higher than 25 feet anywhere on the site.
4. 4.
  The dismantling or repair of vehicles shall occur only upon an impermeable surface with adequate provision for the collection and disposal of fluids and wastes.^♦
5. 5.
  Any junk or salvage yard shall provide a paved area for the receipt and temporary storage of material, which is screened from the adjoining public right-of-way.
6. 6.
  The best practical control technology shall be employed to minimize any obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance generated by the proposed use, and the best practical means known shall be employed for the disposal of refuse matter.
7. 7.
  Any junk or salvage yard requiring a license or permit from the Iowa Department of Natural Resources or similar State agency shall provide proof of valid license or permit, as applicable, to the neighborhood services department prior to commencing such use and following any amendment or renewal to said license or permit.^♦

E.
Supplemental Use Regulations. Storage, distribution, and wholesaling uses are subject to the following:^♦

1.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.
2.
No part of the use may be a residential use.
3.
No odors, gases, noise, vibration, pollution of air, water or soil, or lighting is emitted onto any adjoining property so as to create a nuisance.
4.
The owner or occupant has provided the neighborhood services department with a written statement upon a form acceptable to the neighborhood services director describing the use to occur upon the property and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use, and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
5.
The use shall be operated in strict conformance with the statement provided pursuant to paragraph 4, above.

3.6.4 JUNK OR SALVAGE YARD

A.
Description. A building or open area where waste, scrap, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, processed, recycled, or handled for reclamation, disposal or other similar purposes, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles encompassing either:
1. 1.
  An area of 200 square feet or more; or
2. 2.
  Two or more inoperable motor vehicles, or used parts and materials thereof, which taken together equal the bulk of two or more motor vehicles.
For purposes of this chapter and chapter 135 of this code, references to “junk or salvage yard” include solid waste transfer stations and appliance demanufacturing.^♦

B.
Supplemental Use Regulations. Junk or salvage yard uses are subject to the following:
1. 1.
  All driveways, parking lots and areas used for temporary storage of vehicles must be surfaced with an asphaltic or Portland cement binder pavement or such other surfaces approved by the city engineer so as to provide a durable and dustless surface, and must be graded to properly drain all surface water accumulation within the area.
2. 2.
  All areas outside a completely enclosed building used for the storage of inoperable or unsafe vehicles, junk or salvage materials must be enclosed on all sides by a solid opaque fence and gates at least eight feet in height and of uniform design and color, so as to effectively screen such areas from public view. If such area abuts an area upon the adjoining property that is also used for the storage of inoperable or unsafe vehicles, junk or salvage materials, no fence or setback is required along the common property line while such adjoining use continues. All fences shall be maintained in good repair.
3. 3.
  Junk and salvage materials may not be stacked higher than the perimeter fence within 75 feet of the fence and may not be stacked higher than 25 feet anywhere on the site.
4. 4.
  The dismantling or repair of vehicles shall occur only upon an impermeable surface with adequate provision for the collection and disposal of fluids and wastes.^♦
5. 5.
  Any junk or salvage yard shall provide a paved area for the receipt and temporary storage of material, which is screened from the adjoining public right-of-way.
6. 6.
  The best practical control technology shall be employed to minimize any obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance generated by the proposed use, and the best practical means known shall be employed for the disposal of refuse matter.
7. 7.
  Any junk or salvage yard requiring a license or permit from the Iowa Department of Natural Resources or similar State agency shall provide proof of valid license or permit, as applicable, to the neighborhood services department prior to commencing such use and following any amendment or renewal to said license or permit.^♦

E.
Supplemental Use Regulations. Storage, distribution, and wholesaling uses are subject to the following:^♦

1.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.
2.
No part of the use may be a residential use.
3.
No odors, gases, noise, vibration, pollution of air, water or soil, or lighting is emitted onto any adjoining property so as to create a nuisance.
4.
The owner or occupant has provided the neighborhood services department with a written statement upon a form acceptable to the neighborhood services director describing the use to occur upon the property and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use, and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
5.
The use shall be operated in strict conformance with the statement provided pursuant to paragraph 4, above.

3.6.4 JUNK OR SALVAGE YARD

A.
Description. A building or open area where waste, scrap, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, processed, recycled, or handled for reclamation, disposal or other similar purposes, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles encompassing either:
1. 1.
  An area of 200 square feet or more; or
2. 2.
  Two or more inoperable motor vehicles, or used parts and materials thereof, which taken together equal the bulk of two or more motor vehicles.
For purposes of this chapter and chapter 135 of this code, references to “junk or salvage yard” include solid waste transfer stations and appliance demanufacturing.^♦

B.
Supplemental Use Regulations. Junk or salvage yard uses are subject to the following:
1. 1.
  All driveways, parking lots and areas used for temporary storage of vehicles must be surfaced with an asphaltic or Portland cement binder pavement or such other surfaces approved by the city engineer so as to provide a durable and dustless surface, and must be graded to properly drain all surface water accumulation within the area.
2. 2.
  All areas outside a completely enclosed building used for the storage of inoperable or unsafe vehicles, junk or salvage materials must be enclosed on all sides by a solid opaque fence and gates at least eight feet in height and of uniform design and color, so as to effectively screen such areas from public view. If such area abuts an area upon the adjoining property that is also used for the storage of inoperable or unsafe vehicles, junk or salvage materials, no fence or setback is required along the common property line while such adjoining use continues. All fences shall be maintained in good repair.
3. 3.
  Junk and salvage materials may not be stacked higher than the perimeter fence within 75 feet of the fence and may not be stacked higher than 25 feet anywhere on the site.
4. 4.
  The dismantling or repair of vehicles shall occur only upon an impermeable surface with adequate provision for the collection and disposal of fluids and wastes.^♦
5. 5.
  Any junk or salvage yard shall provide a paved area for the receipt and temporary storage of material, which is screened from the adjoining public right-of-way.
6. 6.
  The best practical control technology shall be employed to minimize any obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance generated by the proposed use, and the best practical means known shall be employed for the disposal of refuse matter.
7. 7.
  Any junk or salvage yard requiring a license or permit from the Iowa Department of Natural Resources or similar State agency shall provide proof of valid license or permit, as applicable, to the neighborhood services department prior to commencing such use and following any amendment or renewal to said license or permit.^♦

E.
Supplemental Use Regulations. Storage, distribution, and wholesaling uses are subject to the following:^♦

1.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.
2.
No part of the use may be a residential use.
3.
No odors, gases, noise, vibration, pollution of air, water or soil, or lighting is emitted onto any adjoining property so as to create a nuisance.
4.
The owner or occupant has provided the neighborhood services department with a written statement upon a form acceptable to the neighborhood services director describing the use to occur upon the property and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use, and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
5.
The use shall be operated in strict conformance with the statement provided pursuant to paragraph 4, above.

3.6.4 JUNK OR SALVAGE YARD

A.
Description. A building or open area where waste, scrap, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, processed, recycled, or handled for reclamation, disposal or other similar purposes, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles encompassing either:
1. 1.
  An area of 200 square feet or more; or
2. 2.
  Two or more inoperable motor vehicles, or used parts and materials thereof, which taken together equal the bulk of two or more motor vehicles.
For purposes of this chapter and chapter 135 of this code, references to “junk or salvage yard” include solid waste transfer stations and appliance demanufacturing.^♦

B.
Supplemental Use Regulations. Junk or salvage yard uses are subject to the following:
1. 1.
  All driveways, parking lots and areas used for temporary storage of vehicles must be surfaced with an asphaltic or Portland cement binder pavement or such other surfaces approved by the city engineer so as to provide a durable and dustless surface, and must be graded to properly drain all surface water accumulation within the area.
2. 2.
  All areas outside a completely enclosed building used for the storage of inoperable or unsafe vehicles, junk or salvage materials must be enclosed on all sides by a solid opaque fence and gates at least eight feet in height and of uniform design and color, so as to effectively screen such areas from public view. If such area abuts an area upon the adjoining property that is also used for the storage of inoperable or unsafe vehicles, junk or salvage materials, no fence or setback is required along the common property line while such adjoining use continues. All fences shall be maintained in good repair.
3. 3.
  Junk and salvage materials may not be stacked higher than the perimeter fence within 75 feet of the fence and may not be stacked higher than 25 feet anywhere on the site.
4. 4.
  The dismantling or repair of vehicles shall occur only upon an impermeable surface with adequate provision for the collection and disposal of fluids and wastes.^♦
5. 5.
  Any junk or salvage yard shall provide a paved area for the receipt and temporary storage of material, which is screened from the adjoining public right-of-way.
6. 6.
  The best practical control technology shall be employed to minimize any obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance generated by the proposed use, and the best practical means known shall be employed for the disposal of refuse matter.
7. 7.
  Any junk or salvage yard requiring a license or permit from the Iowa Department of Natural Resources or similar State agency shall provide proof of valid license or permit, as applicable, to the neighborhood services department prior to commencing such use and following any amendment or renewal to said license or permit.^♦

134-3. USES

Agricultural Use Category

3.6.5 MINING OR MINERAL PROCESSING

The mining or extraction of mineral or aggregate resources from the ground for off-site use. Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining; and oil or gas.

134-3.7 Agricultural Use Category

3.7.1 AQUACULTURE, AQUAPONICS, AEROPONICS OR HYDROPONICS^♦

The raising and harvesting of plants in a contained and managed non-soil environment. These agricultural techniques may include the raising and harvesting of aquatic organisms. This use category is typically associated with large format operations that are heavily commercial in nature. This type of agriculture may be permitted as an accessory use pursuant to section 134-3.9 of this code. Aquaculture, aquaponic, aeroponics or hydroponic uses are subject to the following supplemental use regulations:

A.
Shall be conducted within a building unless located in an agricultural district.
B.
Shall be operated in a manner that does not create odor or attract vectors or pests.

3.7.2 GREENHOUSES, NURSERY, ORCHARD OR TRUCK FARM^♦

The propagation and growth of trees or crops for wholesale or retail sales and distribution. This principal use category is typically associated with large format operations. This type of agriculture may be permitted as an accessory use pursuant to section 134-3.9 of this code. Does not include on-site retail sales unless such sales are otherwise allowed in the subject zoning district. Typical uses include plant nurseries, the growing of fruits, vegetables, nuts and non-food crops primarily for local wholesale and retail sales.

3.7.3 ROW CROP PRODUCTION^♦

An area managed and maintained by an individual, group or business entity to grow row crops. This use typically utilizes large scale equipment and large tracts of land.

3.7.4 URBAN GARDEN^♦

Areas utilized for the production of crops for profit or non-profit. An urban garden may be divided into separate garden

plots for cultivation by one or more individuals or may be farmed collectively. This type of agriculture may be permitted as an accessory use pursuant to section 134-3.9 of this code. Urban gardens are subject to the following supplemental use regulations:

A.
Gardens that are accessory to a household living use are

exempt from these supplemental use regulations.

B.
Unless permitted in the subject zoning district, on-site sales shall be limited as follows:
1. 1.
  Only crops grown on the site may be sold on site.
2. 2.
  On-site sales may occur during the hours of 7:00 AM to 7:00 PM. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
3. 3.
  Sale events shall be limited to a total of no more than sixteen (16) days in any calendar year, with each sale event limited to no more than two consecutive days in duration. These limits apply on a per-site basis, regardless of the person conducting the sale. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
4. 4.
  Vending machines or other similar equipment shall be located within a building that is compliant with chapter 135 of this code.
C.
Gardening equipment shall be limited to handheld or walk-behind equipment or sub-compact tractor size typical of residential use.
D.
All equipment must be stored in a completely enclosed building when not in use.
E.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
F.
The garden site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
G.
On-site trash, recycling and compost containers must be located and maintained as far as practicable from residential household units located on other lots.
H.
A sign must be posted on the subject property identifying

3.6.5 MINING OR MINERAL PROCESSING

134-3.7 Agricultural Use Category

3.7.1 AQUACULTURE, AQUAPONICS, AEROPONICS OR HYDROPONICS^♦

A.
Shall be conducted within a building unless located in an agricultural district.
B.
Shall be operated in a manner that does not create odor or attract vectors or pests.

3.7.2 GREENHOUSES, NURSERY, ORCHARD OR TRUCK FARM^♦

3.7.3 ROW CROP PRODUCTION^♦

An area managed and maintained by an individual, group or business entity to grow row crops. This use typically utilizes large scale equipment and large tracts of land.

3.7.4 URBAN GARDEN^♦

Areas utilized for the production of crops for profit or non-profit. An urban garden may be divided into separate garden

A.
Gardens that are accessory to a household living use are

exempt from these supplemental use regulations.

B.
Unless permitted in the subject zoning district, on-site sales shall be limited as follows:
1. 1.
  Only crops grown on the site may be sold on site.
2. 2.
  On-site sales may occur during the hours of 7:00 AM to 7:00 PM. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
3. 3.
  Sale events shall be limited to a total of no more than sixteen (16) days in any calendar year, with each sale event limited to no more than two consecutive days in duration. These limits apply on a per-site basis, regardless of the person conducting the sale. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
4. 4.
  Vending machines or other similar equipment shall be located within a building that is compliant with chapter 135 of this code.
C.
Gardening equipment shall be limited to handheld or walk-behind equipment or sub-compact tractor size typical of residential use.
D.
All equipment must be stored in a completely enclosed building when not in use.
E.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
F.
The garden site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
G.
On-site trash, recycling and compost containers must be located and maintained as far as practicable from residential household units located on other lots.
H.
A sign must be posted on the subject property identifying

3.6.5 MINING OR MINERAL PROCESSING

134-3.7 Agricultural Use Category

3.7.1 AQUACULTURE, AQUAPONICS, AEROPONICS OR HYDROPONICS^♦

A.
Shall be conducted within a building unless located in an agricultural district.
B.
Shall be operated in a manner that does not create odor or attract vectors or pests.

3.7.2 GREENHOUSES, NURSERY, ORCHARD OR TRUCK FARM^♦

3.7.3 ROW CROP PRODUCTION^♦

An area managed and maintained by an individual, group or business entity to grow row crops. This use typically utilizes large scale equipment and large tracts of land.

3.7.4 URBAN GARDEN^♦

Areas utilized for the production of crops for profit or non-profit. An urban garden may be divided into separate garden

A.
Gardens that are accessory to a household living use are

exempt from these supplemental use regulations.

B.
Unless permitted in the subject zoning district, on-site sales shall be limited as follows:
1. 1.
  Only crops grown on the site may be sold on site.
2. 2.
  On-site sales may occur during the hours of 7:00 AM to 7:00 PM. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
3. 3.
  Sale events shall be limited to a total of no more than sixteen (16) days in any calendar year, with each sale event limited to no more than two consecutive days in duration. These limits apply on a per-site basis, regardless of the person conducting the sale. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
4. 4.
  Vending machines or other similar equipment shall be located within a building that is compliant with chapter 135 of this code.
C.
Gardening equipment shall be limited to handheld or walk-behind equipment or sub-compact tractor size typical of residential use.
D.
All equipment must be stored in a completely enclosed building when not in use.
E.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
F.
The garden site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
G.
On-site trash, recycling and compost containers must be located and maintained as far as practicable from residential household units located on other lots.
H.
A sign must be posted on the subject property identifying

3.6.5 MINING OR MINERAL PROCESSING

134-3.7 Agricultural Use Category

3.7.1 AQUACULTURE, AQUAPONICS, AEROPONICS OR HYDROPONICS^♦

A.
Shall be conducted within a building unless located in an agricultural district.
B.
Shall be operated in a manner that does not create odor or attract vectors or pests.

3.7.2 GREENHOUSES, NURSERY, ORCHARD OR TRUCK FARM^♦

3.7.3 ROW CROP PRODUCTION^♦

An area managed and maintained by an individual, group or business entity to grow row crops. This use typically utilizes large scale equipment and large tracts of land.

3.7.4 URBAN GARDEN^♦

Areas utilized for the production of crops for profit or non-profit. An urban garden may be divided into separate garden

A.
Gardens that are accessory to a household living use are

exempt from these supplemental use regulations.

B.
Unless permitted in the subject zoning district, on-site sales shall be limited as follows:
1. 1.
  Only crops grown on the site may be sold on site.
2. 2.
  On-site sales may occur during the hours of 7:00 AM to 7:00 PM. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
3. 3.
  Sale events shall be limited to a total of no more than sixteen (16) days in any calendar year, with each sale event limited to no more than two consecutive days in duration. These limits apply on a per-site basis, regardless of the person conducting the sale. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
4. 4.
  Vending machines or other similar equipment shall be located within a building that is compliant with chapter 135 of this code.
C.
Gardening equipment shall be limited to handheld or walk-behind equipment or sub-compact tractor size typical of residential use.
D.
All equipment must be stored in a completely enclosed building when not in use.
E.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
F.
The garden site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
G.
On-site trash, recycling and compost containers must be located and maintained as far as practicable from residential household units located on other lots.
H.
A sign must be posted on the subject property identifying

134-3. USES

Agricultural Use Category

the name and contact information of the property owner or the owner’s agent. The sign must be at least four and no more than six square feet in area and be posted so that it is legible from the public right-of-way.

I.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
J.
Accessory hydroponic, aeroponic, or other non-soil technology components of a garden shall be operated in a manner that does not create odor or attract vectors or pests.
K.
Any animal husbandry shall be in compliance with chapter 18 of this code.

3.7.5 URBAN FARM^♦

Areas utilized for the production of crops for profit or non-profit and may provide agricultural education activities, such as volunteer programs, farm tours, youth programs and farming classes. Urban Farms are subject to the following supplemental use regulations:

A.
Unless otherwise permitted in the subject zoning district, on-site sales shall take place between the hours of 7:00 AM and 7:00 PM.
B.
Farming equipment shall be limited to handheld or walk-behind equipment or compact tractor size typical of residential and commercial landscaping use.
C.
All equipment must be stored in a completely enclosed building when not in use.
D.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
E.
The site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
F.
On-site trash, recycling and compost containers must be

located and maintained as far as practicable from residential household units located on other lots.

G.
A sign must be posted on the subject property identifying the name and contact information of any farm operator and may identify the property owner or the owner’s agent. The sign must be at least four and no more than six square feet in area and be posted so that it is legible from the public right-of-way.
H.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
I.
Accessory hydroponic, aeroponic, or other non-soil technology components of a farm shall be operated in a manner that does not create odor or attract vectors or pests.
J.
Any animal husbandry shall be in compliance with chapter 18 of this code.

134-3.8 Other Use Category^♦

This category includes uses that are not covered, in full or in part, by the previously described use categories of this article.

3.8.1 CONSUMER FIREWORKS SALES^♦

A.
Retail sales of Consumer Fireworks, as defined in chapter 46 of this code, shall be permitted only in those zoning districts where such sales are specifically classified as permitted uses by applicable district regulations.
B.
In each zoning district where retail sales of Consumer Fireworks, as defined in chapter 46 of this code, are classified as a permitted use, such sales shall be undertaken in full compliance with chapter 46 of this code.^♦

134-3.9 Accessory Uses

3.9.1 GENERALLY APPLICABLE REGULATIONS

A.
Accessory Uses Allowed. Accessory uses are allowed only in connection with lawfully established principal uses.

I.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
J.
Accessory hydroponic, aeroponic, or other non-soil technology components of a garden shall be operated in a manner that does not create odor or attract vectors or pests.
K.
Any animal husbandry shall be in compliance with chapter 18 of this code.

3.7.5 URBAN FARM^♦

A.
Unless otherwise permitted in the subject zoning district, on-site sales shall take place between the hours of 7:00 AM and 7:00 PM.
B.
Farming equipment shall be limited to handheld or walk-behind equipment or compact tractor size typical of residential and commercial landscaping use.
C.
All equipment must be stored in a completely enclosed building when not in use.
D.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
E.
The site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
F.
On-site trash, recycling and compost containers must be

located and maintained as far as practicable from residential household units located on other lots.

G.
A sign must be posted on the subject property identifying the name and contact information of any farm operator and may identify the property owner or the owner’s agent. The sign must be at least four and no more than six square feet in area and be posted so that it is legible from the public right-of-way.
H.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
I.
Accessory hydroponic, aeroponic, or other non-soil technology components of a farm shall be operated in a manner that does not create odor or attract vectors or pests.
J.
Any animal husbandry shall be in compliance with chapter 18 of this code.

134-3.8 Other Use Category^♦

This category includes uses that are not covered, in full or in part, by the previously described use categories of this article.

3.8.1 CONSUMER FIREWORKS SALES^♦

A.
Retail sales of Consumer Fireworks, as defined in chapter 46 of this code, shall be permitted only in those zoning districts where such sales are specifically classified as permitted uses by applicable district regulations.
B.
In each zoning district where retail sales of Consumer Fireworks, as defined in chapter 46 of this code, are classified as a permitted use, such sales shall be undertaken in full compliance with chapter 46 of this code.^♦

134-3.9 Accessory Uses

3.9.1 GENERALLY APPLICABLE REGULATIONS

A.
Accessory Uses Allowed. Accessory uses are allowed only in connection with lawfully established principal uses.

I.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
J.
Accessory hydroponic, aeroponic, or other non-soil technology components of a garden shall be operated in a manner that does not create odor or attract vectors or pests.
K.
Any animal husbandry shall be in compliance with chapter 18 of this code.

3.7.5 URBAN FARM^♦

A.
Unless otherwise permitted in the subject zoning district, on-site sales shall take place between the hours of 7:00 AM and 7:00 PM.
B.
Farming equipment shall be limited to handheld or walk-behind equipment or compact tractor size typical of residential and commercial landscaping use.
C.
All equipment must be stored in a completely enclosed building when not in use.
D.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
E.
The site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
F.
On-site trash, recycling and compost containers must be

located and maintained as far as practicable from residential household units located on other lots.

G.
A sign must be posted on the subject property identifying the name and contact information of any farm operator and may identify the property owner or the owner’s agent. The sign must be at least four and no more than six square feet in area and be posted so that it is legible from the public right-of-way.
H.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
I.
Accessory hydroponic, aeroponic, or other non-soil technology components of a farm shall be operated in a manner that does not create odor or attract vectors or pests.
J.
Any animal husbandry shall be in compliance with chapter 18 of this code.

134-3.8 Other Use Category^♦

This category includes uses that are not covered, in full or in part, by the previously described use categories of this article.

3.8.1 CONSUMER FIREWORKS SALES^♦

A.
Retail sales of Consumer Fireworks, as defined in chapter 46 of this code, shall be permitted only in those zoning districts where such sales are specifically classified as permitted uses by applicable district regulations.
B.
In each zoning district where retail sales of Consumer Fireworks, as defined in chapter 46 of this code, are classified as a permitted use, such sales shall be undertaken in full compliance with chapter 46 of this code.^♦

134-3.9 Accessory Uses

3.9.1 GENERALLY APPLICABLE REGULATIONS

A.
Accessory Uses Allowed. Accessory uses are allowed only in connection with lawfully established principal uses.

I.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
J.
Accessory hydroponic, aeroponic, or other non-soil technology components of a garden shall be operated in a manner that does not create odor or attract vectors or pests.
K.
Any animal husbandry shall be in compliance with chapter 18 of this code.

3.7.5 URBAN FARM^♦

A.
Unless otherwise permitted in the subject zoning district, on-site sales shall take place between the hours of 7:00 AM and 7:00 PM.
B.
Farming equipment shall be limited to handheld or walk-behind equipment or compact tractor size typical of residential and commercial landscaping use.
C.
All equipment must be stored in a completely enclosed building when not in use.
D.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
E.
The site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
F.
On-site trash, recycling and compost containers must be

located and maintained as far as practicable from residential household units located on other lots.

G.
A sign must be posted on the subject property identifying the name and contact information of any farm operator and may identify the property owner or the owner’s agent. The sign must be at least four and no more than six square feet in area and be posted so that it is legible from the public right-of-way.
H.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
I.
Accessory hydroponic, aeroponic, or other non-soil technology components of a farm shall be operated in a manner that does not create odor or attract vectors or pests.
J.
Any animal husbandry shall be in compliance with chapter 18 of this code.

134-3.8 Other Use Category^♦

This category includes uses that are not covered, in full or in part, by the previously described use categories of this article.

3.8.1 CONSUMER FIREWORKS SALES^♦

A.
Retail sales of Consumer Fireworks, as defined in chapter 46 of this code, shall be permitted only in those zoning districts where such sales are specifically classified as permitted uses by applicable district regulations.
B.
In each zoning district where retail sales of Consumer Fireworks, as defined in chapter 46 of this code, are classified as a permitted use, such sales shall be undertaken in full compliance with chapter 46 of this code.^♦

134-3.9 Accessory Uses

3.9.1 GENERALLY APPLICABLE REGULATIONS

A.
Accessory Uses Allowed. Accessory uses are allowed only in connection with lawfully established principal uses.

134-3. USES

Accessory Uses

B.
Allowed Uses. Allowed accessory uses are limited to those expressly regulated in this section as well as those that are determined appropriate by the neighborhood services director. In making a determination, the neighborhood services director may consider the following criteria:
1. 1.
  They are customarily found in conjunction with the principal use of the subject property;
2. 2.
  They are subordinate and clearly incidental to the principal use of the property; and
3. 3.
  They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principal use and the community.
4. 4.
  If the proposed allowed accessory use will be located in a “bus shelter or bench for public transit use” as defined and regulated by section 135-2.22.3.K of this code, then said use may be accessory either to a principal use or structure, or accessory to a lot that is vacant and does not contain a principal use or structure.^♦

5.
If the proposed allowed accessory use will be located in an “other outdoor automated accessory structure” as defined and regulated by section 135-2.22.3.L of this code, then said accessory use shall be restricted to dispensing only products that are accessory to a retail sales use or financial service use that is permitted in the applicable zoning district of the lot on which said uses are to be located, and shall not dispense alcoholic liquor, wine, beer, or tobacco products.^♦

C.
Time of Construction and Establishment. Accessory uses may be established only after the principal use of the property is in place.

D.
Location. Accessory uses must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
E.
Accessory Structures. See section 135-2.22 of this code for regulations governing accessory structures.
F.
Connection to a Principal Structure. A structure which might otherwise be considered an accessory building, but which is connected to the principal structure by a breezeway or other extension of the principal structure containing a functional roof and floor shall, for the purposes of this chapter:
1. 1.
  Lose its status as an accessory building;

2.
Become part of the principal structure; and,
3.
Shall be subject to all restrictions applicable to a principal structure.

3.9.2 ACCESSORY DWELLING UNITS (ADU)^♦

A.
Where Allowed. Accessory dwelling units (ADUs) that comply with this section 134-3.9.2, and with all other applicable sections of this code, are permitted in the A, DXR, RX1, RX2, N and NX districts where accessory to a one household dwelling on the same lot.^♦
B.
Number Allowed. No more than one ADU is permitted on a single lot.^♦
C.
Location. ADUs may be located internally within the principal dwelling unit or in a detached accessory outbuilding pursuant to section 135-2.22 of this code.^♦
D.
Floor Area. The floor area of an ADU may not exceed 50% of the floor area within the principal household unit or 1,000 square feet, whichever is larger.^♦

3.9.3 DRIVE-IN AND DRIVE-THROUGH USES

A.
Description. A use accessory to a principal use that offers service directly to occupants of motor vehicles. Such uses are typically associated with restaurants, banks and pharmacies.
B.
Exceptions. Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees or amplified sound are not classified as drive-in or drive-through facilities if they meet the criteria for classification as an accessory use.
C.
Structure. See the accessory structure regulations of section 135-2.22 of this code.^♦

3.9.4 HOME OCCUPATIONS

A.
Description. Home occupations are business activities or professions conducted wholly or partly within a property as an accessory use to an allowed household living principal use.
B.
General Regulations for All Home Occupations. All home occupations are subject to the following regulations:

B.
Allowed Uses. Allowed accessory uses are limited to those expressly regulated in this section as well as those that are determined appropriate by the neighborhood services director. In making a determination, the neighborhood services director may consider the following criteria:
1. 1.
  They are customarily found in conjunction with the principal use of the subject property;
2. 2.
  They are subordinate and clearly incidental to the principal use of the property; and
3. 3.
  They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principal use and the community.
4. 4.
  If the proposed allowed accessory use will be located in a “bus shelter or bench for public transit use” as defined and regulated by section 135-2.22.3.K of this code, then said use may be accessory either to a principal use or structure, or accessory to a lot that is vacant and does not contain a principal use or structure.^♦

5.
If the proposed allowed accessory use will be located in an “other outdoor automated accessory structure” as defined and regulated by section 135-2.22.3.L of this code, then said accessory use shall be restricted to dispensing only products that are accessory to a retail sales use or financial service use that is permitted in the applicable zoning district of the lot on which said uses are to be located, and shall not dispense alcoholic liquor, wine, beer, or tobacco products.^♦

C.
Time of Construction and Establishment. Accessory uses may be established only after the principal use of the property is in place.

D.
Location. Accessory uses must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
E.
Accessory Structures. See section 135-2.22 of this code for regulations governing accessory structures.
F.
Connection to a Principal Structure. A structure which might otherwise be considered an accessory building, but which is connected to the principal structure by a breezeway or other extension of the principal structure containing a functional roof and floor shall, for the purposes of this chapter:
1. 1.
  Lose its status as an accessory building;

2.
Become part of the principal structure; and,
3.
Shall be subject to all restrictions applicable to a principal structure.

3.9.2 ACCESSORY DWELLING UNITS (ADU)^♦

A.
Where Allowed. Accessory dwelling units (ADUs) that comply with this section 134-3.9.2, and with all other applicable sections of this code, are permitted in the A, DXR, RX1, RX2, N and NX districts where accessory to a one household dwelling on the same lot.^♦
B.
Number Allowed. No more than one ADU is permitted on a single lot.^♦
C.
Location. ADUs may be located internally within the principal dwelling unit or in a detached accessory outbuilding pursuant to section 135-2.22 of this code.^♦
D.
Floor Area. The floor area of an ADU may not exceed 50% of the floor area within the principal household unit or 1,000 square feet, whichever is larger.^♦

3.9.3 DRIVE-IN AND DRIVE-THROUGH USES

A.
Description. A use accessory to a principal use that offers service directly to occupants of motor vehicles. Such uses are typically associated with restaurants, banks and pharmacies.
B.
Exceptions. Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees or amplified sound are not classified as drive-in or drive-through facilities if they meet the criteria for classification as an accessory use.
C.
Structure. See the accessory structure regulations of section 135-2.22 of this code.^♦

3.9.4 HOME OCCUPATIONS

A.
Description. Home occupations are business activities or professions conducted wholly or partly within a property as an accessory use to an allowed household living principal use.
B.
General Regulations for All Home Occupations. All home occupations are subject to the following regulations:

B.
Allowed Uses. Allowed accessory uses are limited to those expressly regulated in this section as well as those that are determined appropriate by the neighborhood services director. In making a determination, the neighborhood services director may consider the following criteria:
1. 1.
  They are customarily found in conjunction with the principal use of the subject property;
2. 2.
  They are subordinate and clearly incidental to the principal use of the property; and
3. 3.
  They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principal use and the community.
4. 4.
  If the proposed allowed accessory use will be located in a “bus shelter or bench for public transit use” as defined and regulated by section 135-2.22.3.K of this code, then said use may be accessory either to a principal use or structure, or accessory to a lot that is vacant and does not contain a principal use or structure.^♦

5.
If the proposed allowed accessory use will be located in an “other outdoor automated accessory structure” as defined and regulated by section 135-2.22.3.L of this code, then said accessory use shall be restricted to dispensing only products that are accessory to a retail sales use or financial service use that is permitted in the applicable zoning district of the lot on which said uses are to be located, and shall not dispense alcoholic liquor, wine, beer, or tobacco products.^♦

C.
Time of Construction and Establishment. Accessory uses may be established only after the principal use of the property is in place.

D.
Location. Accessory uses must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
E.
Accessory Structures. See section 135-2.22 of this code for regulations governing accessory structures.
F.
Connection to a Principal Structure. A structure which might otherwise be considered an accessory building, but which is connected to the principal structure by a breezeway or other extension of the principal structure containing a functional roof and floor shall, for the purposes of this chapter:
1. 1.
  Lose its status as an accessory building;

2.
Become part of the principal structure; and,
3.
Shall be subject to all restrictions applicable to a principal structure.

3.9.2 ACCESSORY DWELLING UNITS (ADU)^♦

A.
Where Allowed. Accessory dwelling units (ADUs) that comply with this section 134-3.9.2, and with all other applicable sections of this code, are permitted in the A, DXR, RX1, RX2, N and NX districts where accessory to a one household dwelling on the same lot.^♦
B.
Number Allowed. No more than one ADU is permitted on a single lot.^♦
C.
Location. ADUs may be located internally within the principal dwelling unit or in a detached accessory outbuilding pursuant to section 135-2.22 of this code.^♦
D.
Floor Area. The floor area of an ADU may not exceed 50% of the floor area within the principal household unit or 1,000 square feet, whichever is larger.^♦

3.9.3 DRIVE-IN AND DRIVE-THROUGH USES

A.
Description. A use accessory to a principal use that offers service directly to occupants of motor vehicles. Such uses are typically associated with restaurants, banks and pharmacies.
B.
Exceptions. Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees or amplified sound are not classified as drive-in or drive-through facilities if they meet the criteria for classification as an accessory use.
C.
Structure. See the accessory structure regulations of section 135-2.22 of this code.^♦

3.9.4 HOME OCCUPATIONS

A.
Description. Home occupations are business activities or professions conducted wholly or partly within a property as an accessory use to an allowed household living principal use.
B.
General Regulations for All Home Occupations. All home occupations are subject to the following regulations:

B.
Allowed Uses. Allowed accessory uses are limited to those expressly regulated in this section as well as those that are determined appropriate by the neighborhood services director. In making a determination, the neighborhood services director may consider the following criteria:
1. 1.
  They are customarily found in conjunction with the principal use of the subject property;
2. 2.
  They are subordinate and clearly incidental to the principal use of the property; and
3. 3.
  They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principal use and the community.
4. 4.
  If the proposed allowed accessory use will be located in a “bus shelter or bench for public transit use” as defined and regulated by section 135-2.22.3.K of this code, then said use may be accessory either to a principal use or structure, or accessory to a lot that is vacant and does not contain a principal use or structure.^♦

5.
If the proposed allowed accessory use will be located in an “other outdoor automated accessory structure” as defined and regulated by section 135-2.22.3.L of this code, then said accessory use shall be restricted to dispensing only products that are accessory to a retail sales use or financial service use that is permitted in the applicable zoning district of the lot on which said uses are to be located, and shall not dispense alcoholic liquor, wine, beer, or tobacco products.^♦

C.
Time of Construction and Establishment. Accessory uses may be established only after the principal use of the property is in place.

D.
Location. Accessory uses must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
E.
Accessory Structures. See section 135-2.22 of this code for regulations governing accessory structures.
F.
Connection to a Principal Structure. A structure which might otherwise be considered an accessory building, but which is connected to the principal structure by a breezeway or other extension of the principal structure containing a functional roof and floor shall, for the purposes of this chapter:
1. 1.
  Lose its status as an accessory building;

2.
Become part of the principal structure; and,
3.
Shall be subject to all restrictions applicable to a principal structure.

3.9.2 ACCESSORY DWELLING UNITS (ADU)^♦

A.
Where Allowed. Accessory dwelling units (ADUs) that comply with this section 134-3.9.2, and with all other applicable sections of this code, are permitted in the A, DXR, RX1, RX2, N and NX districts where accessory to a one household dwelling on the same lot.^♦
B.
Number Allowed. No more than one ADU is permitted on a single lot.^♦
C.
Location. ADUs may be located internally within the principal dwelling unit or in a detached accessory outbuilding pursuant to section 135-2.22 of this code.^♦
D.
Floor Area. The floor area of an ADU may not exceed 50% of the floor area within the principal household unit or 1,000 square feet, whichever is larger.^♦

3.9.3 DRIVE-IN AND DRIVE-THROUGH USES

A.
Description. A use accessory to a principal use that offers service directly to occupants of motor vehicles. Such uses are typically associated with restaurants, banks and pharmacies.
B.
Exceptions. Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees or amplified sound are not classified as drive-in or drive-through facilities if they meet the criteria for classification as an accessory use.
C.
Structure. See the accessory structure regulations of section 135-2.22 of this code.^♦

3.9.4 HOME OCCUPATIONS

A.
Description. Home occupations are business activities or professions conducted wholly or partly within a property as an accessory use to an allowed household living principal use.
B.
General Regulations for All Home Occupations. All home occupations are subject to the following regulations:

134-3. USES

Accessory Uses

1. 1.
  The proposed location, design, construction, and operation of the use adequately safeguards the health, safety, and general welfare of persons residing in or working on adjoining or surrounding property.^♦
2. 2.
  The use must not unduly increase congestion in the streets, or public danger of fire, safety or flooding.
3. 3.
  The use shall be clearly incidental to or secondary to the residential use on the premises.
4. 4.
  The use shall not cause or produce noise, vibration, smoke, dust, odor, or heat or any other impact of a type or quantity not in keeping with the residential character of the neighborhood.
5. 5.
  No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted material of a type or quantity not ordinarily used for household purposes shall be used or stored on the premises, and the applicant must identify the proper disposition of any hazardous waste. No activity will be allowed which is hazardous to the public health, safety or welfare.
6. 6.
  No more than 50% of the gross floor area of the building or accessory building shall be used for such business, including the storage of materials or products.
7. 7.
  No alteration of the residential appearance of the premises shall occur unless allowed by applicable building type and design regulations. This includes external structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located. Examples of such prohibited alterations include the addition of commercial-like exterior lighting or the addition of a separate building entrance that is visible from abutting streets.
8. 8.
  The home occupation, including any business storage, shall not displace or impede use of parking spaces required by this code. The home occupation shall not displace, interfere with or impede access to public parking.
9. 9.
  The home occupation shall not cause the congregation of business employees at the site or congestion in the availability of on-street parking.

10.
At least one individual engaged in the home occupation must reside in the household unit in which the home occupation is located as their primary place of residence.
11.
The home occupation shall be in effect only for so long as the premises are occupied by the person in business.
12.
The home occupation shall comply with all applicable codes including local building codes.
13.
The home occupation shall meet all general regulations and all applicable supplemental regulations.

C.
Board of Adjustment Reconsideration. Any approved home occupation may be subject to reconsideration by the board of adjustment if at any time the zoning enforcement officer determines that the conduct of the occupation does not comply with one or more general regulations for home occupations or applicable supplemental regulations, or has become detrimental to the neighborhood.
D.
Type 1 Home Occupations - No Impact Business. The following occupations are allowed by-right, subject to compliance with the regulations found in subsections B and D of this section:^♦
1. 1.
  Those occupations in which the total number of on-site employees and clients does not exceed the occupancy limit for the site; ^♦
2. 2.
  Those occupations are characterized by all of the following:^♦
  1. a.
    The associated activities are limited to the sale of lawful goods and services;
  2. b.
    The activities do not generate on-street parking or a substantial increase in traffic through the residential area;
  3. c.
    The activities occur inside the residential dwelling or in the yard o f the residential property;
  4. d.
    The activities are not visible from an adjacent property or street; and
3. 3.
  In-home day care facilities for eight or fewer children.

1. 1.
  The proposed location, design, construction, and operation of the use adequately safeguards the health, safety, and general welfare of persons residing in or working on adjoining or surrounding property.^♦
2. 2.
  The use must not unduly increase congestion in the streets, or public danger of fire, safety or flooding.
3. 3.
  The use shall be clearly incidental to or secondary to the residential use on the premises.
4. 4.
  The use shall not cause or produce noise, vibration, smoke, dust, odor, or heat or any other impact of a type or quantity not in keeping with the residential character of the neighborhood.
5. 5.
  No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted material of a type or quantity not ordinarily used for household purposes shall be used or stored on the premises, and the applicant must identify the proper disposition of any hazardous waste. No activity will be allowed which is hazardous to the public health, safety or welfare.
6. 6.
  No more than 50% of the gross floor area of the building or accessory building shall be used for such business, including the storage of materials or products.
7. 7.
  No alteration of the residential appearance of the premises shall occur unless allowed by applicable building type and design regulations. This includes external structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located. Examples of such prohibited alterations include the addition of commercial-like exterior lighting or the addition of a separate building entrance that is visible from abutting streets.
8. 8.
  The home occupation, including any business storage, shall not displace or impede use of parking spaces required by this code. The home occupation shall not displace, interfere with or impede access to public parking.
9. 9.
  The home occupation shall not cause the congregation of business employees at the site or congestion in the availability of on-street parking.

10.
At least one individual engaged in the home occupation must reside in the household unit in which the home occupation is located as their primary place of residence.
11.
The home occupation shall be in effect only for so long as the premises are occupied by the person in business.
12.
The home occupation shall comply with all applicable codes including local building codes.
13.
The home occupation shall meet all general regulations and all applicable supplemental regulations.

C.
Board of Adjustment Reconsideration. Any approved home occupation may be subject to reconsideration by the board of adjustment if at any time the zoning enforcement officer determines that the conduct of the occupation does not comply with one or more general regulations for home occupations or applicable supplemental regulations, or has become detrimental to the neighborhood.
D.
Type 1 Home Occupations - No Impact Business. The following occupations are allowed by-right, subject to compliance with the regulations found in subsections B and D of this section:^♦
1. 1.
  Those occupations in which the total number of on-site employees and clients does not exceed the occupancy limit for the site; ^♦
2. 2.
  Those occupations are characterized by all of the following:^♦
  1. a.
    The associated activities are limited to the sale of lawful goods and services;
  2. b.
    The activities do not generate on-street parking or a substantial increase in traffic through the residential area;
  3. c.
    The activities occur inside the residential dwelling or in the yard o f the residential property;
  4. d.
    The activities are not visible from an adjacent property or street; and
3. 3.
  In-home day care facilities for eight or fewer children.

1. 1.
  The proposed location, design, construction, and operation of the use adequately safeguards the health, safety, and general welfare of persons residing in or working on adjoining or surrounding property.^♦
2. 2.
  The use must not unduly increase congestion in the streets, or public danger of fire, safety or flooding.
3. 3.
  The use shall be clearly incidental to or secondary to the residential use on the premises.
4. 4.
  The use shall not cause or produce noise, vibration, smoke, dust, odor, or heat or any other impact of a type or quantity not in keeping with the residential character of the neighborhood.
5. 5.
  No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted material of a type or quantity not ordinarily used for household purposes shall be used or stored on the premises, and the applicant must identify the proper disposition of any hazardous waste. No activity will be allowed which is hazardous to the public health, safety or welfare.
6. 6.
  No more than 50% of the gross floor area of the building or accessory building shall be used for such business, including the storage of materials or products.
7. 7.
  No alteration of the residential appearance of the premises shall occur unless allowed by applicable building type and design regulations. This includes external structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located. Examples of such prohibited alterations include the addition of commercial-like exterior lighting or the addition of a separate building entrance that is visible from abutting streets.
8. 8.
  The home occupation, including any business storage, shall not displace or impede use of parking spaces required by this code. The home occupation shall not displace, interfere with or impede access to public parking.
9. 9.
  The home occupation shall not cause the congregation of business employees at the site or congestion in the availability of on-street parking.

10.
At least one individual engaged in the home occupation must reside in the household unit in which the home occupation is located as their primary place of residence.
11.
The home occupation shall be in effect only for so long as the premises are occupied by the person in business.
12.
The home occupation shall comply with all applicable codes including local building codes.
13.
The home occupation shall meet all general regulations and all applicable supplemental regulations.

C.
Board of Adjustment Reconsideration. Any approved home occupation may be subject to reconsideration by the board of adjustment if at any time the zoning enforcement officer determines that the conduct of the occupation does not comply with one or more general regulations for home occupations or applicable supplemental regulations, or has become detrimental to the neighborhood.
D.
Type 1 Home Occupations - No Impact Business. The following occupations are allowed by-right, subject to compliance with the regulations found in subsections B and D of this section:^♦
1. 1.
  Those occupations in which the total number of on-site employees and clients does not exceed the occupancy limit for the site; ^♦
2. 2.
  Those occupations are characterized by all of the following:^♦
  1. a.
    The associated activities are limited to the sale of lawful goods and services;
  2. b.
    The activities do not generate on-street parking or a substantial increase in traffic through the residential area;
  3. c.
    The activities occur inside the residential dwelling or in the yard o f the residential property;
  4. d.
    The activities are not visible from an adjacent property or street; and
3. 3.
  In-home day care facilities for eight or fewer children.

1. 1.
  The proposed location, design, construction, and operation of the use adequately safeguards the health, safety, and general welfare of persons residing in or working on adjoining or surrounding property.^♦
2. 2.
  The use must not unduly increase congestion in the streets, or public danger of fire, safety or flooding.
3. 3.
  The use shall be clearly incidental to or secondary to the residential use on the premises.
4. 4.
  The use shall not cause or produce noise, vibration, smoke, dust, odor, or heat or any other impact of a type or quantity not in keeping with the residential character of the neighborhood.
5. 5.
  No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted material of a type or quantity not ordinarily used for household purposes shall be used or stored on the premises, and the applicant must identify the proper disposition of any hazardous waste. No activity will be allowed which is hazardous to the public health, safety or welfare.
6. 6.
  No more than 50% of the gross floor area of the building or accessory building shall be used for such business, including the storage of materials or products.
7. 7.
  No alteration of the residential appearance of the premises shall occur unless allowed by applicable building type and design regulations. This includes external structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located. Examples of such prohibited alterations include the addition of commercial-like exterior lighting or the addition of a separate building entrance that is visible from abutting streets.
8. 8.
  The home occupation, including any business storage, shall not displace or impede use of parking spaces required by this code. The home occupation shall not displace, interfere with or impede access to public parking.
9. 9.
  The home occupation shall not cause the congregation of business employees at the site or congestion in the availability of on-street parking.

10.
At least one individual engaged in the home occupation must reside in the household unit in which the home occupation is located as their primary place of residence.
11.
The home occupation shall be in effect only for so long as the premises are occupied by the person in business.
12.
The home occupation shall comply with all applicable codes including local building codes.
13.
The home occupation shall meet all general regulations and all applicable supplemental regulations.

C.
Board of Adjustment Reconsideration. Any approved home occupation may be subject to reconsideration by the board of adjustment if at any time the zoning enforcement officer determines that the conduct of the occupation does not comply with one or more general regulations for home occupations or applicable supplemental regulations, or has become detrimental to the neighborhood.
D.
Type 1 Home Occupations - No Impact Business. The following occupations are allowed by-right, subject to compliance with the regulations found in subsections B and D of this section:^♦
1. 1.
  Those occupations in which the total number of on-site employees and clients does not exceed the occupancy limit for the site; ^♦
2. 2.
  Those occupations are characterized by all of the following:^♦
  1. a.
    The associated activities are limited to the sale of lawful goods and services;
  2. b.
    The activities do not generate on-street parking or a substantial increase in traffic through the residential area;
  3. c.
    The activities occur inside the residential dwelling or in the yard o f the residential property;
  4. d.
    The activities are not visible from an adjacent property or street; and
3. 3.
  In-home day care facilities for eight or fewer children.

134-3. USES

Accessory Uses

E.
Type 2 Home Occupations.
1. 1.
  The neighborhood services director is authorized to approve Type 2 home occupation uses, as Type 1 zoning exceptions pursuant to section 134-6.5 of this chapter, for the following:^♦
  1. a.
    Commercial service s as defined by section 134-3.5.6 of this article;
  2. b.
    Grooming of household pets as defined by section 134-3.5.2.B of this article; and
  3. c.
    Office as defined by section 134-3.5.14 of this article.
2. 2.
  In addition to the general regulations for home occupations, Type 2 home occupations are subject to the following supplemental regulations:
  1. a.
    Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
  2. b.
    No more than two clients or customers may be present at any one time on the site of a Type 2 home occupation. Family members of the client or customer shall not be counted towards the two-person limit.
  3. c.
    A maximum of one nonresident employee is allowed with a Type 2 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation who does not live at the site, but who visits the site as part of the home occupation.
  4. d.
    No outside operation, storage or display of materials or products shall occur. ^♦
F.
Type 3 Home Occupations.
1. 1.
  The board of adjustment is authorized to approve conditional uses for Type 3 home occupation uses, as conditional uses pursuant to section 134-6.4 of this chapter, for the following:^♦
  1. a.
    Uses allowed as Type 2 home occupations, subject to the supplemental regulations set forth below;

1. 1. b.
    Day care as defined by section 134-3.5.8 of this article;
  2. c.
    Retail sales as defined by section 134-3.5.16 of this article; and
  3. d.
    Fabrication and production, artisan as defined by section 134-3.6.1.A of this article.^♦

2.
In addition to the general regulations for all home occupations, Type 3 home occupations are subject to the following supplemental use regulations:
1. a.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
2. b.
  No more clients or customers may be present at any one time on the site of a Type 3 home occupation than allowed by board of adjustment approval subject to consideration of the general regulations.
3. c.
  The board of adjustment shall determine the maximum number of nonresident employees allowed with a Type 3 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.
4. d.
  No outside operation, storage or display of materials or products shall occur.^♦

G.
Type 4 Home Occupations.

1.
The board of adjustment is authorized to approve conditional uses for Type 4 home occupation uses in the NX2a district for the following:^♦
1. a.
  Uses allowed as a Type 3 home occupation, subject to the supplemental regulations set forth below;

E.
Type 2 Home Occupations.
1. 1.
  The neighborhood services director is authorized to approve Type 2 home occupation uses, as Type 1 zoning exceptions pursuant to section 134-6.5 of this chapter, for the following:^♦
  1. a.
    Commercial service s as defined by section 134-3.5.6 of this article;
  2. b.
    Grooming of household pets as defined by section 134-3.5.2.B of this article; and
  3. c.
    Office as defined by section 134-3.5.14 of this article.
2. 2.
  In addition to the general regulations for home occupations, Type 2 home occupations are subject to the following supplemental regulations:
  1. a.
    Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
  2. b.
    No more than two clients or customers may be present at any one time on the site of a Type 2 home occupation. Family members of the client or customer shall not be counted towards the two-person limit.
  3. c.
    A maximum of one nonresident employee is allowed with a Type 2 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation who does not live at the site, but who visits the site as part of the home occupation.
  4. d.
    No outside operation, storage or display of materials or products shall occur. ^♦
F.
Type 3 Home Occupations.
1. 1.
  The board of adjustment is authorized to approve conditional uses for Type 3 home occupation uses, as conditional uses pursuant to section 134-6.4 of this chapter, for the following:^♦
  1. a.
    Uses allowed as Type 2 home occupations, subject to the supplemental regulations set forth below;

1. 1. b.
    Day care as defined by section 134-3.5.8 of this article;
  2. c.
    Retail sales as defined by section 134-3.5.16 of this article; and
  3. d.
    Fabrication and production, artisan as defined by section 134-3.6.1.A of this article.^♦

2.
In addition to the general regulations for all home occupations, Type 3 home occupations are subject to the following supplemental use regulations:
1. a.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
2. b.
  No more clients or customers may be present at any one time on the site of a Type 3 home occupation than allowed by board of adjustment approval subject to consideration of the general regulations.
3. c.
  The board of adjustment shall determine the maximum number of nonresident employees allowed with a Type 3 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.
4. d.
  No outside operation, storage or display of materials or products shall occur.^♦

G.
Type 4 Home Occupations.

1.
The board of adjustment is authorized to approve conditional uses for Type 4 home occupation uses in the NX2a district for the following:^♦
1. a.
  Uses allowed as a Type 3 home occupation, subject to the supplemental regulations set forth below;

E.
Type 2 Home Occupations.
1. 1.
  The neighborhood services director is authorized to approve Type 2 home occupation uses, as Type 1 zoning exceptions pursuant to section 134-6.5 of this chapter, for the following:^♦
  1. a.
    Commercial service s as defined by section 134-3.5.6 of this article;
  2. b.
    Grooming of household pets as defined by section 134-3.5.2.B of this article; and
  3. c.
    Office as defined by section 134-3.5.14 of this article.
2. 2.
  In addition to the general regulations for home occupations, Type 2 home occupations are subject to the following supplemental regulations:
  1. a.
    Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
  2. b.
    No more than two clients or customers may be present at any one time on the site of a Type 2 home occupation. Family members of the client or customer shall not be counted towards the two-person limit.
  3. c.
    A maximum of one nonresident employee is allowed with a Type 2 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation who does not live at the site, but who visits the site as part of the home occupation.
  4. d.
    No outside operation, storage or display of materials or products shall occur. ^♦
F.
Type 3 Home Occupations.
1. 1.
  The board of adjustment is authorized to approve conditional uses for Type 3 home occupation uses, as conditional uses pursuant to section 134-6.4 of this chapter, for the following:^♦
  1. a.
    Uses allowed as Type 2 home occupations, subject to the supplemental regulations set forth below;

1. 1. b.
    Day care as defined by section 134-3.5.8 of this article;
  2. c.
    Retail sales as defined by section 134-3.5.16 of this article; and
  3. d.
    Fabrication and production, artisan as defined by section 134-3.6.1.A of this article.^♦

2.
In addition to the general regulations for all home occupations, Type 3 home occupations are subject to the following supplemental use regulations:
1. a.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
2. b.
  No more clients or customers may be present at any one time on the site of a Type 3 home occupation than allowed by board of adjustment approval subject to consideration of the general regulations.
3. c.
  The board of adjustment shall determine the maximum number of nonresident employees allowed with a Type 3 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.
4. d.
  No outside operation, storage or display of materials or products shall occur.^♦

G.
Type 4 Home Occupations.

1.
The board of adjustment is authorized to approve conditional uses for Type 4 home occupation uses in the NX2a district for the following:^♦
1. a.
  Uses allowed as a Type 3 home occupation, subject to the supplemental regulations set forth below;

E.
Type 2 Home Occupations.
1. 1.
  The neighborhood services director is authorized to approve Type 2 home occupation uses, as Type 1 zoning exceptions pursuant to section 134-6.5 of this chapter, for the following:^♦
  1. a.
    Commercial service s as defined by section 134-3.5.6 of this article;
  2. b.
    Grooming of household pets as defined by section 134-3.5.2.B of this article; and
  3. c.
    Office as defined by section 134-3.5.14 of this article.
2. 2.
  In addition to the general regulations for home occupations, Type 2 home occupations are subject to the following supplemental regulations:
  1. a.
    Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
  2. b.
    No more than two clients or customers may be present at any one time on the site of a Type 2 home occupation. Family members of the client or customer shall not be counted towards the two-person limit.
  3. c.
    A maximum of one nonresident employee is allowed with a Type 2 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation who does not live at the site, but who visits the site as part of the home occupation.
  4. d.
    No outside operation, storage or display of materials or products shall occur. ^♦
F.
Type 3 Home Occupations.
1. 1.
  The board of adjustment is authorized to approve conditional uses for Type 3 home occupation uses, as conditional uses pursuant to section 134-6.4 of this chapter, for the following:^♦
  1. a.
    Uses allowed as Type 2 home occupations, subject to the supplemental regulations set forth below;

1. 1. b.
    Day care as defined by section 134-3.5.8 of this article;
  2. c.
    Retail sales as defined by section 134-3.5.16 of this article; and
  3. d.
    Fabrication and production, artisan as defined by section 134-3.6.1.A of this article.^♦

2.
In addition to the general regulations for all home occupations, Type 3 home occupations are subject to the following supplemental use regulations:
1. a.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
2. b.
  No more clients or customers may be present at any one time on the site of a Type 3 home occupation than allowed by board of adjustment approval subject to consideration of the general regulations.
3. c.
  The board of adjustment shall determine the maximum number of nonresident employees allowed with a Type 3 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.
4. d.
  No outside operation, storage or display of materials or products shall occur.^♦

G.
Type 4 Home Occupations.

1.
The board of adjustment is authorized to approve conditional uses for Type 4 home occupation uses in the NX2a district for the following:^♦
1. a.
  Uses allowed as a Type 3 home occupation, subject to the supplemental regulations set forth below;

134-3. USES

Accessory Uses

1. 1. b.
    Restaurant as defined by section 134-3.5.10.A of this article. Restaurants that include the sale of alcoholic liquor, wine, or beer are subject to the regulations found in Table 134-3.9-1 of this article and section 134-3.8.1 of this article; and
  2. c.
    Artisan fabrication and production as defined by section 134-3.6.1.A of this article.
1. 2.
  In addition to the general regulations for all home occupations, Type 4 home occupations are subject to the following supplemental regulations:
2. 3.
  A maximum of one nonresident employee per 250 square feet of gross floor area devoted to the Type 4 home occupation use is allowed.
3. 4.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 10:00 p.m. and 7:00 a.m.
4. 5.
  Outdoor eating for restaurants may be approved for buildings on corners and spaces not abutting another residence.
5. 6.
  Parking lots are allowed in rear yards with a frontage buffer per section 135-7.7 of this code and semi-pervious paving for all drive lanes and spaces. Parking lots are limited to no more than six spaces.
6. 7.
  Unless otherwise authorized as allowed under this section, no outside operation, storage or display of materials or products shall occur.^♦

3.9.5 OUTDOOR DINING AND DISPLAY

A.
Outdoor Dining. Tables and chairs for patrons of eating and drinking places located outdoors and directly adjacent to the structure containing the associated use.
1. 1.
  Outdoor dining may be located anywhere on the lot.
2. 2.
  Outdoor dining may be located on the sidewalk of an adjacent right-of-way of a non-primary street if all of the following requirements are met:

a.
A sidewalk permit per chapter 102 of this code is approved.

b.
At least five feet of continuous sidewalk is maintained clear and unobstructed for passing pedestrians.
c.
No permanent construction is permitted within the right-of-way and all appurtenances shall be removed during the off-season.
d.
A Type 1 exception may be approved for outdoor dining on a primary street, where no non-primary street is available adjacent to the business and the sidewalk is wide enough to accommodate the above requirements.

3.
The maximum size of any outdoor dining shall not exceed the gross floor area of the restaurant interior.

B.
Outdoor Display. The outdoor display of merchandise associated with a retail sales use.
1. 1.
  Outdoor sales displays are permitted anywhere on the lot, but shall not be closer to the right-of-way line than the front building facade.
2. 2.
  Outdoor sales displays on the same lot as a Fuel Station are limited to within five feet of the building or under the fuel canopy, and the height is limited to no more than five feet.^♦
3. 3.
  Outdoor sales are restricted to those items or merchandise which are permitted in the district.
4. 4.
  If associated with a principal use on a corner lot, only a single frontage shall be utilized for accessory outdoor display purposes.
5. 5.
  Merchandise, displays, and other structures in the front or street-side yards shall be removed and stored indoors during non-business hours.
6. 6.
  Outdoor sales in the interior side or rear yard shall be fenced or walled. Any outdoor sales yard abutting a street right-of-way shall include a frontage buffer per section 135-7.7 of this code.
7. 7.
  The gross square footage of an outdoor sales display area shall not exceed the gross square footage of the interior space of the building containing the associated principal retail sales use on the property.

1. 1. b.
    Restaurant as defined by section 134-3.5.10.A of this article. Restaurants that include the sale of alcoholic liquor, wine, or beer are subject to the regulations found in Table 134-3.9-1 of this article and section 134-3.8.1 of this article; and
  2. c.
    Artisan fabrication and production as defined by section 134-3.6.1.A of this article.
1. 2.
  In addition to the general regulations for all home occupations, Type 4 home occupations are subject to the following supplemental regulations:
2. 3.
  A maximum of one nonresident employee per 250 square feet of gross floor area devoted to the Type 4 home occupation use is allowed.
3. 4.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 10:00 p.m. and 7:00 a.m.
4. 5.
  Outdoor eating for restaurants may be approved for buildings on corners and spaces not abutting another residence.
5. 6.
  Parking lots are allowed in rear yards with a frontage buffer per section 135-7.7 of this code and semi-pervious paving for all drive lanes and spaces. Parking lots are limited to no more than six spaces.
6. 7.
  Unless otherwise authorized as allowed under this section, no outside operation, storage or display of materials or products shall occur.^♦

3.9.5 OUTDOOR DINING AND DISPLAY

A.
Outdoor Dining. Tables and chairs for patrons of eating and drinking places located outdoors and directly adjacent to the structure containing the associated use.
1. 1.
  Outdoor dining may be located anywhere on the lot.
2. 2.
  Outdoor dining may be located on the sidewalk of an adjacent right-of-way of a non-primary street if all of the following requirements are met:

a.
A sidewalk permit per chapter 102 of this code is approved.

b.
At least five feet of continuous sidewalk is maintained clear and unobstructed for passing pedestrians.
c.
No permanent construction is permitted within the right-of-way and all appurtenances shall be removed during the off-season.
d.
A Type 1 exception may be approved for outdoor dining on a primary street, where no non-primary street is available adjacent to the business and the sidewalk is wide enough to accommodate the above requirements.

3.
The maximum size of any outdoor dining shall not exceed the gross floor area of the restaurant interior.

B.
Outdoor Display. The outdoor display of merchandise associated with a retail sales use.
1. 1.
  Outdoor sales displays are permitted anywhere on the lot, but shall not be closer to the right-of-way line than the front building facade.
2. 2.
  Outdoor sales displays on the same lot as a Fuel Station are limited to within five feet of the building or under the fuel canopy, and the height is limited to no more than five feet.^♦
3. 3.
  Outdoor sales are restricted to those items or merchandise which are permitted in the district.
4. 4.
  If associated with a principal use on a corner lot, only a single frontage shall be utilized for accessory outdoor display purposes.
5. 5.
  Merchandise, displays, and other structures in the front or street-side yards shall be removed and stored indoors during non-business hours.
6. 6.
  Outdoor sales in the interior side or rear yard shall be fenced or walled. Any outdoor sales yard abutting a street right-of-way shall include a frontage buffer per section 135-7.7 of this code.
7. 7.
  The gross square footage of an outdoor sales display area shall not exceed the gross square footage of the interior space of the building containing the associated principal retail sales use on the property.

1. 1. b.
    Restaurant as defined by section 134-3.5.10.A of this article. Restaurants that include the sale of alcoholic liquor, wine, or beer are subject to the regulations found in Table 134-3.9-1 of this article and section 134-3.8.1 of this article; and
  2. c.
    Artisan fabrication and production as defined by section 134-3.6.1.A of this article.
1. 2.
  In addition to the general regulations for all home occupations, Type 4 home occupations are subject to the following supplemental regulations:
2. 3.
  A maximum of one nonresident employee per 250 square feet of gross floor area devoted to the Type 4 home occupation use is allowed.
3. 4.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 10:00 p.m. and 7:00 a.m.
4. 5.
  Outdoor eating for restaurants may be approved for buildings on corners and spaces not abutting another residence.
5. 6.
  Parking lots are allowed in rear yards with a frontage buffer per section 135-7.7 of this code and semi-pervious paving for all drive lanes and spaces. Parking lots are limited to no more than six spaces.
6. 7.
  Unless otherwise authorized as allowed under this section, no outside operation, storage or display of materials or products shall occur.^♦

3.9.5 OUTDOOR DINING AND DISPLAY

A.
Outdoor Dining. Tables and chairs for patrons of eating and drinking places located outdoors and directly adjacent to the structure containing the associated use.
1. 1.
  Outdoor dining may be located anywhere on the lot.
2. 2.
  Outdoor dining may be located on the sidewalk of an adjacent right-of-way of a non-primary street if all of the following requirements are met:

a.
A sidewalk permit per chapter 102 of this code is approved.

b.
At least five feet of continuous sidewalk is maintained clear and unobstructed for passing pedestrians.
c.
No permanent construction is permitted within the right-of-way and all appurtenances shall be removed during the off-season.
d.
A Type 1 exception may be approved for outdoor dining on a primary street, where no non-primary street is available adjacent to the business and the sidewalk is wide enough to accommodate the above requirements.

3.
The maximum size of any outdoor dining shall not exceed the gross floor area of the restaurant interior.

B.
Outdoor Display. The outdoor display of merchandise associated with a retail sales use.
1. 1.
  Outdoor sales displays are permitted anywhere on the lot, but shall not be closer to the right-of-way line than the front building facade.
2. 2.
  Outdoor sales displays on the same lot as a Fuel Station are limited to within five feet of the building or under the fuel canopy, and the height is limited to no more than five feet.^♦
3. 3.
  Outdoor sales are restricted to those items or merchandise which are permitted in the district.
4. 4.
  If associated with a principal use on a corner lot, only a single frontage shall be utilized for accessory outdoor display purposes.
5. 5.
  Merchandise, displays, and other structures in the front or street-side yards shall be removed and stored indoors during non-business hours.
6. 6.
  Outdoor sales in the interior side or rear yard shall be fenced or walled. Any outdoor sales yard abutting a street right-of-way shall include a frontage buffer per section 135-7.7 of this code.
7. 7.
  The gross square footage of an outdoor sales display area shall not exceed the gross square footage of the interior space of the building containing the associated principal retail sales use on the property.

1. 1. b.
    Restaurant as defined by section 134-3.5.10.A of this article. Restaurants that include the sale of alcoholic liquor, wine, or beer are subject to the regulations found in Table 134-3.9-1 of this article and section 134-3.8.1 of this article; and
  2. c.
    Artisan fabrication and production as defined by section 134-3.6.1.A of this article.
1. 2.
  In addition to the general regulations for all home occupations, Type 4 home occupations are subject to the following supplemental regulations:
2. 3.
  A maximum of one nonresident employee per 250 square feet of gross floor area devoted to the Type 4 home occupation use is allowed.
3. 4.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 10:00 p.m. and 7:00 a.m.
4. 5.
  Outdoor eating for restaurants may be approved for buildings on corners and spaces not abutting another residence.
5. 6.
  Parking lots are allowed in rear yards with a frontage buffer per section 135-7.7 of this code and semi-pervious paving for all drive lanes and spaces. Parking lots are limited to no more than six spaces.
6. 7.
  Unless otherwise authorized as allowed under this section, no outside operation, storage or display of materials or products shall occur.^♦

3.9.5 OUTDOOR DINING AND DISPLAY

A.
Outdoor Dining. Tables and chairs for patrons of eating and drinking places located outdoors and directly adjacent to the structure containing the associated use.
1. 1.
  Outdoor dining may be located anywhere on the lot.
2. 2.
  Outdoor dining may be located on the sidewalk of an adjacent right-of-way of a non-primary street if all of the following requirements are met:

a.
A sidewalk permit per chapter 102 of this code is approved.

b.
At least five feet of continuous sidewalk is maintained clear and unobstructed for passing pedestrians.
c.
No permanent construction is permitted within the right-of-way and all appurtenances shall be removed during the off-season.
d.
A Type 1 exception may be approved for outdoor dining on a primary street, where no non-primary street is available adjacent to the business and the sidewalk is wide enough to accommodate the above requirements.

3.
The maximum size of any outdoor dining shall not exceed the gross floor area of the restaurant interior.

B.
Outdoor Display. The outdoor display of merchandise associated with a retail sales use.
1. 1.
  Outdoor sales displays are permitted anywhere on the lot, but shall not be closer to the right-of-way line than the front building facade.
2. 2.
  Outdoor sales displays on the same lot as a Fuel Station are limited to within five feet of the building or under the fuel canopy, and the height is limited to no more than five feet.^♦
3. 3.
  Outdoor sales are restricted to those items or merchandise which are permitted in the district.
4. 4.
  If associated with a principal use on a corner lot, only a single frontage shall be utilized for accessory outdoor display purposes.
5. 5.
  Merchandise, displays, and other structures in the front or street-side yards shall be removed and stored indoors during non-business hours.
6. 6.
  Outdoor sales in the interior side or rear yard shall be fenced or walled. Any outdoor sales yard abutting a street right-of-way shall include a frontage buffer per section 135-7.7 of this code.
7. 7.
  The gross square footage of an outdoor sales display area shall not exceed the gross square footage of the interior space of the building containing the associated principal retail sales use on the property.

134-3. USES

Accessory Uses

3.9.6 OUTDOOR STORAGE

Outdoor storage of goods, materials and equipment including but not limited to: large-scale materials; recreational vehicles and boats; storage containers; and building and landscape supplies. Outdoor Storage does not include junk and salvage yards.^♦

A.
Accessory outdoor storage is permitted in any I district when associated with an industrial use or self-service storage use; in any EX district when associated with a warehouse, wholesale sales and distribution, or artisan or limited fabrication and production use; and in any CX, EX, or I1 district when associated with large-format retail use.^♦
B.
The location and stacking height of outdoor storage materials shall be subject to the requirements of chapter 135 of this code.^♦
C.
Materials shall be set back from each lot line a minimum distance as established in, and subject to review pursuant to, chapter 135 of this code.
D.
All outdoor storage areas shall be screened from view of adjacent lots and streets in accordance with, and subject to review pursuant to, chapter 135 of this code.
E.
No person shall park, place, keep or store, or permit the parking or storage of, a stock car, racing car, inoperable or unsafe vehicle, vehicular component parts, or miscellaneous junk and debris on any public or private property unless it shall be in a completely enclosed building. This subsection shall not apply to legitimate businesses operating in a lawful place and manner; provided, however, that such outside areas are screened from public view.

3.9.7 RESIDENTIAL SUPPORT SERVICE

A.
Residential support services are small-scale personal service and retail sales uses that primarily serve the needs of residents of large residential buildings.

B.
Residential support services are allowed in NX3 districts as an accessory use to any principal group living use with more than 50 residents and in apartment buildings containing more than 30 permanent household units.

C.
Residential support services must be located on the ground floor of the same building as the principal residential use and not exceed 25% of the ground floor area of the building.
D.
Residential support services must have internal access from the principal residential building. External entrances are also allowed.

3.9.8 BOARDING AND ROOMING UNITS^♦

A.
The taking of boarders for more than 30 consecutive days or the leasing of rooms for more than 30 consecutive days is allowed as an accessory use to a principal use in the household living use category, provided the total number of boarders and roomers does not exceed two and an owner of the property resides full-time on the property.
B.
The use of a household unit, or part of a household unit, for commercial lodging use, also known as short-term rental use, where lodging is provided for compensation for one or more persons for periods of less than 30 consecutive days, is allowed as an accessory use to a household living principal use.

3.9.9 LIQUOR, WINE, AND BEER SALES

A.
Description. The retail sale of alcoholic liquor, wine and beer is permitted as a principal use, or as an accessory use to a permitted principal use where determined by the neighborhood services director that said accessory use is customary and incidental to such permitted principal use, only in the zoning districts and subject to the conditions indicated in Table 134-3.1-1 and Table 134-3.9-1 of this article and pursuant to this section.^♦
B.
Conditional Use Approval Criteria. Conditional use approval is required for the use of any premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine or beer, under the circumstances identified in Table 134-3.1-1 and Table 134-3.9-1 of this article. The board of adjustment is authorized to grant conditional use approval for such uses only when the business, operated in conformance with such reasonable conditions as may be imposed by the board, satisfies the following criteria:^♦

3.9.6 OUTDOOR STORAGE

A.
Accessory outdoor storage is permitted in any I district when associated with an industrial use or self-service storage use; in any EX district when associated with a warehouse, wholesale sales and distribution, or artisan or limited fabrication and production use; and in any CX, EX, or I1 district when associated with large-format retail use.^♦
B.
The location and stacking height of outdoor storage materials shall be subject to the requirements of chapter 135 of this code.^♦
C.
Materials shall be set back from each lot line a minimum distance as established in, and subject to review pursuant to, chapter 135 of this code.
D.
All outdoor storage areas shall be screened from view of adjacent lots and streets in accordance with, and subject to review pursuant to, chapter 135 of this code.
E.
No person shall park, place, keep or store, or permit the parking or storage of, a stock car, racing car, inoperable or unsafe vehicle, vehicular component parts, or miscellaneous junk and debris on any public or private property unless it shall be in a completely enclosed building. This subsection shall not apply to legitimate businesses operating in a lawful place and manner; provided, however, that such outside areas are screened from public view.

3.9.7 RESIDENTIAL SUPPORT SERVICE

A.
Residential support services are small-scale personal service and retail sales uses that primarily serve the needs of residents of large residential buildings.

B.
Residential support services are allowed in NX3 districts as an accessory use to any principal group living use with more than 50 residents and in apartment buildings containing more than 30 permanent household units.

C.
Residential support services must be located on the ground floor of the same building as the principal residential use and not exceed 25% of the ground floor area of the building.
D.
Residential support services must have internal access from the principal residential building. External entrances are also allowed.

3.9.8 BOARDING AND ROOMING UNITS^♦

A.
The taking of boarders for more than 30 consecutive days or the leasing of rooms for more than 30 consecutive days is allowed as an accessory use to a principal use in the household living use category, provided the total number of boarders and roomers does not exceed two and an owner of the property resides full-time on the property.
B.
The use of a household unit, or part of a household unit, for commercial lodging use, also known as short-term rental use, where lodging is provided for compensation for one or more persons for periods of less than 30 consecutive days, is allowed as an accessory use to a household living principal use.

3.9.9 LIQUOR, WINE, AND BEER SALES

A.
Description. The retail sale of alcoholic liquor, wine and beer is permitted as a principal use, or as an accessory use to a permitted principal use where determined by the neighborhood services director that said accessory use is customary and incidental to such permitted principal use, only in the zoning districts and subject to the conditions indicated in Table 134-3.1-1 and Table 134-3.9-1 of this article and pursuant to this section.^♦
B.
Conditional Use Approval Criteria. Conditional use approval is required for the use of any premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine or beer, under the circumstances identified in Table 134-3.1-1 and Table 134-3.9-1 of this article. The board of adjustment is authorized to grant conditional use approval for such uses only when the business, operated in conformance with such reasonable conditions as may be imposed by the board, satisfies the following criteria:^♦

3.9.6 OUTDOOR STORAGE

A.
Accessory outdoor storage is permitted in any I district when associated with an industrial use or self-service storage use; in any EX district when associated with a warehouse, wholesale sales and distribution, or artisan or limited fabrication and production use; and in any CX, EX, or I1 district when associated with large-format retail use.^♦
B.
The location and stacking height of outdoor storage materials shall be subject to the requirements of chapter 135 of this code.^♦
C.
Materials shall be set back from each lot line a minimum distance as established in, and subject to review pursuant to, chapter 135 of this code.
D.
All outdoor storage areas shall be screened from view of adjacent lots and streets in accordance with, and subject to review pursuant to, chapter 135 of this code.
E.
No person shall park, place, keep or store, or permit the parking or storage of, a stock car, racing car, inoperable or unsafe vehicle, vehicular component parts, or miscellaneous junk and debris on any public or private property unless it shall be in a completely enclosed building. This subsection shall not apply to legitimate businesses operating in a lawful place and manner; provided, however, that such outside areas are screened from public view.

3.9.7 RESIDENTIAL SUPPORT SERVICE

A.
Residential support services are small-scale personal service and retail sales uses that primarily serve the needs of residents of large residential buildings.

B.
Residential support services are allowed in NX3 districts as an accessory use to any principal group living use with more than 50 residents and in apartment buildings containing more than 30 permanent household units.

C.
Residential support services must be located on the ground floor of the same building as the principal residential use and not exceed 25% of the ground floor area of the building.
D.
Residential support services must have internal access from the principal residential building. External entrances are also allowed.

3.9.8 BOARDING AND ROOMING UNITS^♦

A.
The taking of boarders for more than 30 consecutive days or the leasing of rooms for more than 30 consecutive days is allowed as an accessory use to a principal use in the household living use category, provided the total number of boarders and roomers does not exceed two and an owner of the property resides full-time on the property.
B.
The use of a household unit, or part of a household unit, for commercial lodging use, also known as short-term rental use, where lodging is provided for compensation for one or more persons for periods of less than 30 consecutive days, is allowed as an accessory use to a household living principal use.

3.9.9 LIQUOR, WINE, AND BEER SALES

A.
Description. The retail sale of alcoholic liquor, wine and beer is permitted as a principal use, or as an accessory use to a permitted principal use where determined by the neighborhood services director that said accessory use is customary and incidental to such permitted principal use, only in the zoning districts and subject to the conditions indicated in Table 134-3.1-1 and Table 134-3.9-1 of this article and pursuant to this section.^♦
B.
Conditional Use Approval Criteria. Conditional use approval is required for the use of any premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine or beer, under the circumstances identified in Table 134-3.1-1 and Table 134-3.9-1 of this article. The board of adjustment is authorized to grant conditional use approval for such uses only when the business, operated in conformance with such reasonable conditions as may be imposed by the board, satisfies the following criteria:^♦

3.9.6 OUTDOOR STORAGE

A.
Accessory outdoor storage is permitted in any I district when associated with an industrial use or self-service storage use; in any EX district when associated with a warehouse, wholesale sales and distribution, or artisan or limited fabrication and production use; and in any CX, EX, or I1 district when associated with large-format retail use.^♦
B.
The location and stacking height of outdoor storage materials shall be subject to the requirements of chapter 135 of this code.^♦
C.
Materials shall be set back from each lot line a minimum distance as established in, and subject to review pursuant to, chapter 135 of this code.
D.
All outdoor storage areas shall be screened from view of adjacent lots and streets in accordance with, and subject to review pursuant to, chapter 135 of this code.
E.
No person shall park, place, keep or store, or permit the parking or storage of, a stock car, racing car, inoperable or unsafe vehicle, vehicular component parts, or miscellaneous junk and debris on any public or private property unless it shall be in a completely enclosed building. This subsection shall not apply to legitimate businesses operating in a lawful place and manner; provided, however, that such outside areas are screened from public view.

3.9.7 RESIDENTIAL SUPPORT SERVICE

A.
Residential support services are small-scale personal service and retail sales uses that primarily serve the needs of residents of large residential buildings.

B.
Residential support services are allowed in NX3 districts as an accessory use to any principal group living use with more than 50 residents and in apartment buildings containing more than 30 permanent household units.

C.
Residential support services must be located on the ground floor of the same building as the principal residential use and not exceed 25% of the ground floor area of the building.
D.
Residential support services must have internal access from the principal residential building. External entrances are also allowed.

3.9.8 BOARDING AND ROOMING UNITS^♦

A.
The taking of boarders for more than 30 consecutive days or the leasing of rooms for more than 30 consecutive days is allowed as an accessory use to a principal use in the household living use category, provided the total number of boarders and roomers does not exceed two and an owner of the property resides full-time on the property.
B.
The use of a household unit, or part of a household unit, for commercial lodging use, also known as short-term rental use, where lodging is provided for compensation for one or more persons for periods of less than 30 consecutive days, is allowed as an accessory use to a household living principal use.

3.9.9 LIQUOR, WINE, AND BEER SALES

A.
Description. The retail sale of alcoholic liquor, wine and beer is permitted as a principal use, or as an accessory use to a permitted principal use where determined by the neighborhood services director that said accessory use is customary and incidental to such permitted principal use, only in the zoning districts and subject to the conditions indicated in Table 134-3.1-1 and Table 134-3.9-1 of this article and pursuant to this section.^♦
B.
Conditional Use Approval Criteria. Conditional use approval is required for the use of any premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine or beer, under the circumstances identified in Table 134-3.1-1 and Table 134-3.9-1 of this article. The board of adjustment is authorized to grant conditional use approval for such uses only when the business, operated in conformance with such reasonable conditions as may be imposed by the board, satisfies the following criteria:^♦

134-3. USES

Accessory Uses

1. 1.
  The business conforms with the conditions identified in indicated in Table 134-3.9-1 of this article.
2. 2.
  The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing in the adjoining or surrounding residential area.
3. 3.
  The business is sufficiently separated from the adjoining residential area by distance, landscaping, walls or structures to prevent any noise, vibration or light generated by the business from having a significant detrimental impact upon the adjoining residential uses.
4. 4.
  The business will not unduly increase congestion on the streets in the adjoining residential area.
5. 5.
  The operation of the business will not constitute a nuisance.

C.
Supplemental Use Regulations.
Any conditional use approval granted by the board of adjustment for the use of a premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine and beer is subject to the following supplemental use regulations, together with such additional special conditions as may be reasonably required by the board of adjustment to ensure that the conditional use review approval criteria of paragraph B of this subsection, are satisfied:^♦
1. 1.
  Any parking area provided for the use of customers of the business must be illuminated at an intensity of at least one footcandle of light on the parking surface at all times. The entire site must be landscaped and illuminated so as to minimize hiding places for possible criminal activity.
2. 2.
  The business shall comply with the noise control regulations of article IV of chapter 42 of this code. Outside speakers and amplified sound are prohibited except when used in compliance with a type E sound permit.^♦

3.
Any such business must comply with the following requirements:^♦
1. a.
  Every retail sales establishment, fuel station, liquor store, and tobacco store selling alcoholic liquor for off-premises consumption shall have more than one employee on duty at all times the business is open to the public. In addition, any limited retail sales establishment, fuel station, and tobacco store selling alcoholic liquor for off premises consumption shall either:
  1. i.
    Display alcoholic liquor only in a locked case or behind a counter accessible only to employees or
  2. ii.
    Employ an electronic security cap or tag system on all containers of alcoholic liquor on display.
2. b.
  Conspicuously post 24-hour contact information for a manager or owner of the business near the main public entrance.
3. c.
  Not dispense alcoholic beverages from a drive-through window.
4.
Litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such business shall remove all trash and debris from the premises and adjoining public areas on a daily basis.
5.
If the zoning enforcement officer determines at any time that the operation of such a business exhibits a pattern of violating the conditions of the conditional use approval, the zoning enforcement officer may apply to the board of adjustment to reconsider conditional use approval for such business. A copy of such application and notice of the hearing before the board on such business at least 30 days in advance and shall also be provided to all owners of record of property within 250 feet of the subject property. If the board of adjustment finds that the operation of such business exhibits a pattern of violating the conditions of the conditional use, the board shall have the authority to amend or revoke the conditional use approval.

1. 1.
  The business conforms with the conditions identified in indicated in Table 134-3.9-1 of this article.
2. 2.
  The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing in the adjoining or surrounding residential area.
3. 3.
  The business is sufficiently separated from the adjoining residential area by distance, landscaping, walls or structures to prevent any noise, vibration or light generated by the business from having a significant detrimental impact upon the adjoining residential uses.
4. 4.
  The business will not unduly increase congestion on the streets in the adjoining residential area.
5. 5.
  The operation of the business will not constitute a nuisance.

C.
Supplemental Use Regulations.
Any conditional use approval granted by the board of adjustment for the use of a premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine and beer is subject to the following supplemental use regulations, together with such additional special conditions as may be reasonably required by the board of adjustment to ensure that the conditional use review approval criteria of paragraph B of this subsection, are satisfied:^♦
1. 1.
  Any parking area provided for the use of customers of the business must be illuminated at an intensity of at least one footcandle of light on the parking surface at all times. The entire site must be landscaped and illuminated so as to minimize hiding places for possible criminal activity.
2. 2.
  The business shall comply with the noise control regulations of article IV of chapter 42 of this code. Outside speakers and amplified sound are prohibited except when used in compliance with a type E sound permit.^♦

3.
Any such business must comply with the following requirements:^♦
1. a.
  Every retail sales establishment, fuel station, liquor store, and tobacco store selling alcoholic liquor for off-premises consumption shall have more than one employee on duty at all times the business is open to the public. In addition, any limited retail sales establishment, fuel station, and tobacco store selling alcoholic liquor for off premises consumption shall either:
  1. i.
    Display alcoholic liquor only in a locked case or behind a counter accessible only to employees or
  2. ii.
    Employ an electronic security cap or tag system on all containers of alcoholic liquor on display.
2. b.
  Conspicuously post 24-hour contact information for a manager or owner of the business near the main public entrance.
3. c.
  Not dispense alcoholic beverages from a drive-through window.
4.
Litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such business shall remove all trash and debris from the premises and adjoining public areas on a daily basis.
5.
If the zoning enforcement officer determines at any time that the operation of such a business exhibits a pattern of violating the conditions of the conditional use approval, the zoning enforcement officer may apply to the board of adjustment to reconsider conditional use approval for such business. A copy of such application and notice of the hearing before the board on such business at least 30 days in advance and shall also be provided to all owners of record of property within 250 feet of the subject property. If the board of adjustment finds that the operation of such business exhibits a pattern of violating the conditions of the conditional use, the board shall have the authority to amend or revoke the conditional use approval.

1. 1.
  The business conforms with the conditions identified in indicated in Table 134-3.9-1 of this article.
2. 2.
  The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing in the adjoining or surrounding residential area.
3. 3.
  The business is sufficiently separated from the adjoining residential area by distance, landscaping, walls or structures to prevent any noise, vibration or light generated by the business from having a significant detrimental impact upon the adjoining residential uses.
4. 4.
  The business will not unduly increase congestion on the streets in the adjoining residential area.
5. 5.
  The operation of the business will not constitute a nuisance.

C.
Supplemental Use Regulations.
Any conditional use approval granted by the board of adjustment for the use of a premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine and beer is subject to the following supplemental use regulations, together with such additional special conditions as may be reasonably required by the board of adjustment to ensure that the conditional use review approval criteria of paragraph B of this subsection, are satisfied:^♦
1. 1.
  Any parking area provided for the use of customers of the business must be illuminated at an intensity of at least one footcandle of light on the parking surface at all times. The entire site must be landscaped and illuminated so as to minimize hiding places for possible criminal activity.
2. 2.
  The business shall comply with the noise control regulations of article IV of chapter 42 of this code. Outside speakers and amplified sound are prohibited except when used in compliance with a type E sound permit.^♦

3.
Any such business must comply with the following requirements:^♦
1. a.
  Every retail sales establishment, fuel station, liquor store, and tobacco store selling alcoholic liquor for off-premises consumption shall have more than one employee on duty at all times the business is open to the public. In addition, any limited retail sales establishment, fuel station, and tobacco store selling alcoholic liquor for off premises consumption shall either:
  1. i.
    Display alcoholic liquor only in a locked case or behind a counter accessible only to employees or
  2. ii.
    Employ an electronic security cap or tag system on all containers of alcoholic liquor on display.
2. b.
  Conspicuously post 24-hour contact information for a manager or owner of the business near the main public entrance.
3. c.
  Not dispense alcoholic beverages from a drive-through window.
4.
Litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such business shall remove all trash and debris from the premises and adjoining public areas on a daily basis.
5.
If the zoning enforcement officer determines at any time that the operation of such a business exhibits a pattern of violating the conditions of the conditional use approval, the zoning enforcement officer may apply to the board of adjustment to reconsider conditional use approval for such business. A copy of such application and notice of the hearing before the board on such business at least 30 days in advance and shall also be provided to all owners of record of property within 250 feet of the subject property. If the board of adjustment finds that the operation of such business exhibits a pattern of violating the conditions of the conditional use, the board shall have the authority to amend or revoke the conditional use approval.

1. 1.
  The business conforms with the conditions identified in indicated in Table 134-3.9-1 of this article.
2. 2.
  The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing in the adjoining or surrounding residential area.
3. 3.
  The business is sufficiently separated from the adjoining residential area by distance, landscaping, walls or structures to prevent any noise, vibration or light generated by the business from having a significant detrimental impact upon the adjoining residential uses.
4. 4.
  The business will not unduly increase congestion on the streets in the adjoining residential area.
5. 5.
  The operation of the business will not constitute a nuisance.

C.
Supplemental Use Regulations.
Any conditional use approval granted by the board of adjustment for the use of a premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine and beer is subject to the following supplemental use regulations, together with such additional special conditions as may be reasonably required by the board of adjustment to ensure that the conditional use review approval criteria of paragraph B of this subsection, are satisfied:^♦
1. 1.
  Any parking area provided for the use of customers of the business must be illuminated at an intensity of at least one footcandle of light on the parking surface at all times. The entire site must be landscaped and illuminated so as to minimize hiding places for possible criminal activity.
2. 2.
  The business shall comply with the noise control regulations of article IV of chapter 42 of this code. Outside speakers and amplified sound are prohibited except when used in compliance with a type E sound permit.^♦

3.
Any such business must comply with the following requirements:^♦
1. a.
  Every retail sales establishment, fuel station, liquor store, and tobacco store selling alcoholic liquor for off-premises consumption shall have more than one employee on duty at all times the business is open to the public. In addition, any limited retail sales establishment, fuel station, and tobacco store selling alcoholic liquor for off premises consumption shall either:
  1. i.
    Display alcoholic liquor only in a locked case or behind a counter accessible only to employees or
  2. ii.
    Employ an electronic security cap or tag system on all containers of alcoholic liquor on display.
2. b.
  Conspicuously post 24-hour contact information for a manager or owner of the business near the main public entrance.
3. c.
  Not dispense alcoholic beverages from a drive-through window.
4.
Litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such business shall remove all trash and debris from the premises and adjoining public areas on a daily basis.
5.
If the zoning enforcement officer determines at any time that the operation of such a business exhibits a pattern of violating the conditions of the conditional use approval, the zoning enforcement officer may apply to the board of adjustment to reconsider conditional use approval for such business. A copy of such application and notice of the hearing before the board on such business at least 30 days in advance and shall also be provided to all owners of record of property within 250 feet of the subject property. If the board of adjustment finds that the operation of such business exhibits a pattern of violating the conditions of the conditional use, the board shall have the authority to amend or revoke the conditional use approval.

134-3. USES

Accessory Uses

D.
Report of Findings.
1. 1.
  Report of Findings - Alcoholic Liquor, Wine, or Beer. Upon reasonable suspicion that any retail sales establishment other than a liquor store, fuel station, or tobacco store derives more than 40% of its gross receipts from the sale of alcoholic liquor, wine, or beer, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer. If the business does not provide documentation demonstrating that less than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer within 45 days of the zoning enforcement officer's demand for such documentation, it shall be presumed that the business's principal use is as a liquor store and must comply with all provisions of this chapter pertaining to liquor stores. Such presumption may be overcome by the business timely furnishing a report of findings showing compliance with the alcohol sales percentage requirements of this section for business other than liquor stores, prepared and verified by a certified public accountant as the result of an agreed-upon procedures engagement, identifying the total dollar volume of all receipts, and separately identifying the total dollar volume of gross receipts derived from the sale of alcoholic beverages, and from the sale of all other merchandise and food exclusive of alcoholic beverages, from the business premises in the preceding six months.
  If the presumption is not overcome in the time and manner set forth in the preceding paragraph, then any fuel station or retail sales establishment shall be deemed a liquor store for purposes of this zoning code and shall be subject to the enforcement provisions of this zoning code for any violation thereof.^♦
2. 2.
  Report of Findings - Tobacco. Upon reasonable suspicion that any retail sales establishment other than a tobacco store, fuel station or liquor store, derives more than 40% of its gross receipts from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products. If the business does not provide

documentation demonstrating that less than 40% of its gross receipts from sales are derived from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products within 45 days of the zoning enforcement officer’s demand for such documentation, it shall be presumed that the business’s principal use is as a tobacco store and must comply with all provisions of this chapter pertaining to tobacco stores. Such presumption may be overcome by the business timely furnishing a report of findings showing compliance with the tobacco sales percentage requirements of this section for businesses other than tobacco stores, prepared and verified by a certified public accountant as the result of an agreed-upon procedures engagement, identifying the total dollar volume of all receipts, and separately identifying the total dollar volume of gross receipts derived from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products and from the sale of all other merchandise and food exclusive of tobacco products, cigarettes, vapor products, and/or alternative nicotine products, from the business premises in the preceding six months.

If the presumption is not overcome in the time and manner set forth in the preceding paragraph, then the business shall be deemed a tobacco store for purposes of this zoning code and shall be subject to the enforcement provisions of this zoning code for any violation thereof.^♦

3.
Report of Findings - Restaurant or Other Uses with On-Premises Alcoholic Consumption. Upon reasonable suspicion that any restaurant or "Other" use with on-site alcoholic consumption does not derive at least 50% of its gross receipts from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services, the zoning enforcement officer may require that the owner or operator of the restaurant or "Other" use with on-site alcoholic consumption demonstrate within 45 days that during the prior six months at least 50% of its gross receipts were derived from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services. If the business does not provide documentation demonstrating that at least 50% of its gross receipts were derived from the sale of prepared food,

D.
Report of Findings.
1. 1.
  Report of Findings - Alcoholic Liquor, Wine, or Beer. Upon reasonable suspicion that any retail sales establishment other than a liquor store, fuel station, or tobacco store derives more than 40% of its gross receipts from the sale of alcoholic liquor, wine, or beer, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer. If the business does not provide documentation demonstrating that less than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer within 45 days of the zoning enforcement officer's demand for such documentation, it shall be presumed that the business's principal use is as a liquor store and must comply with all provisions of this chapter pertaining to liquor stores. Such presumption may be overcome by the business timely furnishing a report of findings showing compliance with the alcohol sales percentage requirements of this section for business other than liquor stores, prepared and verified by a certified public accountant as the result of an agreed-upon procedures engagement, identifying the total dollar volume of all receipts, and separately identifying the total dollar volume of gross receipts derived from the sale of alcoholic beverages, and from the sale of all other merchandise and food exclusive of alcoholic beverages, from the business premises in the preceding six months.
  If the presumption is not overcome in the time and manner set forth in the preceding paragraph, then any fuel station or retail sales establishment shall be deemed a liquor store for purposes of this zoning code and shall be subject to the enforcement provisions of this zoning code for any violation thereof.^♦
2. 2.
  Report of Findings - Tobacco. Upon reasonable suspicion that any retail sales establishment other than a tobacco store, fuel station or liquor store, derives more than 40% of its gross receipts from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products. If the business does not provide

3.
Report of Findings - Restaurant or Other Uses with On-Premises Alcoholic Consumption. Upon reasonable suspicion that any restaurant or "Other" use with on-site alcoholic consumption does not derive at least 50% of its gross receipts from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services, the zoning enforcement officer may require that the owner or operator of the restaurant or "Other" use with on-site alcoholic consumption demonstrate within 45 days that during the prior six months at least 50% of its gross receipts were derived from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services. If the business does not provide documentation demonstrating that at least 50% of its gross receipts were derived from the sale of prepared food,

D.
Report of Findings.
1. 1.
  Report of Findings - Alcoholic Liquor, Wine, or Beer. Upon reasonable suspicion that any retail sales establishment other than a liquor store, fuel station, or tobacco store derives more than 40% of its gross receipts from the sale of alcoholic liquor, wine, or beer, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer. If the business does not provide documentation demonstrating that less than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer within 45 days of the zoning enforcement officer's demand for such documentation, it shall be presumed that the business's principal use is as a liquor store and must comply with all provisions of this chapter pertaining to liquor stores. Such presumption may be overcome by the business timely furnishing a report of findings showing compliance with the alcohol sales percentage requirements of this section for business other than liquor stores, prepared and verified by a certified public accountant as the result of an agreed-upon procedures engagement, identifying the total dollar volume of all receipts, and separately identifying the total dollar volume of gross receipts derived from the sale of alcoholic beverages, and from the sale of all other merchandise and food exclusive of alcoholic beverages, from the business premises in the preceding six months.
  If the presumption is not overcome in the time and manner set forth in the preceding paragraph, then any fuel station or retail sales establishment shall be deemed a liquor store for purposes of this zoning code and shall be subject to the enforcement provisions of this zoning code for any violation thereof.^♦
2. 2.
  Report of Findings - Tobacco. Upon reasonable suspicion that any retail sales establishment other than a tobacco store, fuel station or liquor store, derives more than 40% of its gross receipts from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products. If the business does not provide

3.
Report of Findings - Restaurant or Other Uses with On-Premises Alcoholic Consumption. Upon reasonable suspicion that any restaurant or "Other" use with on-site alcoholic consumption does not derive at least 50% of its gross receipts from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services, the zoning enforcement officer may require that the owner or operator of the restaurant or "Other" use with on-site alcoholic consumption demonstrate within 45 days that during the prior six months at least 50% of its gross receipts were derived from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services. If the business does not provide documentation demonstrating that at least 50% of its gross receipts were derived from the sale of prepared food,

D.
Report of Findings.
1. 1.
  Report of Findings - Alcoholic Liquor, Wine, or Beer. Upon reasonable suspicion that any retail sales establishment other than a liquor store, fuel station, or tobacco store derives more than 40% of its gross receipts from the sale of alcoholic liquor, wine, or beer, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer. If the business does not provide documentation demonstrating that less than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer within 45 days of the zoning enforcement officer's demand for such documentation, it shall be presumed that the business's principal use is as a liquor store and must comply with all provisions of this chapter pertaining to liquor stores. Such presumption may be overcome by the business timely furnishing a report of findings showing compliance with the alcohol sales percentage requirements of this section for business other than liquor stores, prepared and verified by a certified public accountant as the result of an agreed-upon procedures engagement, identifying the total dollar volume of all receipts, and separately identifying the total dollar volume of gross receipts derived from the sale of alcoholic beverages, and from the sale of all other merchandise and food exclusive of alcoholic beverages, from the business premises in the preceding six months.
  If the presumption is not overcome in the time and manner set forth in the preceding paragraph, then any fuel station or retail sales establishment shall be deemed a liquor store for purposes of this zoning code and shall be subject to the enforcement provisions of this zoning code for any violation thereof.^♦
2. 2.
  Report of Findings - Tobacco. Upon reasonable suspicion that any retail sales establishment other than a tobacco store, fuel station or liquor store, derives more than 40% of its gross receipts from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products. If the business does not provide

3.
Report of Findings - Restaurant or Other Uses with On-Premises Alcoholic Consumption. Upon reasonable suspicion that any restaurant or "Other" use with on-site alcoholic consumption does not derive at least 50% of its gross receipts from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services, the zoning enforcement officer may require that the owner or operator of the restaurant or "Other" use with on-site alcoholic consumption demonstrate within 45 days that during the prior six months at least 50% of its gross receipts were derived from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services. If the business does not provide documentation demonstrating that at least 50% of its gross receipts were derived from the sale of prepared food,

134-3. USES

Accessory Uses

food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services, within 45 days of the zoning enforcement officer’s demand for such documentation, it shall be presumed that the business's principal use is as a bar and must comply with all provisions of this chapter pertaining to bars. Such presumption may be overcome by the business timely furnishing a report of findings showing compliance with the percentage requirements of this section for restaurants, prepared and verified by a certified public accountant as the result of an agreed-upon procedures engagement, identifying the total dollar volume of all receipts, and separately identifying the total dollar volume of gross receipts derived from the sale of alcoholic beverages and from the sale of prepared food and food-related services exclusive of alcoholic beverages, from the business premises in the preceding six months.^♦

E.
Prohibited Accounting for Alcoholic Beverages. The sale of an alcoholic beverage and any of its component ingredients whether mixed into one beverage or sold separately to the same customer, regardless of intent, shall not be divided for accounting purposes under this chapter.
F.
Effective Date.
1. 1.
  All fuel stations, retail sales establishments, tobacco stores and restaurants that have not continuously held an alcoholic liquor license or a beer or wine permit since July 1, 2012, shall comply with the requirements of paragraphs A., B., C., D., and E. of this sub-section.^♦
2. 2.
  Any fuel station, retail sales establishment, tobacco store or restaurant which has continuously held an alcoholic liquor license or a wine or beer permit since July 1, 2012, shall comply with paragraphs A., B., C., D., and E. of this subsection, exclusive of any changed separation requirements, commencing on December 31, 2013, and prior to that date shall continue to be subject to the general regulations regarding nonconforming uses, as set forth in section 134-7.2 of this code.^♦

3.
Section 134-3.9.9.C shall be effective on and after November 1, 2025. Every limited retail sales establishment, fuel station and tobacco store which held a liquor license on October 31, 2025 and continuously holding such liquor license shall display alcoholic liquor only in a locked case or behind a counter accessible only to employees.^♦

3.9.10 ACCESSORY OFF-SITE PARKING USE^♦

Required off-street parking as an accessory use to a permitted principal non-residential use, occurring off-site in a zoning district where non-accessory parking or the use to be served by the parking are not allowed, as follows:

A.
The accessory off-site parking use will be on a lot abutting the permitted principal non-residential use, which abutting lot is connected to the lot containing the permitted principal non-residential use by declaration of zoning lot filed with the county recorder and is owned or controlled by the operator of the permitted principal non-residential use.

B.
The accessory off-site parking use complies with the planning and design requirements of chapter 135, including approval of the off-site parking lot through the Type 2 design alternative procedures of section 135-9.2 of this code in accordance with section 135-6.6.4.C.3.
C.
The accessory off-site parking use is intended for customer and employee personal vehicles only. Limited commercial truck parking shall be permitted only for single rear-axle pickups or vans weighing no more than 6,000 pounds (gross vehicle weight rating). No exterior power apparatus is allowed. This will not permit trailers or other equipment storage.
D.
A directional sign shall be placed in the accessory off-site parking use lot on the boundary line separating the two districts, which shall read “no truck parking behind this point except limited commercial pickups or vans weighing under 6,000 lbs. (G.V.W.R.)” or similar wording.
E.
A Type 1 zoning exception reviewed and approved in accordance with section 134-6.5.2 of this chapter is required for the accessory off-site parking use.

E.
Prohibited Accounting for Alcoholic Beverages. The sale of an alcoholic beverage and any of its component ingredients whether mixed into one beverage or sold separately to the same customer, regardless of intent, shall not be divided for accounting purposes under this chapter.
F.
Effective Date.
1. 1.
  All fuel stations, retail sales establishments, tobacco stores and restaurants that have not continuously held an alcoholic liquor license or a beer or wine permit since July 1, 2012, shall comply with the requirements of paragraphs A., B., C., D., and E. of this sub-section.^♦
2. 2.
  Any fuel station, retail sales establishment, tobacco store or restaurant which has continuously held an alcoholic liquor license or a wine or beer permit since July 1, 2012, shall comply with paragraphs A., B., C., D., and E. of this subsection, exclusive of any changed separation requirements, commencing on December 31, 2013, and prior to that date shall continue to be subject to the general regulations regarding nonconforming uses, as set forth in section 134-7.2 of this code.^♦

3.
Section 134-3.9.9.C shall be effective on and after November 1, 2025. Every limited retail sales establishment, fuel station and tobacco store which held a liquor license on October 31, 2025 and continuously holding such liquor license shall display alcoholic liquor only in a locked case or behind a counter accessible only to employees.^♦

3.9.10 ACCESSORY OFF-SITE PARKING USE^♦

A.
The accessory off-site parking use will be on a lot abutting the permitted principal non-residential use, which abutting lot is connected to the lot containing the permitted principal non-residential use by declaration of zoning lot filed with the county recorder and is owned or controlled by the operator of the permitted principal non-residential use.

B.
The accessory off-site parking use complies with the planning and design requirements of chapter 135, including approval of the off-site parking lot through the Type 2 design alternative procedures of section 135-9.2 of this code in accordance with section 135-6.6.4.C.3.
C.
The accessory off-site parking use is intended for customer and employee personal vehicles only. Limited commercial truck parking shall be permitted only for single rear-axle pickups or vans weighing no more than 6,000 pounds (gross vehicle weight rating). No exterior power apparatus is allowed. This will not permit trailers or other equipment storage.
D.
A directional sign shall be placed in the accessory off-site parking use lot on the boundary line separating the two districts, which shall read “no truck parking behind this point except limited commercial pickups or vans weighing under 6,000 lbs. (G.V.W.R.)” or similar wording.
E.
A Type 1 zoning exception reviewed and approved in accordance with section 134-6.5.2 of this chapter is required for the accessory off-site parking use.

E.
Prohibited Accounting for Alcoholic Beverages. The sale of an alcoholic beverage and any of its component ingredients whether mixed into one beverage or sold separately to the same customer, regardless of intent, shall not be divided for accounting purposes under this chapter.
F.
Effective Date.
1. 1.
  All fuel stations, retail sales establishments, tobacco stores and restaurants that have not continuously held an alcoholic liquor license or a beer or wine permit since July 1, 2012, shall comply with the requirements of paragraphs A., B., C., D., and E. of this sub-section.^♦
2. 2.
  Any fuel station, retail sales establishment, tobacco store or restaurant which has continuously held an alcoholic liquor license or a wine or beer permit since July 1, 2012, shall comply with paragraphs A., B., C., D., and E. of this subsection, exclusive of any changed separation requirements, commencing on December 31, 2013, and prior to that date shall continue to be subject to the general regulations regarding nonconforming uses, as set forth in section 134-7.2 of this code.^♦

3.
Section 134-3.9.9.C shall be effective on and after November 1, 2025. Every limited retail sales establishment, fuel station and tobacco store which held a liquor license on October 31, 2025 and continuously holding such liquor license shall display alcoholic liquor only in a locked case or behind a counter accessible only to employees.^♦

3.9.10 ACCESSORY OFF-SITE PARKING USE^♦

A.
The accessory off-site parking use will be on a lot abutting the permitted principal non-residential use, which abutting lot is connected to the lot containing the permitted principal non-residential use by declaration of zoning lot filed with the county recorder and is owned or controlled by the operator of the permitted principal non-residential use.

B.
The accessory off-site parking use complies with the planning and design requirements of chapter 135, including approval of the off-site parking lot through the Type 2 design alternative procedures of section 135-9.2 of this code in accordance with section 135-6.6.4.C.3.
C.
The accessory off-site parking use is intended for customer and employee personal vehicles only. Limited commercial truck parking shall be permitted only for single rear-axle pickups or vans weighing no more than 6,000 pounds (gross vehicle weight rating). No exterior power apparatus is allowed. This will not permit trailers or other equipment storage.
D.
A directional sign shall be placed in the accessory off-site parking use lot on the boundary line separating the two districts, which shall read “no truck parking behind this point except limited commercial pickups or vans weighing under 6,000 lbs. (G.V.W.R.)” or similar wording.
E.
A Type 1 zoning exception reviewed and approved in accordance with section 134-6.5.2 of this chapter is required for the accessory off-site parking use.

E.
Prohibited Accounting for Alcoholic Beverages. The sale of an alcoholic beverage and any of its component ingredients whether mixed into one beverage or sold separately to the same customer, regardless of intent, shall not be divided for accounting purposes under this chapter.
F.
Effective Date.
1. 1.
  All fuel stations, retail sales establishments, tobacco stores and restaurants that have not continuously held an alcoholic liquor license or a beer or wine permit since July 1, 2012, shall comply with the requirements of paragraphs A., B., C., D., and E. of this sub-section.^♦
2. 2.
  Any fuel station, retail sales establishment, tobacco store or restaurant which has continuously held an alcoholic liquor license or a wine or beer permit since July 1, 2012, shall comply with paragraphs A., B., C., D., and E. of this subsection, exclusive of any changed separation requirements, commencing on December 31, 2013, and prior to that date shall continue to be subject to the general regulations regarding nonconforming uses, as set forth in section 134-7.2 of this code.^♦

3.
Section 134-3.9.9.C shall be effective on and after November 1, 2025. Every limited retail sales establishment, fuel station and tobacco store which held a liquor license on October 31, 2025 and continuously holding such liquor license shall display alcoholic liquor only in a locked case or behind a counter accessible only to employees.^♦

3.9.10 ACCESSORY OFF-SITE PARKING USE^♦

A.
The accessory off-site parking use will be on a lot abutting the permitted principal non-residential use, which abutting lot is connected to the lot containing the permitted principal non-residential use by declaration of zoning lot filed with the county recorder and is owned or controlled by the operator of the permitted principal non-residential use.

B.
The accessory off-site parking use complies with the planning and design requirements of chapter 135, including approval of the off-site parking lot through the Type 2 design alternative procedures of section 135-9.2 of this code in accordance with section 135-6.6.4.C.3.
C.
The accessory off-site parking use is intended for customer and employee personal vehicles only. Limited commercial truck parking shall be permitted only for single rear-axle pickups or vans weighing no more than 6,000 pounds (gross vehicle weight rating). No exterior power apparatus is allowed. This will not permit trailers or other equipment storage.
D.
A directional sign shall be placed in the accessory off-site parking use lot on the boundary line separating the two districts, which shall read “no truck parking behind this point except limited commercial pickups or vans weighing under 6,000 lbs. (G.V.W.R.)” or similar wording.
E.
A Type 1 zoning exception reviewed and approved in accordance with section 134-6.5.2 of this chapter is required for the accessory off-site parking use.

134-3. USES

Accessory Uses

TABLE 134-3.9-1. ALCOHOLIC LIQUOR, WINE AND BEER SALES^♦
USE	DISTRICTS
USE	DX1	DX2	DXR	MX1	MX2	MX3	RX1, RX2	CX, EX, I1	I2	NX2, NX2A	P1, P2	F
Retail Sales
Limited^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	40%/500 1320	—	40%/500 1320	—	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	—	—	—	—
General
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Large
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Fuel Station^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	40%/500 1320	40%/500 1320	—	40%/500 1320	40%/500 1320	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	—	40%/150	40%/150	—	40%/150	40%/150	—	—	—
Liquor Store
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	500 1320	—	500 1320	500 1320	—	—	—
Wine and Beer Sales	—	150	150	150	150	150	—	150	150	—	—	—
Restaurant, Bar, Other Uses
Restaurant with Alcoholic Liquor, Wine and Beer Sales^♦	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	—
Bar				—	150	150	—	150	—	—	150	—
Other Uses with Alcoholic Liquor, Wine and Beer Sales
KEY:
= requires conditional use approval
* = supplemental use regulations apply
— = prohibited
Table Notes^♦
= Uses identified with a symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of 134-6.4 of this chapter.
40% = no more than 40% of the gross receipts from sales from the premises may be derived from the sale of alcoholic liquor, wine or beer. 50% = at least 50% of the gross receipts from sales from the premises must be derived from the sale of prepared food and food-related services. The sale of an alcoholic beverage is not the sale of prepared food and food-related services. 75 = the licensed premises occupied by such use must be separated by at least 75 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 150 = the licensed premises occupied by such use must be separated by at least 150 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 1320 = the licensed premises occupied by such use must be separated by at least 1320 feet from the property line of the lot where any limited retail sales, fuel stations, liquor stores and tobacco stores engaged in the sale of alcoholic liquor is located.

TABLE 134-3.9-1. ALCOHOLIC LIQUOR, WINE AND BEER SALES^♦
USE	DISTRICTS
USE	DX1	DX2	DXR	MX1	MX2	MX3	RX1, RX2	CX, EX, I1	I2	NX2, NX2A	P1, P2	F
Retail Sales
Limited^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	40%/500 1320	—	40%/500 1320	—	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	—	—	—	—
General
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Large
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Fuel Station^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	40%/500 1320	40%/500 1320	—	40%/500 1320	40%/500 1320	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	—	40%/150	40%/150	—	40%/150	40%/150	—	—	—
Liquor Store
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	500 1320	—	500 1320	500 1320	—	—	—
Wine and Beer Sales	—	150	150	150	150	150	—	150	150	—	—	—
Restaurant, Bar, Other Uses
Restaurant with Alcoholic Liquor, Wine and Beer Sales^♦	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	—
Bar				—	150	150	—	150	—	—	150	—
Other Uses with Alcoholic Liquor, Wine and Beer Sales
KEY:
= requires conditional use approval
* = supplemental use regulations apply
— = prohibited
Table Notes^♦
= Uses identified with a symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of 134-6.4 of this chapter.
40% = no more than 40% of the gross receipts from sales from the premises may be derived from the sale of alcoholic liquor, wine or beer. 50% = at least 50% of the gross receipts from sales from the premises must be derived from the sale of prepared food and food-related services. The sale of an alcoholic beverage is not the sale of prepared food and food-related services. 75 = the licensed premises occupied by such use must be separated by at least 75 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 150 = the licensed premises occupied by such use must be separated by at least 150 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 1320 = the licensed premises occupied by such use must be separated by at least 1320 feet from the property line of the lot where any limited retail sales, fuel stations, liquor stores and tobacco stores engaged in the sale of alcoholic liquor is located.

TABLE 134-3.9-1. ALCOHOLIC LIQUOR, WINE AND BEER SALES^♦
USE	DISTRICTS
USE	DX1	DX2	DXR	MX1	MX2	MX3	RX1, RX2	CX, EX, I1	I2	NX2, NX2A	P1, P2	F
Retail Sales
Limited^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	40%/500 1320	—	40%/500 1320	—	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	—	—	—	—
General
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Large
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Fuel Station^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	40%/500 1320	40%/500 1320	—	40%/500 1320	40%/500 1320	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	—	40%/150	40%/150	—	40%/150	40%/150	—	—	—
Liquor Store
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	500 1320	—	500 1320	500 1320	—	—	—
Wine and Beer Sales	—	150	150	150	150	150	—	150	150	—	—	—
Restaurant, Bar, Other Uses
Restaurant with Alcoholic Liquor, Wine and Beer Sales^♦	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	—
Bar				—	150	150	—	150	—	—	150	—
Other Uses with Alcoholic Liquor, Wine and Beer Sales
KEY:
= requires conditional use approval
* = supplemental use regulations apply
— = prohibited
Table Notes^♦
= Uses identified with a symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of 134-6.4 of this chapter.
40% = no more than 40% of the gross receipts from sales from the premises may be derived from the sale of alcoholic liquor, wine or beer. 50% = at least 50% of the gross receipts from sales from the premises must be derived from the sale of prepared food and food-related services. The sale of an alcoholic beverage is not the sale of prepared food and food-related services. 75 = the licensed premises occupied by such use must be separated by at least 75 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 150 = the licensed premises occupied by such use must be separated by at least 150 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 1320 = the licensed premises occupied by such use must be separated by at least 1320 feet from the property line of the lot where any limited retail sales, fuel stations, liquor stores and tobacco stores engaged in the sale of alcoholic liquor is located.

TABLE 134-3.9-1. ALCOHOLIC LIQUOR, WINE AND BEER SALES^♦
USE	DISTRICTS
USE	DX1	DX2	DXR	MX1	MX2	MX3	RX1, RX2	CX, EX, I1	I2	NX2, NX2A	P1, P2	F
Retail Sales
Limited^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	40%/500 1320	—	40%/500 1320	—	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	—	—	—	—
General
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Large
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Fuel Station^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	40%/500 1320	40%/500 1320	—	40%/500 1320	40%/500 1320	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	—	40%/150	40%/150	—	40%/150	40%/150	—	—	—
Liquor Store
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	500 1320	—	500 1320	500 1320	—	—	—
Wine and Beer Sales	—	150	150	150	150	150	—	150	150	—	—	—
Restaurant, Bar, Other Uses
Restaurant with Alcoholic Liquor, Wine and Beer Sales^♦	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	—
Bar				—	150	150	—	150	—	—	150	—
Other Uses with Alcoholic Liquor, Wine and Beer Sales
KEY:
= requires conditional use approval
* = supplemental use regulations apply
— = prohibited
Table Notes^♦
= Uses identified with a symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of 134-6.4 of this chapter.
40% = no more than 40% of the gross receipts from sales from the premises may be derived from the sale of alcoholic liquor, wine or beer. 50% = at least 50% of the gross receipts from sales from the premises must be derived from the sale of prepared food and food-related services. The sale of an alcoholic beverage is not the sale of prepared food and food-related services. 75 = the licensed premises occupied by such use must be separated by at least 75 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 150 = the licensed premises occupied by such use must be separated by at least 150 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 1320 = the licensed premises occupied by such use must be separated by at least 1320 feet from the property line of the lot where any limited retail sales, fuel stations, liquor stores and tobacco stores engaged in the sale of alcoholic liquor is located.

134-3. USES

Temporary Uses

134-3.10 Temporary Uses^♦

3.10.1 DESCRIPTION AND PURPOSE

A.
A temporary use is the use of private property that does not require a building permit and that may or may not comply with the use and lot and building regulations of the zoning district in which the temporary use is located.
B.
The temporary use regulations of this section are intended to permit such occasional, temporary uses and activities when consistent with the purposes and regulations of this zoning ordinance.

3.10.2 AUTHORITY TO APPROVE

A.
All temporary uses require approval of a temporary use unless otherwise expressly stated.
B.
The neighborhood services director is authorized to establish administrative procedures governing the processing, review and approval of temporary uses.
C.
The neighborhood services director is authorized to approve temporary uses that comply with the provisions of this section and to impose conditions on the operation of temporary uses to help ensure that they do not create significant adverse impacts on surrounding uses and that they operate safely and without causing nuisances, consistent with the general purposes of this zoning ordinance.
D.
Temporary uses that do not comply with all applicable regulations and all conditions of approval may be approved in accordance with the conditional use procedures of section 134-6.4 of this chapter. The neighborhood services director is authorized to refer any temporary use to the board of adjustment for consideration in accordance with conditional use procedures of section 134-6.4 of this chapter.

3.10.3 GENERAL PROCEDURE

Upon receipt of a complete application for a temporary use, the neighborhood services director must review the proposed temporary use for its likely effects and surrounding properties and its compliance with the general provisions of this section.

The neighborhood services director may impose such conditions of approval on the temporary use as the neighborhood services director determines necessary to mitigate potential adverse impacts. Such conditions may include the following:

A.
Requirements for vehicle access and parking;
B.
Restrictions on hours of operation and duration;
C.
Limitations on signs and outdoor lighting;
D.
Requirements for financial guarantees covering the costs of cleanup or removal of structures or equipment; and
E.
Other conditions necessary to carry out the stated purposes of this zoning ordinance and the municipal code.

3.10.4 AUTHORIZED USES

The neighborhood services director is authorized to approve a temporary use upon determining that the proposed use is a customary temporary use in the subject location and will generally be compatible with surrounding uses and not be a detriment to public safety.

3.10.5 GARAGE SALES

Garage sales located on lots occupied by any residential household unit(s) are permitted without approval of the temporary use, subject to the following supplemental regulations:^♦

A.
No more than two garage sales may be conducted on a single lot in any calendar year, with each garage sale limited to no more than four consecutive days in duration. These limits apply on a per-lot basis, regardless of the person conducting the garage sale.
B.
No person conducting a garage sale may sell merchandise at the garage sale acquired solely for resale purposes.
C.
Garage sales are sometimes referred to as “yard sales,” “estate sales,” “moving sales,” “occasional sales” and other similar names. All such sales, by whatever name, are classified and regulated as “garage sales.”^♦

134-3.10 Temporary Uses^♦

3.10.1 DESCRIPTION AND PURPOSE

A.
A temporary use is the use of private property that does not require a building permit and that may or may not comply with the use and lot and building regulations of the zoning district in which the temporary use is located.
B.
The temporary use regulations of this section are intended to permit such occasional, temporary uses and activities when consistent with the purposes and regulations of this zoning ordinance.

3.10.2 AUTHORITY TO APPROVE

A.
All temporary uses require approval of a temporary use unless otherwise expressly stated.
B.
The neighborhood services director is authorized to establish administrative procedures governing the processing, review and approval of temporary uses.
C.
The neighborhood services director is authorized to approve temporary uses that comply with the provisions of this section and to impose conditions on the operation of temporary uses to help ensure that they do not create significant adverse impacts on surrounding uses and that they operate safely and without causing nuisances, consistent with the general purposes of this zoning ordinance.
D.
Temporary uses that do not comply with all applicable regulations and all conditions of approval may be approved in accordance with the conditional use procedures of section 134-6.4 of this chapter. The neighborhood services director is authorized to refer any temporary use to the board of adjustment for consideration in accordance with conditional use procedures of section 134-6.4 of this chapter.

3.10.3 GENERAL PROCEDURE

A.
Requirements for vehicle access and parking;
B.
Restrictions on hours of operation and duration;
C.
Limitations on signs and outdoor lighting;
D.
Requirements for financial guarantees covering the costs of cleanup or removal of structures or equipment; and
E.
Other conditions necessary to carry out the stated purposes of this zoning ordinance and the municipal code.

3.10.4 AUTHORIZED USES

3.10.5 GARAGE SALES

Garage sales located on lots occupied by any residential household unit(s) are permitted without approval of the temporary use, subject to the following supplemental regulations:^♦

A.
No more than two garage sales may be conducted on a single lot in any calendar year, with each garage sale limited to no more than four consecutive days in duration. These limits apply on a per-lot basis, regardless of the person conducting the garage sale.
B.
No person conducting a garage sale may sell merchandise at the garage sale acquired solely for resale purposes.
C.
Garage sales are sometimes referred to as “yard sales,” “estate sales,” “moving sales,” “occasional sales” and other similar names. All such sales, by whatever name, are classified and regulated as “garage sales.”^♦

134-3.10 Temporary Uses^♦

3.10.1 DESCRIPTION AND PURPOSE

A.
A temporary use is the use of private property that does not require a building permit and that may or may not comply with the use and lot and building regulations of the zoning district in which the temporary use is located.
B.
The temporary use regulations of this section are intended to permit such occasional, temporary uses and activities when consistent with the purposes and regulations of this zoning ordinance.

3.10.2 AUTHORITY TO APPROVE

A.
All temporary uses require approval of a temporary use unless otherwise expressly stated.
B.
The neighborhood services director is authorized to establish administrative procedures governing the processing, review and approval of temporary uses.
C.
The neighborhood services director is authorized to approve temporary uses that comply with the provisions of this section and to impose conditions on the operation of temporary uses to help ensure that they do not create significant adverse impacts on surrounding uses and that they operate safely and without causing nuisances, consistent with the general purposes of this zoning ordinance.
D.
Temporary uses that do not comply with all applicable regulations and all conditions of approval may be approved in accordance with the conditional use procedures of section 134-6.4 of this chapter. The neighborhood services director is authorized to refer any temporary use to the board of adjustment for consideration in accordance with conditional use procedures of section 134-6.4 of this chapter.

3.10.3 GENERAL PROCEDURE

A.
Requirements for vehicle access and parking;
B.
Restrictions on hours of operation and duration;
C.
Limitations on signs and outdoor lighting;
D.
Requirements for financial guarantees covering the costs of cleanup or removal of structures or equipment; and
E.
Other conditions necessary to carry out the stated purposes of this zoning ordinance and the municipal code.

3.10.4 AUTHORIZED USES

3.10.5 GARAGE SALES

Garage sales located on lots occupied by any residential household unit(s) are permitted without approval of the temporary use, subject to the following supplemental regulations:^♦

A.
No more than two garage sales may be conducted on a single lot in any calendar year, with each garage sale limited to no more than four consecutive days in duration. These limits apply on a per-lot basis, regardless of the person conducting the garage sale.
B.
No person conducting a garage sale may sell merchandise at the garage sale acquired solely for resale purposes.
C.
Garage sales are sometimes referred to as “yard sales,” “estate sales,” “moving sales,” “occasional sales” and other similar names. All such sales, by whatever name, are classified and regulated as “garage sales.”^♦

134-3.10 Temporary Uses^♦

3.10.1 DESCRIPTION AND PURPOSE

A.
A temporary use is the use of private property that does not require a building permit and that may or may not comply with the use and lot and building regulations of the zoning district in which the temporary use is located.
B.
The temporary use regulations of this section are intended to permit such occasional, temporary uses and activities when consistent with the purposes and regulations of this zoning ordinance.

3.10.2 AUTHORITY TO APPROVE

A.
All temporary uses require approval of a temporary use unless otherwise expressly stated.
B.
The neighborhood services director is authorized to establish administrative procedures governing the processing, review and approval of temporary uses.
C.
The neighborhood services director is authorized to approve temporary uses that comply with the provisions of this section and to impose conditions on the operation of temporary uses to help ensure that they do not create significant adverse impacts on surrounding uses and that they operate safely and without causing nuisances, consistent with the general purposes of this zoning ordinance.
D.
Temporary uses that do not comply with all applicable regulations and all conditions of approval may be approved in accordance with the conditional use procedures of section 134-6.4 of this chapter. The neighborhood services director is authorized to refer any temporary use to the board of adjustment for consideration in accordance with conditional use procedures of section 134-6.4 of this chapter.

3.10.3 GENERAL PROCEDURE

A.
Requirements for vehicle access and parking;
B.
Restrictions on hours of operation and duration;
C.
Limitations on signs and outdoor lighting;
D.
Requirements for financial guarantees covering the costs of cleanup or removal of structures or equipment; and
E.
Other conditions necessary to carry out the stated purposes of this zoning ordinance and the municipal code.

3.10.4 AUTHORIZED USES

3.10.5 GARAGE SALES

Garage sales located on lots occupied by any residential household unit(s) are permitted without approval of the temporary use, subject to the following supplemental regulations:^♦

A.
No more than two garage sales may be conducted on a single lot in any calendar year, with each garage sale limited to no more than four consecutive days in duration. These limits apply on a per-lot basis, regardless of the person conducting the garage sale.
B.
No person conducting a garage sale may sell merchandise at the garage sale acquired solely for resale purposes.
C.
Garage sales are sometimes referred to as “yard sales,” “estate sales,” “moving sales,” “occasional sales” and other similar names. All such sales, by whatever name, are classified and regulated as “garage sales.”^♦

134-3. USES

Temporary Uses

D.
Authorization to conduct more than two garage sales in any calendar year requires review and approval with conditional use procedures of section 134-6.4 of this chapter.
E.
Any other type of sale, or any similar sales in excess of the annual number allowed by this section, on lots occupied by household unit(s) shall constitute a commercial use not permitted in a residential zoning district.

3.10.6 CAMPING^♦

Subject to the approval process set forth in this Article, camping is allowed as a temporary accessory use on lots occupied by any principal Place of Worship use.

The neighborhood services director is authorized to impose conditions on the temporary camping use necessary to mitigate adverse impacts or protect the health, safety, and welfare of the campers, adjoining property owners, and the general public. In addition to the conditions authorized by Section 134-3.10.3, the neighborhood services director may impose conditions related to the following:

A.
Sanitation, including, but not limited to: trash removal; toilets; shower, hand-washing, or other hygiene facilities; and recycling or garbage facilities;
B.
Areas where tents may be set up and space requirements for each tent;
C.
Size limitations for tents or occupancy limits for each tent;
D.
How long the temporary camping use may be permitted;

Items in subsections A-D above are merely illustrative and are not meant to be interpreted as required conditions the neighborhood services director must impose nor be interpreted as exhaustive or otherwise place limitations on the type of conditions the neighborhood services director is authorized to impose on this temporary use.

3.10.7 EMERGENCY SHELTER - PLACE OF WORSHIP^♦

A.
Notwithstanding any other provision of this code to the contrary, including specifically section 134-3.3.2.E, any principal structure with a Place of Worship use categorization may be used as a temporary emergency shelter if any of the following conditions exist:

1.
The Mayor of the City of Des Moines, the Iowa Governor, or the United States President or any other person possessing and exercising necessary authority issues an Emergency Declaration for the area containing the structure;
2.
The wind chill factor as measured at the Des Moines International Airport is: less than 10 degrees Fahrenheit (-12.2222 degrees Celsius) for three or more consecutive days; less than 5 degrees Fahrenheit (-15 degrees Celsius) for two or more consecutive days; or less than 0 degrees Fahrenheit (-17.7778 degrees Celsius) for one or more days; or
3.
The heat index as measured at the Des Moines International Airport is greater than 95 degrees Fahrenheit (35 degrees Celsius) and/or 2 consecutive days in which the heat index does not fall below 75 degrees (23.8889 degrees Celsius) at night.

B.
Whenever a temporary emergency use is authorized under subsection A, above, the use may continue so long as the qualifying condition continues.
C.
Whenever a temporary emergency use is authorized under subsection A, above, the use is not required to request or receive approval under section 134-3.10.2.A.
D.
The neighborhood services director or their designee is authorized to direct the termination of any temporary emergency shelter use under this section if such use presents an imminent threat to the health, safety, or welfare of the structure being used or the occupants thereof, any neighboring persons or property, or the general public.
E.
The neighborhood services director may impose any conditions on such temporary emergency shelter use they deem necessary to mitigate potential adverse impacts or protect the health, safety, and welfare of occupants, structures, or the general public.

D.
Authorization to conduct more than two garage sales in any calendar year requires review and approval with conditional use procedures of section 134-6.4 of this chapter.
E.
Any other type of sale, or any similar sales in excess of the annual number allowed by this section, on lots occupied by household unit(s) shall constitute a commercial use not permitted in a residential zoning district.

3.10.6 CAMPING^♦

Subject to the approval process set forth in this Article, camping is allowed as a temporary accessory use on lots occupied by any principal Place of Worship use.

A.
Sanitation, including, but not limited to: trash removal; toilets; shower, hand-washing, or other hygiene facilities; and recycling or garbage facilities;
B.
Areas where tents may be set up and space requirements for each tent;
C.
Size limitations for tents or occupancy limits for each tent;
D.
How long the temporary camping use may be permitted;

3.10.7 EMERGENCY SHELTER - PLACE OF WORSHIP^♦

A.
Notwithstanding any other provision of this code to the contrary, including specifically section 134-3.3.2.E, any principal structure with a Place of Worship use categorization may be used as a temporary emergency shelter if any of the following conditions exist:

1.
The Mayor of the City of Des Moines, the Iowa Governor, or the United States President or any other person possessing and exercising necessary authority issues an Emergency Declaration for the area containing the structure;
2.
The wind chill factor as measured at the Des Moines International Airport is: less than 10 degrees Fahrenheit (-12.2222 degrees Celsius) for three or more consecutive days; less than 5 degrees Fahrenheit (-15 degrees Celsius) for two or more consecutive days; or less than 0 degrees Fahrenheit (-17.7778 degrees Celsius) for one or more days; or
3.
The heat index as measured at the Des Moines International Airport is greater than 95 degrees Fahrenheit (35 degrees Celsius) and/or 2 consecutive days in which the heat index does not fall below 75 degrees (23.8889 degrees Celsius) at night.

B.
Whenever a temporary emergency use is authorized under subsection A, above, the use may continue so long as the qualifying condition continues.
C.
Whenever a temporary emergency use is authorized under subsection A, above, the use is not required to request or receive approval under section 134-3.10.2.A.
D.
The neighborhood services director or their designee is authorized to direct the termination of any temporary emergency shelter use under this section if such use presents an imminent threat to the health, safety, or welfare of the structure being used or the occupants thereof, any neighboring persons or property, or the general public.
E.
The neighborhood services director may impose any conditions on such temporary emergency shelter use they deem necessary to mitigate potential adverse impacts or protect the health, safety, and welfare of occupants, structures, or the general public.

D.
Authorization to conduct more than two garage sales in any calendar year requires review and approval with conditional use procedures of section 134-6.4 of this chapter.
E.
Any other type of sale, or any similar sales in excess of the annual number allowed by this section, on lots occupied by household unit(s) shall constitute a commercial use not permitted in a residential zoning district.

3.10.6 CAMPING^♦

Subject to the approval process set forth in this Article, camping is allowed as a temporary accessory use on lots occupied by any principal Place of Worship use.

A.
Sanitation, including, but not limited to: trash removal; toilets; shower, hand-washing, or other hygiene facilities; and recycling or garbage facilities;
B.
Areas where tents may be set up and space requirements for each tent;
C.
Size limitations for tents or occupancy limits for each tent;
D.
How long the temporary camping use may be permitted;

3.10.7 EMERGENCY SHELTER - PLACE OF WORSHIP^♦

A.
Notwithstanding any other provision of this code to the contrary, including specifically section 134-3.3.2.E, any principal structure with a Place of Worship use categorization may be used as a temporary emergency shelter if any of the following conditions exist:

1.
The Mayor of the City of Des Moines, the Iowa Governor, or the United States President or any other person possessing and exercising necessary authority issues an Emergency Declaration for the area containing the structure;
2.
The wind chill factor as measured at the Des Moines International Airport is: less than 10 degrees Fahrenheit (-12.2222 degrees Celsius) for three or more consecutive days; less than 5 degrees Fahrenheit (-15 degrees Celsius) for two or more consecutive days; or less than 0 degrees Fahrenheit (-17.7778 degrees Celsius) for one or more days; or
3.
The heat index as measured at the Des Moines International Airport is greater than 95 degrees Fahrenheit (35 degrees Celsius) and/or 2 consecutive days in which the heat index does not fall below 75 degrees (23.8889 degrees Celsius) at night.

B.
Whenever a temporary emergency use is authorized under subsection A, above, the use may continue so long as the qualifying condition continues.
C.
Whenever a temporary emergency use is authorized under subsection A, above, the use is not required to request or receive approval under section 134-3.10.2.A.
D.
The neighborhood services director or their designee is authorized to direct the termination of any temporary emergency shelter use under this section if such use presents an imminent threat to the health, safety, or welfare of the structure being used or the occupants thereof, any neighboring persons or property, or the general public.
E.
The neighborhood services director may impose any conditions on such temporary emergency shelter use they deem necessary to mitigate potential adverse impacts or protect the health, safety, and welfare of occupants, structures, or the general public.

D.
Authorization to conduct more than two garage sales in any calendar year requires review and approval with conditional use procedures of section 134-6.4 of this chapter.
E.
Any other type of sale, or any similar sales in excess of the annual number allowed by this section, on lots occupied by household unit(s) shall constitute a commercial use not permitted in a residential zoning district.

3.10.6 CAMPING^♦

Subject to the approval process set forth in this Article, camping is allowed as a temporary accessory use on lots occupied by any principal Place of Worship use.

A.
Sanitation, including, but not limited to: trash removal; toilets; shower, hand-washing, or other hygiene facilities; and recycling or garbage facilities;
B.
Areas where tents may be set up and space requirements for each tent;
C.
Size limitations for tents or occupancy limits for each tent;
D.
How long the temporary camping use may be permitted;

3.10.7 EMERGENCY SHELTER - PLACE OF WORSHIP^♦

A.
Notwithstanding any other provision of this code to the contrary, including specifically section 134-3.3.2.E, any principal structure with a Place of Worship use categorization may be used as a temporary emergency shelter if any of the following conditions exist:

1.
The Mayor of the City of Des Moines, the Iowa Governor, or the United States President or any other person possessing and exercising necessary authority issues an Emergency Declaration for the area containing the structure;
2.
The wind chill factor as measured at the Des Moines International Airport is: less than 10 degrees Fahrenheit (-12.2222 degrees Celsius) for three or more consecutive days; less than 5 degrees Fahrenheit (-15 degrees Celsius) for two or more consecutive days; or less than 0 degrees Fahrenheit (-17.7778 degrees Celsius) for one or more days; or
3.
The heat index as measured at the Des Moines International Airport is greater than 95 degrees Fahrenheit (35 degrees Celsius) and/or 2 consecutive days in which the heat index does not fall below 75 degrees (23.8889 degrees Celsius) at night.

B.
Whenever a temporary emergency use is authorized under subsection A, above, the use may continue so long as the qualifying condition continues.
C.
Whenever a temporary emergency use is authorized under subsection A, above, the use is not required to request or receive approval under section 134-3.10.2.A.
D.
The neighborhood services director or their designee is authorized to direct the termination of any temporary emergency shelter use under this section if such use presents an imminent threat to the health, safety, or welfare of the structure being used or the occupants thereof, any neighboring persons or property, or the general public.
E.
The neighborhood services director may impose any conditions on such temporary emergency shelter use they deem necessary to mitigate potential adverse impacts or protect the health, safety, and welfare of occupants, structures, or the general public.

134-3. USES

Amending Ordinances

Text Reference
Amended paragraphs within the text are identified with a diamond symbol ^♦
Ordinance Number	Amended Paragraphs
15,844	134-3.5.13.C, 134-3.5.17.A, 134-3.8.3 (Repealed), Table 134-3.1-1 Lodging, Table 134-3.9-1
15,865	Table 134-3.9-1
16,025	134-3.1.2.B, Table 134-3.1-1 Bail Bonds, Table 134-3.1-1 Delayed Deposit Services, Table 134-3.1-1 Pawnbroker, Table 134-3.1-1 Indoor, Table 134-3.1-1 Outdoor, Table 134-3.1-1 Key, Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households, Table 134-3.1-1 Consumer Maintenance and Repair, Table 134-3.1-1 Restaurant, Table 134-3.1-1 Bar, Table 134-3.1-1 Limited, Table 134-3.1-1 General, Table 134-3.1-1 Large-Format, Table 134-3.1-1 Liquor Store, Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Lodging, 134-3.1.2.G, 134-3.3.2.F, 134-3.5.2, 134-3.5.3.A, 134-3.5.10.A, 134-3.5.10.B, 134-3.5.11.D, 134-3.5.13.C (Repealed), 134-3.5.15, 134-3.5.16.D, 134-3.5.16.E, 134-3.6.1.A, 134-3.6.3.E, 134-3.6.4.A, 134-3.6.4.B.4, 134-3.6.4.B.7, 134-3.8, 134-3.8.1, 134-3.9.1.B.4, 134-3.9.1.B.5, 134-3.9.3.C, 134-3.9.4.B.1, 134-3.9.4.E.1, 134-3.9.4.F.1, 134-3.9.4.F.1.d, 134-3.9.4.G.1, 134-3.9.5.B.2, 134-3.9.8, 134-3.9.9.A, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.D, 134-3.9.9.D.3, 134-3.9.10, Table 134-3.9-1, 134-3.10, 134-3.10.5, 134-3.10.5.C
16,044	134-3.5.17, 134-3.9.6, 134-3.9.6.A
16,125	134-3.9.2
16,227	134-3.6.3.A, 134-3.6.3.E.5 (Repealed), 134-3.9.6.A, 134-3.9.6.B, 134-3.9.6.C (Repealed), 134-3.9.6.D (Repealed)
16,273	Table 134-3.1-1 Consumer Fireworks Sales, Table 134-3.1-1 Key, 134-3.8.1.B, Table 134-3.9-1 Limited, Table 134-3.9-1 Fuel Station
16,345	Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households
16,398	Table 134-3.1.1 Data Center, Table 134-3.1.1 Day Care, Table 134-3.1.1 Day Services, Adult, Table 134-3.1.1 Medical, Table 134-3.1.1 Parking Structure, Table 134-3.1.1 Agricultural, Table 134-3.1-1 Key, 134-3.5.7, 134-3.7.1, 134-3.7.2, 134-3.7.3, 134-3.7.4, 134-3.7.5, 134-3.9.4.B.3 (Repealed), 134-3.9.4.B.7 (Repealed), 134-3.9.4.D, 134-3.9.4.D.1, 134-3.9.4.D.2, 134-3.9.4.E.2.d, 134-3.9.4.F.2.d, 134-3.9.4.G.7, 134-3.9.9.C.3.c (Repealed)
16,461	Table 134-3.1-1 Other group living uses, Table 134-3.1-1 Storage, Distribution and Wholesaling (Wholesale sales and distribution repealed), Table 134-3.1-1 Trucking & Transportation Terminal, Minor, Table 134-3.1-1 Trucking & Transportation Terminal, Major, 134-3.3.2.F, 134-3.6.2, 134-3.6.2.A, 134-3.6.2.B, 134-3.6.3.B, 134-3.6.3.C, 134-3.6.3.D, 134-3.9.6
16,469	134-3.10.6, 134-3.10.7
16,510	Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Key, 134-3.5.16.D and E (Repealed), 134-3.9.2, 134-3.9.2.A, 134-3.9.2.B, 134-3.9.2.C, 134-3.9.2.D, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.C.2, 134-3.9.9.C.3, 134-3.9.9.C.5 (Repealed), 134-3.9.9.D.1, 134-3.9.9.D.2, 134-3.9.9.D.3, 134-3.9.9.F (Repealed), 134-3.9.9.F.1, 134-3.9.9.F.2, 134-3.9.9.F.3, Table 134-3.9-1 Alcoholic Liquor, Wine and Beer Sales - Tobacco Store (Repealed), Table 134-3.9-1 Table Notes

Text Reference
Amended paragraphs within the text are identified with a diamond symbol ^♦
Ordinance Number	Amended Paragraphs
15,844	134-3.5.13.C, 134-3.5.17.A, 134-3.8.3 (Repealed), Table 134-3.1-1 Lodging, Table 134-3.9-1
15,865	Table 134-3.9-1
16,025	134-3.1.2.B, Table 134-3.1-1 Bail Bonds, Table 134-3.1-1 Delayed Deposit Services, Table 134-3.1-1 Pawnbroker, Table 134-3.1-1 Indoor, Table 134-3.1-1 Outdoor, Table 134-3.1-1 Key, Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households, Table 134-3.1-1 Consumer Maintenance and Repair, Table 134-3.1-1 Restaurant, Table 134-3.1-1 Bar, Table 134-3.1-1 Limited, Table 134-3.1-1 General, Table 134-3.1-1 Large-Format, Table 134-3.1-1 Liquor Store, Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Lodging, 134-3.1.2.G, 134-3.3.2.F, 134-3.5.2, 134-3.5.3.A, 134-3.5.10.A, 134-3.5.10.B, 134-3.5.11.D, 134-3.5.13.C (Repealed), 134-3.5.15, 134-3.5.16.D, 134-3.5.16.E, 134-3.6.1.A, 134-3.6.3.E, 134-3.6.4.A, 134-3.6.4.B.4, 134-3.6.4.B.7, 134-3.8, 134-3.8.1, 134-3.9.1.B.4, 134-3.9.1.B.5, 134-3.9.3.C, 134-3.9.4.B.1, 134-3.9.4.E.1, 134-3.9.4.F.1, 134-3.9.4.F.1.d, 134-3.9.4.G.1, 134-3.9.5.B.2, 134-3.9.8, 134-3.9.9.A, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.D, 134-3.9.9.D.3, 134-3.9.10, Table 134-3.9-1, 134-3.10, 134-3.10.5, 134-3.10.5.C
16,044	134-3.5.17, 134-3.9.6, 134-3.9.6.A
16,125	134-3.9.2
16,227	134-3.6.3.A, 134-3.6.3.E.5 (Repealed), 134-3.9.6.A, 134-3.9.6.B, 134-3.9.6.C (Repealed), 134-3.9.6.D (Repealed)
16,273	Table 134-3.1-1 Consumer Fireworks Sales, Table 134-3.1-1 Key, 134-3.8.1.B, Table 134-3.9-1 Limited, Table 134-3.9-1 Fuel Station
16,345	Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households
16,398	Table 134-3.1.1 Data Center, Table 134-3.1.1 Day Care, Table 134-3.1.1 Day Services, Adult, Table 134-3.1.1 Medical, Table 134-3.1.1 Parking Structure, Table 134-3.1.1 Agricultural, Table 134-3.1-1 Key, 134-3.5.7, 134-3.7.1, 134-3.7.2, 134-3.7.3, 134-3.7.4, 134-3.7.5, 134-3.9.4.B.3 (Repealed), 134-3.9.4.B.7 (Repealed), 134-3.9.4.D, 134-3.9.4.D.1, 134-3.9.4.D.2, 134-3.9.4.E.2.d, 134-3.9.4.F.2.d, 134-3.9.4.G.7, 134-3.9.9.C.3.c (Repealed)
16,461	Table 134-3.1-1 Other group living uses, Table 134-3.1-1 Storage, Distribution and Wholesaling (Wholesale sales and distribution repealed), Table 134-3.1-1 Trucking & Transportation Terminal, Minor, Table 134-3.1-1 Trucking & Transportation Terminal, Major, 134-3.3.2.F, 134-3.6.2, 134-3.6.2.A, 134-3.6.2.B, 134-3.6.3.B, 134-3.6.3.C, 134-3.6.3.D, 134-3.9.6
16,469	134-3.10.6, 134-3.10.7
16,510	Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Key, 134-3.5.16.D and E (Repealed), 134-3.9.2, 134-3.9.2.A, 134-3.9.2.B, 134-3.9.2.C, 134-3.9.2.D, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.C.2, 134-3.9.9.C.3, 134-3.9.9.C.5 (Repealed), 134-3.9.9.D.1, 134-3.9.9.D.2, 134-3.9.9.D.3, 134-3.9.9.F (Repealed), 134-3.9.9.F.1, 134-3.9.9.F.2, 134-3.9.9.F.3, Table 134-3.9-1 Alcoholic Liquor, Wine and Beer Sales - Tobacco Store (Repealed), Table 134-3.9-1 Table Notes

Text Reference
Amended paragraphs within the text are identified with a diamond symbol ^♦
Ordinance Number	Amended Paragraphs
15,844	134-3.5.13.C, 134-3.5.17.A, 134-3.8.3 (Repealed), Table 134-3.1-1 Lodging, Table 134-3.9-1
15,865	Table 134-3.9-1
16,025	134-3.1.2.B, Table 134-3.1-1 Bail Bonds, Table 134-3.1-1 Delayed Deposit Services, Table 134-3.1-1 Pawnbroker, Table 134-3.1-1 Indoor, Table 134-3.1-1 Outdoor, Table 134-3.1-1 Key, Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households, Table 134-3.1-1 Consumer Maintenance and Repair, Table 134-3.1-1 Restaurant, Table 134-3.1-1 Bar, Table 134-3.1-1 Limited, Table 134-3.1-1 General, Table 134-3.1-1 Large-Format, Table 134-3.1-1 Liquor Store, Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Lodging, 134-3.1.2.G, 134-3.3.2.F, 134-3.5.2, 134-3.5.3.A, 134-3.5.10.A, 134-3.5.10.B, 134-3.5.11.D, 134-3.5.13.C (Repealed), 134-3.5.15, 134-3.5.16.D, 134-3.5.16.E, 134-3.6.1.A, 134-3.6.3.E, 134-3.6.4.A, 134-3.6.4.B.4, 134-3.6.4.B.7, 134-3.8, 134-3.8.1, 134-3.9.1.B.4, 134-3.9.1.B.5, 134-3.9.3.C, 134-3.9.4.B.1, 134-3.9.4.E.1, 134-3.9.4.F.1, 134-3.9.4.F.1.d, 134-3.9.4.G.1, 134-3.9.5.B.2, 134-3.9.8, 134-3.9.9.A, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.D, 134-3.9.9.D.3, 134-3.9.10, Table 134-3.9-1, 134-3.10, 134-3.10.5, 134-3.10.5.C
16,044	134-3.5.17, 134-3.9.6, 134-3.9.6.A
16,125	134-3.9.2
16,227	134-3.6.3.A, 134-3.6.3.E.5 (Repealed), 134-3.9.6.A, 134-3.9.6.B, 134-3.9.6.C (Repealed), 134-3.9.6.D (Repealed)
16,273	Table 134-3.1-1 Consumer Fireworks Sales, Table 134-3.1-1 Key, 134-3.8.1.B, Table 134-3.9-1 Limited, Table 134-3.9-1 Fuel Station
16,345	Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households
16,398	Table 134-3.1.1 Data Center, Table 134-3.1.1 Day Care, Table 134-3.1.1 Day Services, Adult, Table 134-3.1.1 Medical, Table 134-3.1.1 Parking Structure, Table 134-3.1.1 Agricultural, Table 134-3.1-1 Key, 134-3.5.7, 134-3.7.1, 134-3.7.2, 134-3.7.3, 134-3.7.4, 134-3.7.5, 134-3.9.4.B.3 (Repealed), 134-3.9.4.B.7 (Repealed), 134-3.9.4.D, 134-3.9.4.D.1, 134-3.9.4.D.2, 134-3.9.4.E.2.d, 134-3.9.4.F.2.d, 134-3.9.4.G.7, 134-3.9.9.C.3.c (Repealed)
16,461	Table 134-3.1-1 Other group living uses, Table 134-3.1-1 Storage, Distribution and Wholesaling (Wholesale sales and distribution repealed), Table 134-3.1-1 Trucking & Transportation Terminal, Minor, Table 134-3.1-1 Trucking & Transportation Terminal, Major, 134-3.3.2.F, 134-3.6.2, 134-3.6.2.A, 134-3.6.2.B, 134-3.6.3.B, 134-3.6.3.C, 134-3.6.3.D, 134-3.9.6
16,469	134-3.10.6, 134-3.10.7
16,510	Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Key, 134-3.5.16.D and E (Repealed), 134-3.9.2, 134-3.9.2.A, 134-3.9.2.B, 134-3.9.2.C, 134-3.9.2.D, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.C.2, 134-3.9.9.C.3, 134-3.9.9.C.5 (Repealed), 134-3.9.9.D.1, 134-3.9.9.D.2, 134-3.9.9.D.3, 134-3.9.9.F (Repealed), 134-3.9.9.F.1, 134-3.9.9.F.2, 134-3.9.9.F.3, Table 134-3.9-1 Alcoholic Liquor, Wine and Beer Sales - Tobacco Store (Repealed), Table 134-3.9-1 Table Notes

Text Reference
Amended paragraphs within the text are identified with a diamond symbol ^♦
Ordinance Number	Amended Paragraphs
15,844	134-3.5.13.C, 134-3.5.17.A, 134-3.8.3 (Repealed), Table 134-3.1-1 Lodging, Table 134-3.9-1
15,865	Table 134-3.9-1
16,025	134-3.1.2.B, Table 134-3.1-1 Bail Bonds, Table 134-3.1-1 Delayed Deposit Services, Table 134-3.1-1 Pawnbroker, Table 134-3.1-1 Indoor, Table 134-3.1-1 Outdoor, Table 134-3.1-1 Key, Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households, Table 134-3.1-1 Consumer Maintenance and Repair, Table 134-3.1-1 Restaurant, Table 134-3.1-1 Bar, Table 134-3.1-1 Limited, Table 134-3.1-1 General, Table 134-3.1-1 Large-Format, Table 134-3.1-1 Liquor Store, Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Lodging, 134-3.1.2.G, 134-3.3.2.F, 134-3.5.2, 134-3.5.3.A, 134-3.5.10.A, 134-3.5.10.B, 134-3.5.11.D, 134-3.5.13.C (Repealed), 134-3.5.15, 134-3.5.16.D, 134-3.5.16.E, 134-3.6.1.A, 134-3.6.3.E, 134-3.6.4.A, 134-3.6.4.B.4, 134-3.6.4.B.7, 134-3.8, 134-3.8.1, 134-3.9.1.B.4, 134-3.9.1.B.5, 134-3.9.3.C, 134-3.9.4.B.1, 134-3.9.4.E.1, 134-3.9.4.F.1, 134-3.9.4.F.1.d, 134-3.9.4.G.1, 134-3.9.5.B.2, 134-3.9.8, 134-3.9.9.A, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.D, 134-3.9.9.D.3, 134-3.9.10, Table 134-3.9-1, 134-3.10, 134-3.10.5, 134-3.10.5.C
16,044	134-3.5.17, 134-3.9.6, 134-3.9.6.A
16,125	134-3.9.2
16,227	134-3.6.3.A, 134-3.6.3.E.5 (Repealed), 134-3.9.6.A, 134-3.9.6.B, 134-3.9.6.C (Repealed), 134-3.9.6.D (Repealed)
16,273	Table 134-3.1-1 Consumer Fireworks Sales, Table 134-3.1-1 Key, 134-3.8.1.B, Table 134-3.9-1 Limited, Table 134-3.9-1 Fuel Station
16,345	Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households
16,398	Table 134-3.1.1 Data Center, Table 134-3.1.1 Day Care, Table 134-3.1.1 Day Services, Adult, Table 134-3.1.1 Medical, Table 134-3.1.1 Parking Structure, Table 134-3.1.1 Agricultural, Table 134-3.1-1 Key, 134-3.5.7, 134-3.7.1, 134-3.7.2, 134-3.7.3, 134-3.7.4, 134-3.7.5, 134-3.9.4.B.3 (Repealed), 134-3.9.4.B.7 (Repealed), 134-3.9.4.D, 134-3.9.4.D.1, 134-3.9.4.D.2, 134-3.9.4.E.2.d, 134-3.9.4.F.2.d, 134-3.9.4.G.7, 134-3.9.9.C.3.c (Repealed)
16,461	Table 134-3.1-1 Other group living uses, Table 134-3.1-1 Storage, Distribution and Wholesaling (Wholesale sales and distribution repealed), Table 134-3.1-1 Trucking & Transportation Terminal, Minor, Table 134-3.1-1 Trucking & Transportation Terminal, Major, 134-3.3.2.F, 134-3.6.2, 134-3.6.2.A, 134-3.6.2.B, 134-3.6.3.B, 134-3.6.3.C, 134-3.6.3.D, 134-3.9.6
16,469	134-3.10.6, 134-3.10.7
16,510	Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Key, 134-3.5.16.D and E (Repealed), 134-3.9.2, 134-3.9.2.A, 134-3.9.2.B, 134-3.9.2.C, 134-3.9.2.D, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.C.2, 134-3.9.9.C.3, 134-3.9.9.C.5 (Repealed), 134-3.9.9.D.1, 134-3.9.9.D.2, 134-3.9.9.D.3, 134-3.9.9.F (Repealed), 134-3.9.9.F.1, 134-3.9.9.F.2, 134-3.9.9.F.3, Table 134-3.9-1 Alcoholic Liquor, Wine and Beer Sales - Tobacco Store (Repealed), Table 134-3.9-1 Table Notes

(Ord. 15,844, effective 12/16/2019; Ord. 15,865, effective 02/28/2020; Ord. 16,025, effective 07/16/2021; Ord. 16,044, effective 10/01/2021; Ord. 16,125, effective 05/27/2022; Ord. 16,227, effective 03/24/2023; Ord. 16,273, effective 08/25/2023; Ord. 16,345, effective 04/05/2024; Ord. 16,398, effective 11/08/2024; Ord. 16,461, effective 05/23/2025; Ord. 16,469, effective 06/06/2025; Ord. 16,510, effective 11/07/2025)

Des Moines City Zoning Code

ARTICLE 3

Uses

Contents (continued):

134-3.7.2 GREENHOUSES, NURSERY, ORCHARD OR TRUCK FARM

134-3.7.3 ROW CROP PRODUCTION

134-3.7.4 URBAN GARDEN

134-3.7.5 URBAN FARM

134-3.8 Other Use Category

134-3.8.1 CONSUMER FIREWORKS SALES

134-3.9 Accessory Uses

134-3.9.1 GENERALLY APPLICABLE REGULATIONS

134-3.9.2 ACCESSORY DWELLING UNITS (ADU)

134-3.9.3 DRIVE-IN AND DRIVE-THROUGH USES

134-3.9.4 HOME OCCUPATIONS

134-3.9.5 OUTDOOR DINING AND DISPLAY

134-3.9.6 OUTDOOR STORAGE

134-3.9.7 RESIDENTIAL SUPPORT SERVICE

134-3.9.8 BOARDING AND ROOMING UNITS

134-3.9.9 LIQUOR, WINE, AND BEER SALES

134-3.9.10 ACCESSORY OFF-SITE PARKING USE

Table 134-3.9-1 ALCOHOLIC LIQUOR, WINE AND BEER SALES

134-3.10 Temporary Uses

134-3.10.1 DESCRIPTION AND PURPOSE

134-3.10.2 AUTHORITY TO APPROVE

134-3.10.3 GENERAL PROCEDURE

134-3.10.4 AUTHORIZED USES

134-3.10.5 GARAGE SALES

134-3.10.6 CAMPING

134-3.10.7 EMERGENCY SHELTER - PLACE OF WORSHIP

Contents (continued):

134-3.7.2 GREENHOUSES, NURSERY, ORCHARD OR TRUCK FARM

134-3.7.3 ROW CROP PRODUCTION

134-3.7.4 URBAN GARDEN

134-3.7.5 URBAN FARM

134-3.8 Other Use Category

134-3.8.1 CONSUMER FIREWORKS SALES

134-3.9 Accessory Uses

134-3.9.1 GENERALLY APPLICABLE REGULATIONS

134-3.9.2 ACCESSORY DWELLING UNITS (ADU)

134-3.9.3 DRIVE-IN AND DRIVE-THROUGH USES

134-3.9.4 HOME OCCUPATIONS

134-3.9.5 OUTDOOR DINING AND DISPLAY

134-3.9.6 OUTDOOR STORAGE

134-3.9.7 RESIDENTIAL SUPPORT SERVICE

134-3.9.8 BOARDING AND ROOMING UNITS

134-3.9.9 LIQUOR, WINE, AND BEER SALES

134-3.9.10 ACCESSORY OFF-SITE PARKING USE

Table 134-3.9-1 ALCOHOLIC LIQUOR, WINE AND BEER SALES

134-3.10 Temporary Uses

134-3.10.1 DESCRIPTION AND PURPOSE

134-3.10.2 AUTHORITY TO APPROVE

134-3.10.3 GENERAL PROCEDURE

134-3.10.4 AUTHORIZED USES

134-3.10.5 GARAGE SALES

134-3.10.6 CAMPING

134-3.10.7 EMERGENCY SHELTER - PLACE OF WORSHIP

Contents (continued):

134-3.7.2 GREENHOUSES, NURSERY, ORCHARD OR TRUCK FARM

134-3.7.3 ROW CROP PRODUCTION

134-3.7.4 URBAN GARDEN

134-3.7.5 URBAN FARM

134-3.8 Other Use Category

134-3.8.1 CONSUMER FIREWORKS SALES

134-3.9 Accessory Uses

134-3.9.1 GENERALLY APPLICABLE REGULATIONS

134-3.9.2 ACCESSORY DWELLING UNITS (ADU)

134-3.9.3 DRIVE-IN AND DRIVE-THROUGH USES

134-3.9.4 HOME OCCUPATIONS

134-3.9.5 OUTDOOR DINING AND DISPLAY

134-3.9.6 OUTDOOR STORAGE

134-3.9.7 RESIDENTIAL SUPPORT SERVICE

134-3.9.8 BOARDING AND ROOMING UNITS

134-3.9.9 LIQUOR, WINE, AND BEER SALES

134-3.9.10 ACCESSORY OFF-SITE PARKING USE

Table 134-3.9-1 ALCOHOLIC LIQUOR, WINE AND BEER SALES

134-3.10 Temporary Uses

134-3.10.1 DESCRIPTION AND PURPOSE

134-3.10.2 AUTHORITY TO APPROVE

134-3.10.3 GENERAL PROCEDURE

134-3.10.4 AUTHORIZED USES

134-3.10.5 GARAGE SALES

134-3.10.6 CAMPING

134-3.10.7 EMERGENCY SHELTER - PLACE OF WORSHIP

Contents (continued):

134-3.7.2 GREENHOUSES, NURSERY, ORCHARD OR TRUCK FARM

134-3.7.3 ROW CROP PRODUCTION

134-3.7.4 URBAN GARDEN

134-3.7.5 URBAN FARM

134-3.8 Other Use Category

134-3.8.1 CONSUMER FIREWORKS SALES

134-3.9 Accessory Uses

134-3.9.1 GENERALLY APPLICABLE REGULATIONS

134-3.9.2 ACCESSORY DWELLING UNITS (ADU)

134-3.9.3 DRIVE-IN AND DRIVE-THROUGH USES

134-3.9.4 HOME OCCUPATIONS

134-3.9.5 OUTDOOR DINING AND DISPLAY

134-3.9.6 OUTDOOR STORAGE

134-3.9.7 RESIDENTIAL SUPPORT SERVICE

134-3.9.8 BOARDING AND ROOMING UNITS

134-3.9.9 LIQUOR, WINE, AND BEER SALES

134-3.9.10 ACCESSORY OFF-SITE PARKING USE

Table 134-3.9-1 ALCOHOLIC LIQUOR, WINE AND BEER SALES

134-3.10 Temporary Uses

134-3.10.1 DESCRIPTION AND PURPOSE

134-3.10.2 AUTHORITY TO APPROVE

134-3.10.3 GENERAL PROCEDURE

134-3.10.4 AUTHORIZED USES

134-3.10.5 GARAGE SALES

134-3.10.6 CAMPING

134-3.10.7 EMERGENCY SHELTER - PLACE OF WORSHIP

134-3. USES

Principal Uses

134-3.1 Principal Uses

3.1.1 TABLE OF ALLOWED USES

Principal uses are allowed in accordance with Table 134-3.1-1 of this article.

3.1.2 INTERPRETING THE USE TABLE

A.
Use Classification System. Uses are listed in the first column of Table 134-3.1-1 of this article. This zoning ordinance classifies uses into categories and subcategories, which are defined in section 134-3.2 of this article. In some cases, specific use types are listed in addition to the use categories and subcategories. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the applicable use definition and any applicable supplemental use regulations.
B.
Permitted Uses. Uses identified with a ⬤ are permitted as-of-right in the subject zoning district, and uses identified with a ◓ are permitted as-of-right in the subject zoning district on upper floors only within primary frontage and in ground floor within non-primary frontage or corner lot, subject to compliance with any supplemental regulations identified in the final column of Table 134-3.1-1 of this article and with all other applicable regulations of this zoning ordinance.^♦
C.
Conditional Uses. Uses identified with 0 symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of section 134-6.4 of this chapter.
D.
Multiple Units. Uses identified with a “w“ or a “r“ are permitted only in zoning districts with a map symbol (abbreviation) that includes a “-2” or “-4” extension, respectively. An N5-4 district, for example, allows up to four household units per lot.
E.
Prohibited Uses. Uses identified with an “–” are expressly prohibited. Uses that are not listed in the table and that cannot be reasonably interpreted pursuant to section 134-3.2 of this article, to fall within any defined use category or subcategory are also prohibited.

F.
Reference. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the use definition and any applicable supplemental use regulations that apply to the subject use. Unless otherwise expressly stated, compliance with supplemental use regulations is required regardless of whether the use is permitted as-of-right or requires conditional use approval.
G.
Accessory Uses. Accessory uses are not regulated by Table 134-3.1-1 of this article. Customary accessory uses are allowed in conjunction with principal uses permitted by right or by conditional use approval, subject to compliance with all applicable accessory use regulations of section 134-3.9 of this article, and of Table 134-3.9-1 of this article when applicable.^♦
H.
Other Uses. Other uses are identified in Table 134-3.1-1 of this article and are subject to the supplemental regulations of section 134-3.8 of this article.

134-3.1 Principal Uses

3.1.1 TABLE OF ALLOWED USES

Principal uses are allowed in accordance with Table 134-3.1-1 of this article.

3.1.2 INTERPRETING THE USE TABLE

A.
Use Classification System. Uses are listed in the first column of Table 134-3.1-1 of this article. This zoning ordinance classifies uses into categories and subcategories, which are defined in section 134-3.2 of this article. In some cases, specific use types are listed in addition to the use categories and subcategories. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the applicable use definition and any applicable supplemental use regulations.
B.
Permitted Uses. Uses identified with a ⬤ are permitted as-of-right in the subject zoning district, and uses identified with a ◓ are permitted as-of-right in the subject zoning district on upper floors only within primary frontage and in ground floor within non-primary frontage or corner lot, subject to compliance with any supplemental regulations identified in the final column of Table 134-3.1-1 of this article and with all other applicable regulations of this zoning ordinance.^♦
C.
Conditional Uses. Uses identified with 0 symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of section 134-6.4 of this chapter.
D.
Multiple Units. Uses identified with a “w“ or a “r“ are permitted only in zoning districts with a map symbol (abbreviation) that includes a “-2” or “-4” extension, respectively. An N5-4 district, for example, allows up to four household units per lot.
E.
Prohibited Uses. Uses identified with an “–” are expressly prohibited. Uses that are not listed in the table and that cannot be reasonably interpreted pursuant to section 134-3.2 of this article, to fall within any defined use category or subcategory are also prohibited.

F.
Reference. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the use definition and any applicable supplemental use regulations that apply to the subject use. Unless otherwise expressly stated, compliance with supplemental use regulations is required regardless of whether the use is permitted as-of-right or requires conditional use approval.
G.
Accessory Uses. Accessory uses are not regulated by Table 134-3.1-1 of this article. Customary accessory uses are allowed in conjunction with principal uses permitted by right or by conditional use approval, subject to compliance with all applicable accessory use regulations of section 134-3.9 of this article, and of Table 134-3.9-1 of this article when applicable.^♦
H.
Other Uses. Other uses are identified in Table 134-3.1-1 of this article and are subject to the supplemental regulations of section 134-3.8 of this article.

134-3.1 Principal Uses

3.1.1 TABLE OF ALLOWED USES

Principal uses are allowed in accordance with Table 134-3.1-1 of this article.

3.1.2 INTERPRETING THE USE TABLE

A.
Use Classification System. Uses are listed in the first column of Table 134-3.1-1 of this article. This zoning ordinance classifies uses into categories and subcategories, which are defined in section 134-3.2 of this article. In some cases, specific use types are listed in addition to the use categories and subcategories. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the applicable use definition and any applicable supplemental use regulations.
B.
Permitted Uses. Uses identified with a ⬤ are permitted as-of-right in the subject zoning district, and uses identified with a ◓ are permitted as-of-right in the subject zoning district on upper floors only within primary frontage and in ground floor within non-primary frontage or corner lot, subject to compliance with any supplemental regulations identified in the final column of Table 134-3.1-1 of this article and with all other applicable regulations of this zoning ordinance.^♦
C.
Conditional Uses. Uses identified with 0 symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of section 134-6.4 of this chapter.
D.
Multiple Units. Uses identified with a “w“ or a “r“ are permitted only in zoning districts with a map symbol (abbreviation) that includes a “-2” or “-4” extension, respectively. An N5-4 district, for example, allows up to four household units per lot.
E.
Prohibited Uses. Uses identified with an “–” are expressly prohibited. Uses that are not listed in the table and that cannot be reasonably interpreted pursuant to section 134-3.2 of this article, to fall within any defined use category or subcategory are also prohibited.

F.
Reference. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the use definition and any applicable supplemental use regulations that apply to the subject use. Unless otherwise expressly stated, compliance with supplemental use regulations is required regardless of whether the use is permitted as-of-right or requires conditional use approval.
G.
Accessory Uses. Accessory uses are not regulated by Table 134-3.1-1 of this article. Customary accessory uses are allowed in conjunction with principal uses permitted by right or by conditional use approval, subject to compliance with all applicable accessory use regulations of section 134-3.9 of this article, and of Table 134-3.9-1 of this article when applicable.^♦
H.
Other Uses. Other uses are identified in Table 134-3.1-1 of this article and are subject to the supplemental regulations of section 134-3.8 of this article.

134-3.1 Principal Uses

3.1.1 TABLE OF ALLOWED USES

Principal uses are allowed in accordance with Table 134-3.1-1 of this article.

3.1.2 INTERPRETING THE USE TABLE

A.
Use Classification System. Uses are listed in the first column of Table 134-3.1-1 of this article. This zoning ordinance classifies uses into categories and subcategories, which are defined in section 134-3.2 of this article. In some cases, specific use types are listed in addition to the use categories and subcategories. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the applicable use definition and any applicable supplemental use regulations.
B.
Permitted Uses. Uses identified with a ⬤ are permitted as-of-right in the subject zoning district, and uses identified with a ◓ are permitted as-of-right in the subject zoning district on upper floors only within primary frontage and in ground floor within non-primary frontage or corner lot, subject to compliance with any supplemental regulations identified in the final column of Table 134-3.1-1 of this article and with all other applicable regulations of this zoning ordinance.^♦
C.
Conditional Uses. Uses identified with 0 symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of section 134-6.4 of this chapter.
D.
Multiple Units. Uses identified with a “w“ or a “r“ are permitted only in zoning districts with a map symbol (abbreviation) that includes a “-2” or “-4” extension, respectively. An N5-4 district, for example, allows up to four household units per lot.
E.
Prohibited Uses. Uses identified with an “–” are expressly prohibited. Uses that are not listed in the table and that cannot be reasonably interpreted pursuant to section 134-3.2 of this article, to fall within any defined use category or subcategory are also prohibited.

F.
Reference. The final “Reference” column of Table 134-3.1-1 of this article includes a cross-reference to the use definition and any applicable supplemental use regulations that apply to the subject use. Unless otherwise expressly stated, compliance with supplemental use regulations is required regardless of whether the use is permitted as-of-right or requires conditional use approval.
G.
Accessory Uses. Accessory uses are not regulated by Table 134-3.1-1 of this article. Customary accessory uses are allowed in conjunction with principal uses permitted by right or by conditional use approval, subject to compliance with all applicable accessory use regulations of section 134-3.9 of this article, and of Table 134-3.9-1 of this article when applicable.^♦
H.
Other Uses. Other uses are identified in Table 134-3.1-1 of this article and are subject to the supplemental regulations of section 134-3.8 of this article.

134-3. USES

Principal Uses

TABLE 134-3.1-1. PRINCIPAL USE TABLE
USE CATEGORY	DISTRICTS																					Reference
Use Subcategory	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
Specific Use Type	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
RESIDENTIAL
Household Living
1 household (per lot)											–	–	–						–	–	–	134-3.3.1
2 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
3 to 4 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
5 to 8 households (per lot)^♦	–										–	–	–	–				–	–	–	–	134-3.3.1
9 or more households (per lot)^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.1
Mobile home park	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	134-3.3.1
Group Living
Assisted living facility	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Correctional placement residence	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Family home											–	–	–						–	–	–	134-3.3.2
Home and community-based services waiver recipient residence											–	–	–					–	–	–	–	134-3.3.2
Shelter, temporary	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Other group living uses^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.2
PUBLIC, CIVIC AND INSTITUTIONAL
Airport	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–			134-3.4.1
Assembly
Place of Worship	–											–	–	–	–			–	–		–	134-3.4.2
Place of Assembly	–											–	–	–	–			–	–		–	134-3.4.2
Cemetery
City-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	134-3.4.3
Non-city-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.3
College or University	–				–	–	–					–	–	–	–	–	–	–	–		–	134-3.4.4
Fraternal Organization	–													–	–	–	–	–	–		–	134-3.4.5
Government Administration	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.6
Hospital	–				–	–	–							–	–	–	–	–	–			134-3.4.7
Library or Cultural Exhibit	–													–	–	–	–	–	–		–	134-3.4.8
Public Recreation Areas	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–				134-3.4.9
Postal Service	–													–	–	–	–	–	–		–	134-3.4.10
Safety Service														–	–	–	–	–	–		–	134-3.4.11
School	–													–	–	–	–	–	–		–	134-3.4.12
Utilities
Minor																						134-3.4.13
Major																						134-3.4.13
COMMERCIAL
Adult Entertainment	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.5.1
Animal Service
Boarding		–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.2
Grooming														–	–	–	–	–	–	–	–	134-3.5.2
Stable		–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	134-3.5.2
Veterinary														–	–	–	–	–	–	–	–	134-3.5.2
Assembly and Entertainment
Small	–											–	–	–	–			–	–		–	134-3.5.3
Large	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Events Center	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Broadcast or Recording Studio	–			–	–			–						–	–	–	–	–	–		–	134-3.5.4
Business or Trade School	–													–	–	–	–	–	–	–	–	134-3.5.5
Commercial Service
Consumer Maintenance and Repair^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.6
Personal Service	–											–	–	–	–	–	–	–	–	–	–	134-3.5.6
Studio or Instructional Service	–													–	–	–	–	–	–	–	–	134-3.5.6
Data Center^♦
Minor	–			–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.7
Major	–	–	–	–	–	–	–	–	–	–				–	–	–	–	–	–	–	–	134-3.5.7
Day Care^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.8
Day Services, Adult^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.9
Eating and Drinking Places
Restaurant^♦	–												–	–	–		–	–			–	134-3.5.10
Bar^♦	–				–			–	–				–	–	–	–	–	–			–	134-3.5.10
Financial Service (except as below)	–											–	–	–	–	–	–	–	–	–	–	134-3.5.11
Bail Bonds^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Delayed Deposit Service^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Pawnbroker^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Funeral or Mortuary Service	–	–	–	–	–	–	–		–					–	–	–	–	–	–	–	–	134-3.5.12
Lodging ^♦
Bed & Breakfast											–	–	–					–	–	–	–	134-3.5.13
Hotel/Motel	–				–							–	–	–	–	–	–	–	–	–	–	134-3.5.13
Office
Business or Professional	–													–	–	–	–	–	–		–	134-3.5.14
Medical^♦	–													–	–	–	–	–	–		–	134-3.5.14
Parking, Non-Accessory
Surface Parking Lot	–							–						–	–	–	–	–				134-3.5.15
Parking Structure^♦	–							–						–	–	–	–	–	–		–	134-3.5.15
Retail Sales
Limited^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.16
General^♦	–				–			–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Large-Format^♦	–			–	–	–	–	–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Liquor Store^♦	–	–						–	–					–	–	–	–	–	–	–	–	134-3.5.16
Tobacco Store^♦	–	–	500	500	500	500	500	–	–	500	500	500	500	–	–	–	–	–	–	–	–	134-3.5.16
Self-Service Storage	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.17
Sign, General Advertising	–	–	–	–	–			–	–					–	–	–	–	–	–	–	–	134-3.5.18
Sports & Recreation, Private/Participant
Indoor^♦	–							–	–					–	–	–	–	–			–	134-3.5.19
Outdoor^♦	–	–	–		–	–		–	–					–	–	–	–	–				134-3.5.19
Vehicle Sales and Service
Fuel Station	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Sales	–	–	–	–	–	–		–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Rental	–				–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Minor	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Major	–	–	–	–	–	–	–	–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
INDUSTRIAL
Fabrication and Production
Artisan								–	–					–	–	–	–	–	–	–	–	134-3.6.1
Limited	–	–						–	–					–	–	–	–	–	–	–	–	134-3.6.1
General	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.1
Intensive	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.1
Industrial Service
Light	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.6.2
Intensive	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.2
Storage, Distribution and Wholesaling^♦
Equipment & Material Storage, Outdoor	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Minor^♦	–	–	–	–	–	–		–	–					–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Major^♦	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Warehouse	–	–	–	–	–	–	–	–	–					–	–	–	–	–	–		–	134-3.6.3
Junk or Salvage Yard	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.4
Mining or Mineral Processing	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–		134-3.6.5
AGRICULTURAL^♦
Aquaculture, Aquaponics, Aeroponics, or Hydroponics				–	–	–		–	–					–	–	–	–	–			–	134-3.7.1
Greenhouse, Nursery, Orchard or Truck Farm		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.2
Row Crop Production		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.3
Urban Garden																						134-3.7.4
Urban Farm																						134-3.7.5
OTHERS
Consumer Fireworks Sales^♦	–													–	–	–	–	–	–	–	–	134-3.8.1
Wireless Telecommunications	Refer to Article 4 of this chapter.
Key:^♦
= permitted by right
= permitted on upper floors only within primary frontage, and in ground floor within non-primary frontage
= requires conditional use approval unless eligible for Type 1 Zoning Exception
* = supplemental use regulations apply
– = prohibited
= permitted by right where district includes "-2" extension
= permitted by right where district includes "-4" extension
= permitted except where district includes "-V" extension
= permitted with conditional use approval in NX2a district only
= permitted on major commercial corridors only
500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any tobacco store, place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located.

TABLE 134-3.1-1. PRINCIPAL USE TABLE
USE CATEGORY	DISTRICTS																					Reference
Use Subcategory	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
Specific Use Type	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
RESIDENTIAL
Household Living
1 household (per lot)											–	–	–						–	–	–	134-3.3.1
2 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
3 to 4 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
5 to 8 households (per lot)^♦	–										–	–	–	–				–	–	–	–	134-3.3.1
9 or more households (per lot)^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.1
Mobile home park	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	134-3.3.1
Group Living
Assisted living facility	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Correctional placement residence	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Family home											–	–	–						–	–	–	134-3.3.2
Home and community-based services waiver recipient residence											–	–	–					–	–	–	–	134-3.3.2
Shelter, temporary	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Other group living uses^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.2
PUBLIC, CIVIC AND INSTITUTIONAL
Airport	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–			134-3.4.1
Assembly
Place of Worship	–											–	–	–	–			–	–		–	134-3.4.2
Place of Assembly	–											–	–	–	–			–	–		–	134-3.4.2
Cemetery
City-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	134-3.4.3
Non-city-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.3
College or University	–				–	–	–					–	–	–	–	–	–	–	–		–	134-3.4.4
Fraternal Organization	–													–	–	–	–	–	–		–	134-3.4.5
Government Administration	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.6
Hospital	–				–	–	–							–	–	–	–	–	–			134-3.4.7
Library or Cultural Exhibit	–													–	–	–	–	–	–		–	134-3.4.8
Public Recreation Areas	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–				134-3.4.9
Postal Service	–													–	–	–	–	–	–		–	134-3.4.10
Safety Service														–	–	–	–	–	–		–	134-3.4.11
School	–													–	–	–	–	–	–		–	134-3.4.12
Utilities
Minor																						134-3.4.13
Major																						134-3.4.13
COMMERCIAL
Adult Entertainment	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.5.1
Animal Service
Boarding		–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.2
Grooming														–	–	–	–	–	–	–	–	134-3.5.2
Stable		–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	134-3.5.2
Veterinary														–	–	–	–	–	–	–	–	134-3.5.2
Assembly and Entertainment
Small	–											–	–	–	–			–	–		–	134-3.5.3
Large	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Events Center	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Broadcast or Recording Studio	–			–	–			–						–	–	–	–	–	–		–	134-3.5.4
Business or Trade School	–													–	–	–	–	–	–	–	–	134-3.5.5
Commercial Service
Consumer Maintenance and Repair^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.6
Personal Service	–											–	–	–	–	–	–	–	–	–	–	134-3.5.6
Studio or Instructional Service	–													–	–	–	–	–	–	–	–	134-3.5.6
Data Center^♦
Minor	–			–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.7
Major	–	–	–	–	–	–	–	–	–	–				–	–	–	–	–	–	–	–	134-3.5.7
Day Care^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.8
Day Services, Adult^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.9
Eating and Drinking Places
Restaurant^♦	–												–	–	–		–	–			–	134-3.5.10
Bar^♦	–				–			–	–				–	–	–	–	–	–			–	134-3.5.10
Financial Service (except as below)	–											–	–	–	–	–	–	–	–	–	–	134-3.5.11
Bail Bonds^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Delayed Deposit Service^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Pawnbroker^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Funeral or Mortuary Service	–	–	–	–	–	–	–		–					–	–	–	–	–	–	–	–	134-3.5.12
Lodging ^♦
Bed & Breakfast											–	–	–					–	–	–	–	134-3.5.13
Hotel/Motel	–				–							–	–	–	–	–	–	–	–	–	–	134-3.5.13
Office
Business or Professional	–													–	–	–	–	–	–		–	134-3.5.14
Medical^♦	–													–	–	–	–	–	–		–	134-3.5.14
Parking, Non-Accessory
Surface Parking Lot	–							–						–	–	–	–	–				134-3.5.15
Parking Structure^♦	–							–						–	–	–	–	–	–		–	134-3.5.15
Retail Sales
Limited^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.16
General^♦	–				–			–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Large-Format^♦	–			–	–	–	–	–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Liquor Store^♦	–	–						–	–					–	–	–	–	–	–	–	–	134-3.5.16
Tobacco Store^♦	–	–	500	500	500	500	500	–	–	500	500	500	500	–	–	–	–	–	–	–	–	134-3.5.16
Self-Service Storage	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.17
Sign, General Advertising	–	–	–	–	–			–	–					–	–	–	–	–	–	–	–	134-3.5.18
Sports & Recreation, Private/Participant
Indoor^♦	–							–	–					–	–	–	–	–			–	134-3.5.19
Outdoor^♦	–	–	–		–	–		–	–					–	–	–	–	–				134-3.5.19
Vehicle Sales and Service
Fuel Station	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Sales	–	–	–	–	–	–		–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Rental	–				–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Minor	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Major	–	–	–	–	–	–	–	–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
INDUSTRIAL
Fabrication and Production
Artisan								–	–					–	–	–	–	–	–	–	–	134-3.6.1
Limited	–	–						–	–					–	–	–	–	–	–	–	–	134-3.6.1
General	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.1
Intensive	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.1
Industrial Service
Light	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.6.2
Intensive	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.2
Storage, Distribution and Wholesaling^♦
Equipment & Material Storage, Outdoor	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Minor^♦	–	–	–	–	–	–		–	–					–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Major^♦	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Warehouse	–	–	–	–	–	–	–	–	–					–	–	–	–	–	–		–	134-3.6.3
Junk or Salvage Yard	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.4
Mining or Mineral Processing	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–		134-3.6.5
AGRICULTURAL^♦
Aquaculture, Aquaponics, Aeroponics, or Hydroponics				–	–	–		–	–					–	–	–	–	–			–	134-3.7.1
Greenhouse, Nursery, Orchard or Truck Farm		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.2
Row Crop Production		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.3
Urban Garden																						134-3.7.4
Urban Farm																						134-3.7.5
OTHERS
Consumer Fireworks Sales^♦	–													–	–	–	–	–	–	–	–	134-3.8.1
Wireless Telecommunications	Refer to Article 4 of this chapter.
Key:^♦
= permitted by right
= permitted on upper floors only within primary frontage, and in ground floor within non-primary frontage
= requires conditional use approval unless eligible for Type 1 Zoning Exception
* = supplemental use regulations apply
– = prohibited
= permitted by right where district includes "-2" extension
= permitted by right where district includes "-4" extension
= permitted except where district includes "-V" extension
= permitted with conditional use approval in NX2a district only
= permitted on major commercial corridors only
500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any tobacco store, place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located.

TABLE 134-3.1-1. PRINCIPAL USE TABLE
USE CATEGORY	DISTRICTS																					Reference
Use Subcategory	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
Specific Use Type	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
RESIDENTIAL
Household Living
1 household (per lot)											–	–	–						–	–	–	134-3.3.1
2 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
3 to 4 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
5 to 8 households (per lot)^♦	–										–	–	–	–				–	–	–	–	134-3.3.1
9 or more households (per lot)^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.1
Mobile home park	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	134-3.3.1
Group Living
Assisted living facility	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Correctional placement residence	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Family home											–	–	–						–	–	–	134-3.3.2
Home and community-based services waiver recipient residence											–	–	–					–	–	–	–	134-3.3.2
Shelter, temporary	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Other group living uses^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.2
PUBLIC, CIVIC AND INSTITUTIONAL
Airport	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–			134-3.4.1
Assembly
Place of Worship	–											–	–	–	–			–	–		–	134-3.4.2
Place of Assembly	–											–	–	–	–			–	–		–	134-3.4.2
Cemetery
City-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	134-3.4.3
Non-city-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.3
College or University	–				–	–	–					–	–	–	–	–	–	–	–		–	134-3.4.4
Fraternal Organization	–													–	–	–	–	–	–		–	134-3.4.5
Government Administration	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.6
Hospital	–				–	–	–							–	–	–	–	–	–			134-3.4.7
Library or Cultural Exhibit	–													–	–	–	–	–	–		–	134-3.4.8
Public Recreation Areas	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–				134-3.4.9
Postal Service	–													–	–	–	–	–	–		–	134-3.4.10
Safety Service														–	–	–	–	–	–		–	134-3.4.11
School	–													–	–	–	–	–	–		–	134-3.4.12
Utilities
Minor																						134-3.4.13
Major																						134-3.4.13
COMMERCIAL
Adult Entertainment	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.5.1
Animal Service
Boarding		–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.2
Grooming														–	–	–	–	–	–	–	–	134-3.5.2
Stable		–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	134-3.5.2
Veterinary														–	–	–	–	–	–	–	–	134-3.5.2
Assembly and Entertainment
Small	–											–	–	–	–			–	–		–	134-3.5.3
Large	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Events Center	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Broadcast or Recording Studio	–			–	–			–						–	–	–	–	–	–		–	134-3.5.4
Business or Trade School	–													–	–	–	–	–	–	–	–	134-3.5.5
Commercial Service
Consumer Maintenance and Repair^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.6
Personal Service	–											–	–	–	–	–	–	–	–	–	–	134-3.5.6
Studio or Instructional Service	–													–	–	–	–	–	–	–	–	134-3.5.6
Data Center^♦
Minor	–			–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.7
Major	–	–	–	–	–	–	–	–	–	–				–	–	–	–	–	–	–	–	134-3.5.7
Day Care^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.8
Day Services, Adult^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.9
Eating and Drinking Places
Restaurant^♦	–												–	–	–		–	–			–	134-3.5.10
Bar^♦	–				–			–	–				–	–	–	–	–	–			–	134-3.5.10
Financial Service (except as below)	–											–	–	–	–	–	–	–	–	–	–	134-3.5.11
Bail Bonds^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Delayed Deposit Service^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Pawnbroker^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Funeral or Mortuary Service	–	–	–	–	–	–	–		–					–	–	–	–	–	–	–	–	134-3.5.12
Lodging ^♦
Bed & Breakfast											–	–	–					–	–	–	–	134-3.5.13
Hotel/Motel	–				–							–	–	–	–	–	–	–	–	–	–	134-3.5.13
Office
Business or Professional	–													–	–	–	–	–	–		–	134-3.5.14
Medical^♦	–													–	–	–	–	–	–		–	134-3.5.14
Parking, Non-Accessory
Surface Parking Lot	–							–						–	–	–	–	–				134-3.5.15
Parking Structure^♦	–							–						–	–	–	–	–	–		–	134-3.5.15
Retail Sales
Limited^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.16
General^♦	–				–			–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Large-Format^♦	–			–	–	–	–	–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Liquor Store^♦	–	–						–	–					–	–	–	–	–	–	–	–	134-3.5.16
Tobacco Store^♦	–	–	500	500	500	500	500	–	–	500	500	500	500	–	–	–	–	–	–	–	–	134-3.5.16
Self-Service Storage	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.17
Sign, General Advertising	–	–	–	–	–			–	–					–	–	–	–	–	–	–	–	134-3.5.18
Sports & Recreation, Private/Participant
Indoor^♦	–							–	–					–	–	–	–	–			–	134-3.5.19
Outdoor^♦	–	–	–		–	–		–	–					–	–	–	–	–				134-3.5.19
Vehicle Sales and Service
Fuel Station	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Sales	–	–	–	–	–	–		–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Rental	–				–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Minor	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Major	–	–	–	–	–	–	–	–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
INDUSTRIAL
Fabrication and Production
Artisan								–	–					–	–	–	–	–	–	–	–	134-3.6.1
Limited	–	–						–	–					–	–	–	–	–	–	–	–	134-3.6.1
General	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.1
Intensive	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.1
Industrial Service
Light	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.6.2
Intensive	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.2
Storage, Distribution and Wholesaling^♦
Equipment & Material Storage, Outdoor	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Minor^♦	–	–	–	–	–	–		–	–					–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Major^♦	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Warehouse	–	–	–	–	–	–	–	–	–					–	–	–	–	–	–		–	134-3.6.3
Junk or Salvage Yard	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.4
Mining or Mineral Processing	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–		134-3.6.5
AGRICULTURAL^♦
Aquaculture, Aquaponics, Aeroponics, or Hydroponics				–	–	–		–	–					–	–	–	–	–			–	134-3.7.1
Greenhouse, Nursery, Orchard or Truck Farm		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.2
Row Crop Production		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.3
Urban Garden																						134-3.7.4
Urban Farm																						134-3.7.5
OTHERS
Consumer Fireworks Sales^♦	–													–	–	–	–	–	–	–	–	134-3.8.1
Wireless Telecommunications	Refer to Article 4 of this chapter.
Key:^♦
= permitted by right
= permitted on upper floors only within primary frontage, and in ground floor within non-primary frontage
= requires conditional use approval unless eligible for Type 1 Zoning Exception
* = supplemental use regulations apply
– = prohibited
= permitted by right where district includes "-2" extension
= permitted by right where district includes "-4" extension
= permitted except where district includes "-V" extension
= permitted with conditional use approval in NX2a district only
= permitted on major commercial corridors only
500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any tobacco store, place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located.

TABLE 134-3.1-1. PRINCIPAL USE TABLE
USE CATEGORY	DISTRICTS																					Reference
Use Subcategory	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
Specific Use Type	A	DX1	DX2	DXR	MX1	MX2	MX3	RX1	RX2	CX	EX	I1	I2	N1, N2, N3, N4, N5	NX1	NX2, NX2a	NX3	NM	P1	P2	F
RESIDENTIAL
Household Living
1 household (per lot)											–	–	–						–	–	–	134-3.3.1
2 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
3 to 4 households (per lot)	–										–	–	–					–	–	–	–	134-3.3.1
5 to 8 households (per lot)^♦	–										–	–	–	–				–	–	–	–	134-3.3.1
9 or more households (per lot)^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.1
Mobile home park	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	134-3.3.1
Group Living
Assisted living facility	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Correctional placement residence	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Family home											–	–	–						–	–	–	134-3.3.2
Home and community-based services waiver recipient residence											–	–	–					–	–	–	–	134-3.3.2
Shelter, temporary	–										–	–	–	–	–			–	–	–	–	134-3.3.2
Other group living uses^♦	–										–	–	–	–	–			–	–	–	–	134-3.3.2
PUBLIC, CIVIC AND INSTITUTIONAL
Airport	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–			134-3.4.1
Assembly
Place of Worship	–											–	–	–	–			–	–		–	134-3.4.2
Place of Assembly	–											–	–	–	–			–	–		–	134-3.4.2
Cemetery
City-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	–	134-3.4.3
Non-city-owned	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.3
College or University	–				–	–	–					–	–	–	–	–	–	–	–		–	134-3.4.4
Fraternal Organization	–													–	–	–	–	–	–		–	134-3.4.5
Government Administration	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–		–	134-3.4.6
Hospital	–				–	–	–							–	–	–	–	–	–			134-3.4.7
Library or Cultural Exhibit	–													–	–	–	–	–	–		–	134-3.4.8
Public Recreation Areas	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–				134-3.4.9
Postal Service	–													–	–	–	–	–	–		–	134-3.4.10
Safety Service														–	–	–	–	–	–		–	134-3.4.11
School	–													–	–	–	–	–	–		–	134-3.4.12
Utilities
Minor																						134-3.4.13
Major																						134-3.4.13
COMMERCIAL
Adult Entertainment	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.5.1
Animal Service
Boarding		–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.2
Grooming														–	–	–	–	–	–	–	–	134-3.5.2
Stable		–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	–	134-3.5.2
Veterinary														–	–	–	–	–	–	–	–	134-3.5.2
Assembly and Entertainment
Small	–											–	–	–	–			–	–		–	134-3.5.3
Large	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Events Center	–				–			–				–	–	–	–	–		–	–		–	134-3.5.3
Broadcast or Recording Studio	–			–	–			–						–	–	–	–	–	–		–	134-3.5.4
Business or Trade School	–													–	–	–	–	–	–	–	–	134-3.5.5
Commercial Service
Consumer Maintenance and Repair^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.6
Personal Service	–											–	–	–	–	–	–	–	–	–	–	134-3.5.6
Studio or Instructional Service	–													–	–	–	–	–	–	–	–	134-3.5.6
Data Center^♦
Minor	–			–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.7
Major	–	–	–	–	–	–	–	–	–	–				–	–	–	–	–	–	–	–	134-3.5.7
Day Care^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.8
Day Services, Adult^♦	–											–	–	–	–	–	–	–	–		–	134-3.5.9
Eating and Drinking Places
Restaurant^♦	–												–	–	–		–	–			–	134-3.5.10
Bar^♦	–				–			–	–				–	–	–	–	–	–			–	134-3.5.10
Financial Service (except as below)	–											–	–	–	–	–	–	–	–	–	–	134-3.5.11
Bail Bonds^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Delayed Deposit Service^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Pawnbroker^♦	–	–	–	–	–	–		–	–		–	–	–	–	–	–	–	–	–	–	–	134-3.5.11
Funeral or Mortuary Service	–	–	–	–	–	–	–		–					–	–	–	–	–	–	–	–	134-3.5.12
Lodging ^♦
Bed & Breakfast											–	–	–					–	–	–	–	134-3.5.13
Hotel/Motel	–				–							–	–	–	–	–	–	–	–	–	–	134-3.5.13
Office
Business or Professional	–													–	–	–	–	–	–		–	134-3.5.14
Medical^♦	–													–	–	–	–	–	–		–	134-3.5.14
Parking, Non-Accessory
Surface Parking Lot	–							–						–	–	–	–	–				134-3.5.15
Parking Structure^♦	–							–						–	–	–	–	–	–		–	134-3.5.15
Retail Sales
Limited^♦	–												–	–	–	–	–	–	–	–	–	134-3.5.16
General^♦	–				–			–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Large-Format^♦	–			–	–	–	–	–	–				–	–	–	–	–	–	–	–	–	134-3.5.16
Liquor Store^♦	–	–						–	–					–	–	–	–	–	–	–	–	134-3.5.16
Tobacco Store^♦	–	–	500	500	500	500	500	–	–	500	500	500	500	–	–	–	–	–	–	–	–	134-3.5.16
Self-Service Storage	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.17
Sign, General Advertising	–	–	–	–	–			–	–					–	–	–	–	–	–	–	–	134-3.5.18
Sports & Recreation, Private/Participant
Indoor^♦	–							–	–					–	–	–	–	–			–	134-3.5.19
Outdoor^♦	–	–	–		–	–		–	–					–	–	–	–	–				134-3.5.19
Vehicle Sales and Service
Fuel Station	–	–			–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Sales	–	–	–	–	–	–		–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Rental	–				–			–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Minor	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.5.20
Vehicle Maintenance/Repair, Major	–	–	–	–	–	–	–	–	–		–			–	–	–	–	–	–	–	–	134-3.5.20
INDUSTRIAL
Fabrication and Production
Artisan								–	–					–	–	–	–	–	–	–	–	134-3.6.1
Limited	–	–						–	–					–	–	–	–	–	–	–	–	134-3.6.1
General	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.1
Intensive	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.1
Industrial Service
Light	–	–	–	–	–	–		–	–					–	–	–	–	–	–	–	–	134-3.6.2
Intensive	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–	–	–	134-3.6.2
Storage, Distribution and Wholesaling^♦
Equipment & Material Storage, Outdoor	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Minor^♦	–	–	–	–	–	–		–	–					–	–	–	–	–	–		–	134-3.6.3
Trucking & Transportation Terminal, Major^♦	–	–	–	–	–	–	–	–	–	–	–			–	–	–	–	–	–		–	134-3.6.3
Warehouse	–	–	–	–	–	–	–	–	–					–	–	–	–	–	–		–	134-3.6.3
Junk or Salvage Yard	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–	–	134-3.6.4
Mining or Mineral Processing	–	–	–	–	–	–	–	–	–	–	–	–		–	–	–	–	–	–	–		134-3.6.5
AGRICULTURAL^♦
Aquaculture, Aquaponics, Aeroponics, or Hydroponics				–	–	–		–	–					–	–	–	–	–			–	134-3.7.1
Greenhouse, Nursery, Orchard or Truck Farm		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.2
Row Crop Production		–	–	–	–	–	–	–	–					–	–	–	–				–	134-3.7.3
Urban Garden																						134-3.7.4
Urban Farm																						134-3.7.5
OTHERS
Consumer Fireworks Sales^♦	–													–	–	–	–	–	–	–	–	134-3.8.1
Wireless Telecommunications	Refer to Article 4 of this chapter.
Key:^♦
= permitted by right
= permitted on upper floors only within primary frontage, and in ground floor within non-primary frontage
= requires conditional use approval unless eligible for Type 1 Zoning Exception
* = supplemental use regulations apply
– = prohibited
= permitted by right where district includes "-2" extension
= permitted by right where district includes "-4" extension
= permitted except where district includes "-V" extension
= permitted with conditional use approval in NX2a district only
= permitted on major commercial corridors only
500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any tobacco store, place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located.

134-3. USES

Use Classifications

134-3.2 Use Classifications

3.2.1 GENERAL

This section establishes and describes the use classification system used to classify principal uses in this zoning ordinance.

3.2.2 USE CATEGORIES

A.
Residential. See section 134-3.3 of this article.
B.
Public, Civic and Institutional. See section 134-3.4 of this article.
C.
Commercial. See section 134-3.5 of this article.
D.
Industrial. See section 134-3.6 of this article.
E.
Agricultural. See section 134-3.7 of this article.
F.
Other. See section 134-3.8 of this article.

3.2.3 USE SUBCATEGORIES

3.2.4 SPECIFIC USE TYPES

Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.

3.2.5 DETERMINATION OF USE CATEGORIES AND SUBCATEGORIES

A.
The neighborhood services director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this article.

B.
When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the neighborhood services director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this article. In making such determinations, the neighborhood development director must consider:
1. 1.
  The types of activities that will occur in conjunction with the use;
2. 2.
  The types of equipment and processes to be used;
3. 3.
  The existence, number and frequency of residents, customers or employees;
4. 4.
  Parking demands associated with the use; and
5. 5.
  Other factors deemed relevant to a use determination.
C.
If a use can reasonably be classified in multiple categories, subcategories or specific use types, the neighborhood services director is authorized to categorize each use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate “fit.”

134-3.3 Residential Use Category

This category includes uses that provide living accommodations for one or more persons. The residential use subcategories are as follows.

3.3.1 HOUSEHOLD LIVING

134-3.2 Use Classifications

3.2.1 GENERAL

This section establishes and describes the use classification system used to classify principal uses in this zoning ordinance.

3.2.2 USE CATEGORIES

A.
Residential. See section 134-3.3 of this article.
B.
Public, Civic and Institutional. See section 134-3.4 of this article.
C.
Commercial. See section 134-3.5 of this article.
D.
Industrial. See section 134-3.6 of this article.
E.
Agricultural. See section 134-3.7 of this article.
F.
Other. See section 134-3.8 of this article.

3.2.3 USE SUBCATEGORIES

3.2.4 SPECIFIC USE TYPES

Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.

3.2.5 DETERMINATION OF USE CATEGORIES AND SUBCATEGORIES

A.
The neighborhood services director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this article.

B.
When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the neighborhood services director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this article. In making such determinations, the neighborhood development director must consider:
1. 1.
  The types of activities that will occur in conjunction with the use;
2. 2.
  The types of equipment and processes to be used;
3. 3.
  The existence, number and frequency of residents, customers or employees;
4. 4.
  Parking demands associated with the use; and
5. 5.
  Other factors deemed relevant to a use determination.
C.
If a use can reasonably be classified in multiple categories, subcategories or specific use types, the neighborhood services director is authorized to categorize each use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate “fit.”

134-3.3 Residential Use Category

This category includes uses that provide living accommodations for one or more persons. The residential use subcategories are as follows.

3.3.1 HOUSEHOLD LIVING

134-3.2 Use Classifications

3.2.1 GENERAL

This section establishes and describes the use classification system used to classify principal uses in this zoning ordinance.

3.2.2 USE CATEGORIES

A.
Residential. See section 134-3.3 of this article.
B.
Public, Civic and Institutional. See section 134-3.4 of this article.
C.
Commercial. See section 134-3.5 of this article.
D.
Industrial. See section 134-3.6 of this article.
E.
Agricultural. See section 134-3.7 of this article.
F.
Other. See section 134-3.8 of this article.

3.2.3 USE SUBCATEGORIES

3.2.4 SPECIFIC USE TYPES

Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.

3.2.5 DETERMINATION OF USE CATEGORIES AND SUBCATEGORIES

A.
The neighborhood services director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this article.

B.
When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the neighborhood services director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this article. In making such determinations, the neighborhood development director must consider:
1. 1.
  The types of activities that will occur in conjunction with the use;
2. 2.
  The types of equipment and processes to be used;
3. 3.
  The existence, number and frequency of residents, customers or employees;
4. 4.
  Parking demands associated with the use; and
5. 5.
  Other factors deemed relevant to a use determination.
C.
If a use can reasonably be classified in multiple categories, subcategories or specific use types, the neighborhood services director is authorized to categorize each use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate “fit.”

134-3.3 Residential Use Category

This category includes uses that provide living accommodations for one or more persons. The residential use subcategories are as follows.

3.3.1 HOUSEHOLD LIVING

134-3.2 Use Classifications

3.2.1 GENERAL

This section establishes and describes the use classification system used to classify principal uses in this zoning ordinance.

3.2.2 USE CATEGORIES

A.
Residential. See section 134-3.3 of this article.
B.
Public, Civic and Institutional. See section 134-3.4 of this article.
C.
Commercial. See section 134-3.5 of this article.
D.
Industrial. See section 134-3.6 of this article.
E.
Agricultural. See section 134-3.7 of this article.
F.
Other. See section 134-3.8 of this article.

3.2.3 USE SUBCATEGORIES

3.2.4 SPECIFIC USE TYPES

Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.

3.2.5 DETERMINATION OF USE CATEGORIES AND SUBCATEGORIES

A.
The neighborhood services director is authorized to classify uses on the basis of the use category, subcategory and specific use type descriptions of this article.

B.
When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the neighborhood services director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this article. In making such determinations, the neighborhood development director must consider:
1. 1.
  The types of activities that will occur in conjunction with the use;
2. 2.
  The types of equipment and processes to be used;
3. 3.
  The existence, number and frequency of residents, customers or employees;
4. 4.
  Parking demands associated with the use; and
5. 5.
  Other factors deemed relevant to a use determination.
C.
If a use can reasonably be classified in multiple categories, subcategories or specific use types, the neighborhood services director is authorized to categorize each use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate “fit.”

134-3.3 Residential Use Category

This category includes uses that provide living accommodations for one or more persons. The residential use subcategories are as follows.

3.3.1 HOUSEHOLD LIVING

134-3. USES

Residential Use Category

3.3.2 GROUP LIVING

A.
Assisted Living Facility. An assisted living facility is a group living use consisting of individual rooms or household units where meals and assistance with daily living activities are provided to the residents, who may be elderly persons. Assisted living facilities must be licensed as a residential care facility, intermediate care facility or nursing facility under Iowa Code chapter 135C.1. For purposes of this chapter, hospice programs licensed under Iowa Code chapter 135J are considered assisted living facilities.
B.
Correctional Placement Residence
1. 1.
  A correctional placement residence is a group living use occupied by three or more persons who have been convicted of public offenses and who have been released to such facility during any period of:
  1. a.
    Probation;

b.
Work release while serving a sentence in a correctional institution; or
c.
Assignment to the judicial district department of correctional services after receiving a deferred sentence.

2.
Correctional placement residences are subject to the following supplemental use regulations:
1. a.
  The proposed location must provide residents with adequate access to public transportation.
2. b.
  A permit for such use is subject to reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3. c.
  Each bedroom within the residence must contain:
  1. i.
    Beds for no more than four residents,
  2. ii.
    At least 80 square feet of usable floor space per bed, except a minimum of 60 square feet of usable floor space per bed is permitted for those correctional placement residences that are constructed after July 1, 1991 and are owned or leased and administered by the fifth judicial district department of correctional services as part of a community-based correctional program under Iowa Code section 905, and
  3. iii.
    Usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.

3.3.2 GROUP LIVING

A.
Assisted Living Facility. An assisted living facility is a group living use consisting of individual rooms or household units where meals and assistance with daily living activities are provided to the residents, who may be elderly persons. Assisted living facilities must be licensed as a residential care facility, intermediate care facility or nursing facility under Iowa Code chapter 135C.1. For purposes of this chapter, hospice programs licensed under Iowa Code chapter 135J are considered assisted living facilities.
B.
Correctional Placement Residence
1. 1.
  A correctional placement residence is a group living use occupied by three or more persons who have been convicted of public offenses and who have been released to such facility during any period of:
  1. a.
    Probation;

b.
Work release while serving a sentence in a correctional institution; or
c.
Assignment to the judicial district department of correctional services after receiving a deferred sentence.

2.
Correctional placement residences are subject to the following supplemental use regulations:
1. a.
  The proposed location must provide residents with adequate access to public transportation.
2. b.
  A permit for such use is subject to reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3. c.
  Each bedroom within the residence must contain:
  1. i.
    Beds for no more than four residents,
  2. ii.
    At least 80 square feet of usable floor space per bed, except a minimum of 60 square feet of usable floor space per bed is permitted for those correctional placement residences that are constructed after July 1, 1991 and are owned or leased and administered by the fifth judicial district department of correctional services as part of a community-based correctional program under Iowa Code section 905, and
  3. iii.
    Usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.

3.3.2 GROUP LIVING

A.
Assisted Living Facility. An assisted living facility is a group living use consisting of individual rooms or household units where meals and assistance with daily living activities are provided to the residents, who may be elderly persons. Assisted living facilities must be licensed as a residential care facility, intermediate care facility or nursing facility under Iowa Code chapter 135C.1. For purposes of this chapter, hospice programs licensed under Iowa Code chapter 135J are considered assisted living facilities.
B.
Correctional Placement Residence
1. 1.
  A correctional placement residence is a group living use occupied by three or more persons who have been convicted of public offenses and who have been released to such facility during any period of:
  1. a.
    Probation;

b.
Work release while serving a sentence in a correctional institution; or
c.
Assignment to the judicial district department of correctional services after receiving a deferred sentence.

2.
Correctional placement residences are subject to the following supplemental use regulations:
1. a.
  The proposed location must provide residents with adequate access to public transportation.
2. b.
  A permit for such use is subject to reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3. c.
  Each bedroom within the residence must contain:
  1. i.
    Beds for no more than four residents,
  2. ii.
    At least 80 square feet of usable floor space per bed, except a minimum of 60 square feet of usable floor space per bed is permitted for those correctional placement residences that are constructed after July 1, 1991 and are owned or leased and administered by the fifth judicial district department of correctional services as part of a community-based correctional program under Iowa Code section 905, and
  3. iii.
    Usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.

3.3.2 GROUP LIVING

A.
Assisted Living Facility. An assisted living facility is a group living use consisting of individual rooms or household units where meals and assistance with daily living activities are provided to the residents, who may be elderly persons. Assisted living facilities must be licensed as a residential care facility, intermediate care facility or nursing facility under Iowa Code chapter 135C.1. For purposes of this chapter, hospice programs licensed under Iowa Code chapter 135J are considered assisted living facilities.
B.
Correctional Placement Residence
1. 1.
  A correctional placement residence is a group living use occupied by three or more persons who have been convicted of public offenses and who have been released to such facility during any period of:
  1. a.
    Probation;

b.
Work release while serving a sentence in a correctional institution; or
c.
Assignment to the judicial district department of correctional services after receiving a deferred sentence.

2.
Correctional placement residences are subject to the following supplemental use regulations:
1. a.
  The proposed location must provide residents with adequate access to public transportation.
2. b.
  A permit for such use is subject to reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3. c.
  Each bedroom within the residence must contain:
  1. i.
    Beds for no more than four residents,
  2. ii.
    At least 80 square feet of usable floor space per bed, except a minimum of 60 square feet of usable floor space per bed is permitted for those correctional placement residences that are constructed after July 1, 1991 and are owned or leased and administered by the fifth judicial district department of correctional services as part of a community-based correctional program under Iowa Code section 905, and
  3. iii.
    Usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.

134-3. USES

Residential Use Category

d.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
e.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
f.
Each correctional placement residence must provide supervision 24 hours per day by persons responsible for the care of the residents.
g.
New correctional placement residences may not be located within 1,320 feet of any existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

C.
Family Home
1. 1.
  A family home is any of the following:

a.
A community-based residential home licensed as a residential care facility under Iowa Code chapter 135C, or as a child foster care facility under Iowa Code chapter 237, to provide room and board, personal care, rehabilitation services, and supervision in a family environment exclusively for not more than eight persons with a developmental disability or brain injury, as defined by Iowa Code chapter 414.22, and any support personnel. A family home does not mean an individual foster care family home licensed under Iowa Code chapter 237.
b.
A home for persons with disabilities as defined by Iowa Code chapter 504C.
c.
An elder group home as defined by Iowa Code chapter 231B.
d.
A residential facility, occupied by three or more persons under the supervision of one or more persons, wherein the individuals supervised have disabilities other than those specified in subsection (a) above that hinder their functioning in society and require the protection and supervision of a group environment to facilitate their becoming functional members of society.

2.
New family homes owned and operated by public or private agencies must be dispersed throughout residential districts and may not be located within contiguous city block areas pursuant to Iowa Code section 414.22.

D.
Home and Community-Based Services Waiver Recipient Residence
A single-household dwelling owned or rented by a recipient of a home and community-based services waiver approved by the federal government and implemented under the medical assistance program as defined in Iowa Code chapter 249A; or a multi-

d.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
e.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
f.
Each correctional placement residence must provide supervision 24 hours per day by persons responsible for the care of the residents.
g.
New correctional placement residences may not be located within 1,320 feet of any existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

C.
Family Home
1. 1.
  A family home is any of the following:

a.
A community-based residential home licensed as a residential care facility under Iowa Code chapter 135C, or as a child foster care facility under Iowa Code chapter 237, to provide room and board, personal care, rehabilitation services, and supervision in a family environment exclusively for not more than eight persons with a developmental disability or brain injury, as defined by Iowa Code chapter 414.22, and any support personnel. A family home does not mean an individual foster care family home licensed under Iowa Code chapter 237.
b.
A home for persons with disabilities as defined by Iowa Code chapter 504C.
c.
An elder group home as defined by Iowa Code chapter 231B.
d.
A residential facility, occupied by three or more persons under the supervision of one or more persons, wherein the individuals supervised have disabilities other than those specified in subsection (a) above that hinder their functioning in society and require the protection and supervision of a group environment to facilitate their becoming functional members of society.

2.
New family homes owned and operated by public or private agencies must be dispersed throughout residential districts and may not be located within contiguous city block areas pursuant to Iowa Code section 414.22.

D.
Home and Community-Based Services Waiver Recipient Residence
A single-household dwelling owned or rented by a recipient of a home and community-based services waiver approved by the federal government and implemented under the medical assistance program as defined in Iowa Code chapter 249A; or a multi-

d.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
e.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
f.
Each correctional placement residence must provide supervision 24 hours per day by persons responsible for the care of the residents.
g.
New correctional placement residences may not be located within 1,320 feet of any existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

C.
Family Home
1. 1.
  A family home is any of the following:

a.
A community-based residential home licensed as a residential care facility under Iowa Code chapter 135C, or as a child foster care facility under Iowa Code chapter 237, to provide room and board, personal care, rehabilitation services, and supervision in a family environment exclusively for not more than eight persons with a developmental disability or brain injury, as defined by Iowa Code chapter 414.22, and any support personnel. A family home does not mean an individual foster care family home licensed under Iowa Code chapter 237.
b.
A home for persons with disabilities as defined by Iowa Code chapter 504C.
c.
An elder group home as defined by Iowa Code chapter 231B.
d.
A residential facility, occupied by three or more persons under the supervision of one or more persons, wherein the individuals supervised have disabilities other than those specified in subsection (a) above that hinder their functioning in society and require the protection and supervision of a group environment to facilitate their becoming functional members of society.

2.
New family homes owned and operated by public or private agencies must be dispersed throughout residential districts and may not be located within contiguous city block areas pursuant to Iowa Code section 414.22.

D.
Home and Community-Based Services Waiver Recipient Residence
A single-household dwelling owned or rented by a recipient of a home and community-based services waiver approved by the federal government and implemented under the medical assistance program as defined in Iowa Code chapter 249A; or a multi-

d.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
e.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room. The regulations of this paragraph do not apply to facilities licensed and regulated as health care facilities by the state department of public health.
f.
Each correctional placement residence must provide supervision 24 hours per day by persons responsible for the care of the residents.
g.
New correctional placement residences may not be located within 1,320 feet of any existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

C.
Family Home
1. 1.
  A family home is any of the following:

a.
A community-based residential home licensed as a residential care facility under Iowa Code chapter 135C, or as a child foster care facility under Iowa Code chapter 237, to provide room and board, personal care, rehabilitation services, and supervision in a family environment exclusively for not more than eight persons with a developmental disability or brain injury, as defined by Iowa Code chapter 414.22, and any support personnel. A family home does not mean an individual foster care family home licensed under Iowa Code chapter 237.
b.
A home for persons with disabilities as defined by Iowa Code chapter 504C.
c.
An elder group home as defined by Iowa Code chapter 231B.
d.
A residential facility, occupied by three or more persons under the supervision of one or more persons, wherein the individuals supervised have disabilities other than those specified in subsection (a) above that hinder their functioning in society and require the protection and supervision of a group environment to facilitate their becoming functional members of society.

2.
New family homes owned and operated by public or private agencies must be dispersed throughout residential districts and may not be located within contiguous city block areas pursuant to Iowa Code section 414.22.

D.
Home and Community-Based Services Waiver Recipient Residence
A single-household dwelling owned or rented by a recipient of a home and community-based services waiver approved by the federal government and implemented under the medical assistance program as defined in Iowa Code chapter 249A; or a multi-

134-3. USES

Residential Use Category

E.
Shelter, Temporary
1. 1.
  A temporary shelter is a group living use that provides overnight or temporary living accommodations for individuals who do not have access to traditional or permanent housing or who require temporary living accommodations during periods of emergency or crisis. Temporary shelters may provide other services for residents, including counseling.

2.
Temporary shelters are subject to the following supplemental use regulations:
1. a.
  Temporary shelters must contain at least 70 square feet of usable floor space per occupant. Bathrooms and areas having less than seven feet of ceiling height may not be counted.
2. b.
  Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
3. c.
  New temporary shelters may not be located within 1,320 feet of an existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

F.
Other Group Living Uses

This category includes Fraternity/Sorority Houses, Dormitories, and Rooming Houses. These group living uses are subject to the following supplemental use regulations:^♦

1.
The proposed location must provide residents with adequate access to public transportation.
2.
A permit for such use is subject to the reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3.
Each bedroom must have 80 square feet of usable floor space per bed and usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms.
4.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
5.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room.

E.
Shelter, Temporary
1. 1.
  A temporary shelter is a group living use that provides overnight or temporary living accommodations for individuals who do not have access to traditional or permanent housing or who require temporary living accommodations during periods of emergency or crisis. Temporary shelters may provide other services for residents, including counseling.

2.
Temporary shelters are subject to the following supplemental use regulations:
1. a.
  Temporary shelters must contain at least 70 square feet of usable floor space per occupant. Bathrooms and areas having less than seven feet of ceiling height may not be counted.
2. b.
  Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
3. c.
  New temporary shelters may not be located within 1,320 feet of an existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

F.
Other Group Living Uses

This category includes Fraternity/Sorority Houses, Dormitories, and Rooming Houses. These group living uses are subject to the following supplemental use regulations:^♦

1.
The proposed location must provide residents with adequate access to public transportation.
2.
A permit for such use is subject to the reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3.
Each bedroom must have 80 square feet of usable floor space per bed and usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms.
4.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
5.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room.

E.
Shelter, Temporary
1. 1.
  A temporary shelter is a group living use that provides overnight or temporary living accommodations for individuals who do not have access to traditional or permanent housing or who require temporary living accommodations during periods of emergency or crisis. Temporary shelters may provide other services for residents, including counseling.

2.
Temporary shelters are subject to the following supplemental use regulations:
1. a.
  Temporary shelters must contain at least 70 square feet of usable floor space per occupant. Bathrooms and areas having less than seven feet of ceiling height may not be counted.
2. b.
  Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
3. c.
  New temporary shelters may not be located within 1,320 feet of an existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

F.
Other Group Living Uses

This category includes Fraternity/Sorority Houses, Dormitories, and Rooming Houses. These group living uses are subject to the following supplemental use regulations:^♦

1.
The proposed location must provide residents with adequate access to public transportation.
2.
A permit for such use is subject to the reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3.
Each bedroom must have 80 square feet of usable floor space per bed and usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms.
4.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
5.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room.

E.
Shelter, Temporary
1. 1.
  A temporary shelter is a group living use that provides overnight or temporary living accommodations for individuals who do not have access to traditional or permanent housing or who require temporary living accommodations during periods of emergency or crisis. Temporary shelters may provide other services for residents, including counseling.

2.
Temporary shelters are subject to the following supplemental use regulations:
1. a.
  Temporary shelters must contain at least 70 square feet of usable floor space per occupant. Bathrooms and areas having less than seven feet of ceiling height may not be counted.
2. b.
  Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
3. c.
  New temporary shelters may not be located within 1,320 feet of an existing family home, home- and community-based services waiver recipient residence, correctional placement residence, or temporary shelter, except when such facilities are separated from by a freeway or river.

F.
Other Group Living Uses

This category includes Fraternity/Sorority Houses, Dormitories, and Rooming Houses. These group living uses are subject to the following supplemental use regulations:^♦

1.
The proposed location must provide residents with adequate access to public transportation.
2.
A permit for such use is subject to the reconsideration by the board of adjustment if at any time the neighborhood services director determines that the facility has become detrimental to the neighborhood.
3.
Each bedroom must have 80 square feet of usable floor space per bed and usable floor space of at least eight feet in any major dimension. For purposes of calculating usable floor space, any parts of a room having less than seven feet of ceiling height may not be counted. Rooms in which beds are located may not be used for purposes other than bedrooms.
4.
Each such facility must contain at least one lavatory and one toilet per 10 residents or fraction thereof and one tub or shower per 15 residents or fraction thereof. At least one bathroom with tub or shower, toilet and lavatory must be located on each floor that is occupied by resident bedrooms.
5.
Each such facility must contain areas for dining and recreational purposes. When space is used for multi-purpose dining and recreational purposes, the area must include at least 30 square feet of floor area per resident bed. When space is provided exclusively for dining, the area must include at least 15 square feet of floor area per resident bed. When space is provided to be used exclusively for recreational purposes, the area shall total at least 15 square feet of floor area per resident bed and at least 50% of the required area must be in one room.

134-3. USES

Public, Civic and Institutional Use Category

134-3.4 Public, Civic and Institutional Use Category

3.4.1 AIRPORT

Facilities from which FAA-certified aircraft take off, land and operate, including customary accessory uses and structures.

3.4.2 ASSEMBLY

A facility that has organized services, meetings, or programs to benefit, educate, entertain, or promote discourse amongst the residents of the community.

A.
Place of Worship. Buildings used for conducting organized religious services. Examples include synagogues, temples, mosques and churches.
B.
Place of Assembly. Buildings used for conducting organized services, meetings, or programs. Examples include community centers and recreation centers.

3.4.3 CEMETERY

A.
Exclusions. The following are not included in the cemetery use subcategory:
1. 1.
  A private burial site where use is restricted to members of a family, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.

2.
A private burial site where use is restricted to a narrow segment of the public, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.
3.
A cemetery where there were 12 or fewer burials in the preceding 50 years, also referred to as a “pioneer cemetery”.

B.
Supplemental Use Regulations. Cemeteries that are not owned by the city are subject to the following supplemental use regulations:
1. 1.
  Surveys and records must be maintained of each cemetery, including plots of every interment and scattering area and the location of benches and columbariums. Records must indicate the GPS coordinates, name, death, burial and birth dates, last address, and name and address of contact person.
2. 2.
  A monument or marker of the name of all persons whose remains are scattered must be placed at the scattering site.
3. 3.
  Written authorization must be obtained and kept for each person whose remains are scattered, including cremation benches and columbariums, to allow removal and relocation of the scattered remains.
4. 4.
  The property must be maintained free of tall weeds and debris.
5. 5.
  Monuments and other markers or structures, fences, walkways, paths, and roadways must be maintained in good and safe condition and appearance.
6. 6.
  The perimeter of the cemetery must be fenced.
7. 7.
  A portion of every lot sale, burial service fee, or scattering fee must be kept in a fund for maintenance of the cemetery grounds.
8. 8.
  The scattering of remains is allowed only in cemeteries operating in compliance with the Iowa Cemetery Act. Cremated remains may only be scattered in a designated area with dimensions of no more than 20 feet by 20 feet.

134-3.4 Public, Civic and Institutional Use Category

3.4.1 AIRPORT

Facilities from which FAA-certified aircraft take off, land and operate, including customary accessory uses and structures.

3.4.2 ASSEMBLY

A facility that has organized services, meetings, or programs to benefit, educate, entertain, or promote discourse amongst the residents of the community.

A.
Place of Worship. Buildings used for conducting organized religious services. Examples include synagogues, temples, mosques and churches.
B.
Place of Assembly. Buildings used for conducting organized services, meetings, or programs. Examples include community centers and recreation centers.

3.4.3 CEMETERY

A.
Exclusions. The following are not included in the cemetery use subcategory:
1. 1.
  A private burial site where use is restricted to members of a family, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.

2.
A private burial site where use is restricted to a narrow segment of the public, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.
3.
A cemetery where there were 12 or fewer burials in the preceding 50 years, also referred to as a “pioneer cemetery”.

B.
Supplemental Use Regulations. Cemeteries that are not owned by the city are subject to the following supplemental use regulations:
1. 1.
  Surveys and records must be maintained of each cemetery, including plots of every interment and scattering area and the location of benches and columbariums. Records must indicate the GPS coordinates, name, death, burial and birth dates, last address, and name and address of contact person.
2. 2.
  A monument or marker of the name of all persons whose remains are scattered must be placed at the scattering site.
3. 3.
  Written authorization must be obtained and kept for each person whose remains are scattered, including cremation benches and columbariums, to allow removal and relocation of the scattered remains.
4. 4.
  The property must be maintained free of tall weeds and debris.
5. 5.
  Monuments and other markers or structures, fences, walkways, paths, and roadways must be maintained in good and safe condition and appearance.
6. 6.
  The perimeter of the cemetery must be fenced.
7. 7.
  A portion of every lot sale, burial service fee, or scattering fee must be kept in a fund for maintenance of the cemetery grounds.
8. 8.
  The scattering of remains is allowed only in cemeteries operating in compliance with the Iowa Cemetery Act. Cremated remains may only be scattered in a designated area with dimensions of no more than 20 feet by 20 feet.

134-3.4 Public, Civic and Institutional Use Category

3.4.1 AIRPORT

Facilities from which FAA-certified aircraft take off, land and operate, including customary accessory uses and structures.

3.4.2 ASSEMBLY

A facility that has organized services, meetings, or programs to benefit, educate, entertain, or promote discourse amongst the residents of the community.

A.
Place of Worship. Buildings used for conducting organized religious services. Examples include synagogues, temples, mosques and churches.
B.
Place of Assembly. Buildings used for conducting organized services, meetings, or programs. Examples include community centers and recreation centers.

3.4.3 CEMETERY

A.
Exclusions. The following are not included in the cemetery use subcategory:
1. 1.
  A private burial site where use is restricted to members of a family, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.

2.
A private burial site where use is restricted to a narrow segment of the public, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.
3.
A cemetery where there were 12 or fewer burials in the preceding 50 years, also referred to as a “pioneer cemetery”.

B.
Supplemental Use Regulations. Cemeteries that are not owned by the city are subject to the following supplemental use regulations:
1. 1.
  Surveys and records must be maintained of each cemetery, including plots of every interment and scattering area and the location of benches and columbariums. Records must indicate the GPS coordinates, name, death, burial and birth dates, last address, and name and address of contact person.
2. 2.
  A monument or marker of the name of all persons whose remains are scattered must be placed at the scattering site.
3. 3.
  Written authorization must be obtained and kept for each person whose remains are scattered, including cremation benches and columbariums, to allow removal and relocation of the scattered remains.
4. 4.
  The property must be maintained free of tall weeds and debris.
5. 5.
  Monuments and other markers or structures, fences, walkways, paths, and roadways must be maintained in good and safe condition and appearance.
6. 6.
  The perimeter of the cemetery must be fenced.
7. 7.
  A portion of every lot sale, burial service fee, or scattering fee must be kept in a fund for maintenance of the cemetery grounds.
8. 8.
  The scattering of remains is allowed only in cemeteries operating in compliance with the Iowa Cemetery Act. Cremated remains may only be scattered in a designated area with dimensions of no more than 20 feet by 20 feet.

134-3.4 Public, Civic and Institutional Use Category

3.4.1 AIRPORT

Facilities from which FAA-certified aircraft take off, land and operate, including customary accessory uses and structures.

3.4.2 ASSEMBLY

A facility that has organized services, meetings, or programs to benefit, educate, entertain, or promote discourse amongst the residents of the community.

A.
Place of Worship. Buildings used for conducting organized religious services. Examples include synagogues, temples, mosques and churches.
B.
Place of Assembly. Buildings used for conducting organized services, meetings, or programs. Examples include community centers and recreation centers.

3.4.3 CEMETERY

A.
Exclusions. The following are not included in the cemetery use subcategory:
1. 1.
  A private burial site where use is restricted to members of a family, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.

2.
A private burial site where use is restricted to a narrow segment of the public, if the interment rights are conveyed without a monetary payment, fee, charge, or other valuable form of compensation or consideration.
3.
A cemetery where there were 12 or fewer burials in the preceding 50 years, also referred to as a “pioneer cemetery”.

B.
Supplemental Use Regulations. Cemeteries that are not owned by the city are subject to the following supplemental use regulations:
1. 1.
  Surveys and records must be maintained of each cemetery, including plots of every interment and scattering area and the location of benches and columbariums. Records must indicate the GPS coordinates, name, death, burial and birth dates, last address, and name and address of contact person.
2. 2.
  A monument or marker of the name of all persons whose remains are scattered must be placed at the scattering site.
3. 3.
  Written authorization must be obtained and kept for each person whose remains are scattered, including cremation benches and columbariums, to allow removal and relocation of the scattered remains.
4. 4.
  The property must be maintained free of tall weeds and debris.
5. 5.
  Monuments and other markers or structures, fences, walkways, paths, and roadways must be maintained in good and safe condition and appearance.
6. 6.
  The perimeter of the cemetery must be fenced.
7. 7.
  A portion of every lot sale, burial service fee, or scattering fee must be kept in a fund for maintenance of the cemetery grounds.
8. 8.
  The scattering of remains is allowed only in cemeteries operating in compliance with the Iowa Cemetery Act. Cremated remains may only be scattered in a designated area with dimensions of no more than 20 feet by 20 feet.

134-3. USES

Public, Civic and Institutional Use Category

3.4.4 COLLEGE OR UNIVERSITY

Academic institutions of higher learning that are accredited or recognized by the state and offer courses of general or specialized study.

3.4.5 FRATERNAL ORGANIZATION

3.4.6 GOVERNMENT ADMINISTRATION

3.4.7 HOSPITAL

Uses providing medical or surgical care to patients and offering inpatient, or overnight care.

3.4.8 LIBRARY OR CULTURAL EXHIBIT

3.4.9 PUBLIC RECREATION AREAS

3.4.10 POSTAL SERVICE

Post offices operated by the U.S. Postal Service. Mail sorting and distribution facilities are classified as trucking and transportation terminals.

3.4.11 SAFETY SERVICE

Establishments that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.

3.4.12 SCHOOL

Public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory education.

3.4.13 UTILITIES AND PUBLIC SERVICE FACILITIES

A.
Minor. Infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/ broadcast facilities.
B.
Major. Infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include: above-ground electric distribution substations; wastewater management facilities and filtration systems; solar farms; wind farms.

134-3.5 Commercial Use Category

3.5.1 ADULT ENTERTAINMENT

An adult bookstore, adult motel, adult motion picture arcade, adult motion picture theater or sexual encounter center.

3.4.4 COLLEGE OR UNIVERSITY

Academic institutions of higher learning that are accredited or recognized by the state and offer courses of general or specialized study.

3.4.5 FRATERNAL ORGANIZATION

3.4.6 GOVERNMENT ADMINISTRATION

3.4.7 HOSPITAL

Uses providing medical or surgical care to patients and offering inpatient, or overnight care.

3.4.8 LIBRARY OR CULTURAL EXHIBIT

3.4.9 PUBLIC RECREATION AREAS

3.4.10 POSTAL SERVICE

Post offices operated by the U.S. Postal Service. Mail sorting and distribution facilities are classified as trucking and transportation terminals.

3.4.11 SAFETY SERVICE

Establishments that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.

3.4.12 SCHOOL

Public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory education.

3.4.13 UTILITIES AND PUBLIC SERVICE FACILITIES

A.
Minor. Infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/ broadcast facilities.
B.
Major. Infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include: above-ground electric distribution substations; wastewater management facilities and filtration systems; solar farms; wind farms.

134-3.5 Commercial Use Category

3.5.1 ADULT ENTERTAINMENT

An adult bookstore, adult motel, adult motion picture arcade, adult motion picture theater or sexual encounter center.

3.4.4 COLLEGE OR UNIVERSITY

Academic institutions of higher learning that are accredited or recognized by the state and offer courses of general or specialized study.

3.4.5 FRATERNAL ORGANIZATION

3.4.6 GOVERNMENT ADMINISTRATION

3.4.7 HOSPITAL

Uses providing medical or surgical care to patients and offering inpatient, or overnight care.

3.4.8 LIBRARY OR CULTURAL EXHIBIT

3.4.9 PUBLIC RECREATION AREAS

3.4.10 POSTAL SERVICE

Post offices operated by the U.S. Postal Service. Mail sorting and distribution facilities are classified as trucking and transportation terminals.

3.4.11 SAFETY SERVICE

Establishments that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.

3.4.12 SCHOOL

Public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory education.

3.4.13 UTILITIES AND PUBLIC SERVICE FACILITIES

A.
Minor. Infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/ broadcast facilities.
B.
Major. Infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include: above-ground electric distribution substations; wastewater management facilities and filtration systems; solar farms; wind farms.

134-3.5 Commercial Use Category

3.5.1 ADULT ENTERTAINMENT

An adult bookstore, adult motel, adult motion picture arcade, adult motion picture theater or sexual encounter center.

3.4.4 COLLEGE OR UNIVERSITY

Academic institutions of higher learning that are accredited or recognized by the state and offer courses of general or specialized study.

3.4.5 FRATERNAL ORGANIZATION

3.4.6 GOVERNMENT ADMINISTRATION

3.4.7 HOSPITAL

Uses providing medical or surgical care to patients and offering inpatient, or overnight care.

3.4.8 LIBRARY OR CULTURAL EXHIBIT

3.4.9 PUBLIC RECREATION AREAS

3.4.10 POSTAL SERVICE

Post offices operated by the U.S. Postal Service. Mail sorting and distribution facilities are classified as trucking and transportation terminals.

3.4.11 SAFETY SERVICE

Establishments that provide fire, police or life protection, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.

3.4.12 SCHOOL

Public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory education.

3.4.13 UTILITIES AND PUBLIC SERVICE FACILITIES

A.
Minor. Infrastructure services that need to be located in or close to the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/ broadcast facilities.
B.
Major. Infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include: above-ground electric distribution substations; wastewater management facilities and filtration systems; solar farms; wind farms.

134-3.5 Commercial Use Category

3.5.1 ADULT ENTERTAINMENT

An adult bookstore, adult motel, adult motion picture arcade, adult motion picture theater or sexual encounter center.

134-3. USES

Commercial Use Category

A.
Adult Bookstore. An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
B.
Adult Motel. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sex acts or specified anatomical areas.
C.
Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
D.
Adult Motion Picture Theater. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas for observation by patrons therein.
E.
Sexual Encounter Center. A business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in sex acts or exposing specified anatomical areas.
F.
Supplemental Use Regulations. Adult entertainment uses are subject to the following supplemental use regulations.
1. 1.
  Adult entertainment uses may not be established within 750 feet of:
  1. a.
    Another adult entertainment use;
  2. b.
    School, religious assembly, public recreation areas, public plazas or day care use;

c.
A residential use.

2.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required.
3.
The establishment of an adult entertainment use includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an adult entertainment use.
4.
All building entries, windows, and other openings must be constructed, located, covered, or visually screened in to prevent views into the interior of such building from any sidewalk, walkway, street or other public or semipublic area.

3.5.2 ANIMAL SERVICES

A.
Breeding and Boarding. Breeding of four or more pets or companion animals six months in age or older and/or non-medical care provided for household pets in a location other than their primary residence. Typical examples include dog breeding kennels, kennel services, pet centers.
B.
Grooming. Grooming of dogs, cats and similar small household pets, including dog bathing and clipping salons and pet grooming shops.
C.
Stable. Land or structure in which horses are kept, whether for personal enjoyment or for compensation.
D.
Veterinary. Animal hospitals and veterinary clinics.

A.
Adult Bookstore. An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
B.
Adult Motel. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sex acts or specified anatomical areas.
C.
Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
D.
Adult Motion Picture Theater. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas for observation by patrons therein.
E.
Sexual Encounter Center. A business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in sex acts or exposing specified anatomical areas.
F.
Supplemental Use Regulations. Adult entertainment uses are subject to the following supplemental use regulations.
1. 1.
  Adult entertainment uses may not be established within 750 feet of:
  1. a.
    Another adult entertainment use;
  2. b.
    School, religious assembly, public recreation areas, public plazas or day care use;

c.
A residential use.

2.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required.
3.
The establishment of an adult entertainment use includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an adult entertainment use.
4.
All building entries, windows, and other openings must be constructed, located, covered, or visually screened in to prevent views into the interior of such building from any sidewalk, walkway, street or other public or semipublic area.

3.5.2 ANIMAL SERVICES

A.
Breeding and Boarding. Breeding of four or more pets or companion animals six months in age or older and/or non-medical care provided for household pets in a location other than their primary residence. Typical examples include dog breeding kennels, kennel services, pet centers.
B.
Grooming. Grooming of dogs, cats and similar small household pets, including dog bathing and clipping salons and pet grooming shops.
C.
Stable. Land or structure in which horses are kept, whether for personal enjoyment or for compensation.
D.
Veterinary. Animal hospitals and veterinary clinics.

A.
Adult Bookstore. An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
B.
Adult Motel. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sex acts or specified anatomical areas.
C.
Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
D.
Adult Motion Picture Theater. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas for observation by patrons therein.
E.
Sexual Encounter Center. A business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in sex acts or exposing specified anatomical areas.
F.
Supplemental Use Regulations. Adult entertainment uses are subject to the following supplemental use regulations.
1. 1.
  Adult entertainment uses may not be established within 750 feet of:
  1. a.
    Another adult entertainment use;
  2. b.
    School, religious assembly, public recreation areas, public plazas or day care use;

c.
A residential use.

2.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required.
3.
The establishment of an adult entertainment use includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an adult entertainment use.
4.
All building entries, windows, and other openings must be constructed, located, covered, or visually screened in to prevent views into the interior of such building from any sidewalk, walkway, street or other public or semipublic area.

3.5.2 ANIMAL SERVICES

A.
Breeding and Boarding. Breeding of four or more pets or companion animals six months in age or older and/or non-medical care provided for household pets in a location other than their primary residence. Typical examples include dog breeding kennels, kennel services, pet centers.
B.
Grooming. Grooming of dogs, cats and similar small household pets, including dog bathing and clipping salons and pet grooming shops.
C.
Stable. Land or structure in which horses are kept, whether for personal enjoyment or for compensation.
D.
Veterinary. Animal hospitals and veterinary clinics.

A.
Adult Bookstore. An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
B.
Adult Motel. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing sex acts or specified anatomical areas.
C.
Adult Motion Picture Arcade. Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas.
D.
Adult Motion Picture Theater. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing sex acts or specified anatomical areas for observation by patrons therein.
E.
Sexual Encounter Center. A business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in sex acts or exposing specified anatomical areas.
F.
Supplemental Use Regulations. Adult entertainment uses are subject to the following supplemental use regulations.
1. 1.
  Adult entertainment uses may not be established within 750 feet of:
  1. a.
    Another adult entertainment use;
  2. b.
    School, religious assembly, public recreation areas, public plazas or day care use;

c.
A residential use.

2.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required.
3.
The establishment of an adult entertainment use includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an adult entertainment use.
4.
All building entries, windows, and other openings must be constructed, located, covered, or visually screened in to prevent views into the interior of such building from any sidewalk, walkway, street or other public or semipublic area.

3.5.2 ANIMAL SERVICES

A.
Breeding and Boarding. Breeding of four or more pets or companion animals six months in age or older and/or non-medical care provided for household pets in a location other than their primary residence. Typical examples include dog breeding kennels, kennel services, pet centers.
B.
Grooming. Grooming of dogs, cats and similar small household pets, including dog bathing and clipping salons and pet grooming shops.
C.
Stable. Land or structure in which horses are kept, whether for personal enjoyment or for compensation.
D.
Veterinary. Animal hospitals and veterinary clinics.

134-3. USES

Commercial Use Category

3.5.3 ASSEMBLY AND ENTERTAINMENT

A.
Small. Assembly and entertainment uses including event centers, with a seating or occupant capacity of less than 2,000 persons.^♦
B.
Large. Assembly and entertainment uses, including event centers, with a seating or occupant capacity between 2,000 and 10,000 persons.
C.
Event Center. Civic or community auditoriums, sports stadiums and arenas, convention facilities and multi-purpose venues with a seating or occupant capacity of more than 10,000 persons.

3.5.4 BROADCAST OR RECORDING STUDIO

Uses that provide for audio or video production, recording or radio, television or internet broadcasting.

3.5.5 BUSINESS OR TRADE SCHOOL

3.5.6 COMMERCIAL SERVICES

Uses that provide low-impact repair, maintenance and improvement services to individual consumers and small businesses.

A.
Consumer Maintenance and Repair Service. Uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer, including uses such as customers bring goods to the site of the repair/ maintenance business. Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, small engine repair, picture framing shops, copy shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments, but not including vehicle maintenance and repair. Business that offer repair and maintenance service for large equipment or technicians who visit customers’ homes or places of business are classified as an “industrial service.”

B.
Personal Service. Uses that provide personal support and improvement services. Typical uses include barbers, hair and nail salons, tanning salons, travel agencies, and day spas. Also includes uses involved in providing tattoos, piercing and similar forms of body art.
C.
Studio or Instructional Service. Uses that focus on providing individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities. Also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, photography studios and other studios for artists that do not involve the use of power tools or power machinery.

3.5.7 DATA CENTER^♦

A.
Minor Data Center. A facility occupying no more than 10,000 square feet of floor area that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Typical uses include colocation centers, carrier hotels, network hotels, telecom hotels, meet-me rooms, and edge data centers.
B.
Major Data Center. A facility occupying more than 10,000 square feet of floor area, that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Such facility may include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a major data center. Typical uses include hyperscale data centers and server farms.

3.5.8 DAY CARE

Uses providing care and supervision for more than eight children away from their primary residence for less than 24 hours per day.

3.5.9 DAY SERVICES ADULT

An organized program providing a variety of health-related care, social services, and other related support services for 16 hours or less in a 24-hour period to two or more persons with

3.5.3 ASSEMBLY AND ENTERTAINMENT

A.
Small. Assembly and entertainment uses including event centers, with a seating or occupant capacity of less than 2,000 persons.^♦
B.
Large. Assembly and entertainment uses, including event centers, with a seating or occupant capacity between 2,000 and 10,000 persons.
C.
Event Center. Civic or community auditoriums, sports stadiums and arenas, convention facilities and multi-purpose venues with a seating or occupant capacity of more than 10,000 persons.

3.5.4 BROADCAST OR RECORDING STUDIO

Uses that provide for audio or video production, recording or radio, television or internet broadcasting.

3.5.5 BUSINESS OR TRADE SCHOOL

3.5.6 COMMERCIAL SERVICES

Uses that provide low-impact repair, maintenance and improvement services to individual consumers and small businesses.

A.
Consumer Maintenance and Repair Service. Uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer, including uses such as customers bring goods to the site of the repair/ maintenance business. Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, small engine repair, picture framing shops, copy shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments, but not including vehicle maintenance and repair. Business that offer repair and maintenance service for large equipment or technicians who visit customers’ homes or places of business are classified as an “industrial service.”

B.
Personal Service. Uses that provide personal support and improvement services. Typical uses include barbers, hair and nail salons, tanning salons, travel agencies, and day spas. Also includes uses involved in providing tattoos, piercing and similar forms of body art.
C.
Studio or Instructional Service. Uses that focus on providing individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities. Also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, photography studios and other studios for artists that do not involve the use of power tools or power machinery.

3.5.7 DATA CENTER^♦

A.
Minor Data Center. A facility occupying no more than 10,000 square feet of floor area that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Typical uses include colocation centers, carrier hotels, network hotels, telecom hotels, meet-me rooms, and edge data centers.
B.
Major Data Center. A facility occupying more than 10,000 square feet of floor area, that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Such facility may include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a major data center. Typical uses include hyperscale data centers and server farms.

3.5.8 DAY CARE

Uses providing care and supervision for more than eight children away from their primary residence for less than 24 hours per day.

3.5.9 DAY SERVICES ADULT

An organized program providing a variety of health-related care, social services, and other related support services for 16 hours or less in a 24-hour period to two or more persons with

3.5.3 ASSEMBLY AND ENTERTAINMENT

A.
Small. Assembly and entertainment uses including event centers, with a seating or occupant capacity of less than 2,000 persons.^♦
B.
Large. Assembly and entertainment uses, including event centers, with a seating or occupant capacity between 2,000 and 10,000 persons.
C.
Event Center. Civic or community auditoriums, sports stadiums and arenas, convention facilities and multi-purpose venues with a seating or occupant capacity of more than 10,000 persons.

3.5.4 BROADCAST OR RECORDING STUDIO

Uses that provide for audio or video production, recording or radio, television or internet broadcasting.

3.5.5 BUSINESS OR TRADE SCHOOL

3.5.6 COMMERCIAL SERVICES

Uses that provide low-impact repair, maintenance and improvement services to individual consumers and small businesses.

A.
Consumer Maintenance and Repair Service. Uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer, including uses such as customers bring goods to the site of the repair/ maintenance business. Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, small engine repair, picture framing shops, copy shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments, but not including vehicle maintenance and repair. Business that offer repair and maintenance service for large equipment or technicians who visit customers’ homes or places of business are classified as an “industrial service.”

B.
Personal Service. Uses that provide personal support and improvement services. Typical uses include barbers, hair and nail salons, tanning salons, travel agencies, and day spas. Also includes uses involved in providing tattoos, piercing and similar forms of body art.
C.
Studio or Instructional Service. Uses that focus on providing individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities. Also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, photography studios and other studios for artists that do not involve the use of power tools or power machinery.

3.5.7 DATA CENTER^♦

A.
Minor Data Center. A facility occupying no more than 10,000 square feet of floor area that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Typical uses include colocation centers, carrier hotels, network hotels, telecom hotels, meet-me rooms, and edge data centers.
B.
Major Data Center. A facility occupying more than 10,000 square feet of floor area, that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Such facility may include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a major data center. Typical uses include hyperscale data centers and server farms.

3.5.8 DAY CARE

Uses providing care and supervision for more than eight children away from their primary residence for less than 24 hours per day.

3.5.9 DAY SERVICES ADULT

An organized program providing a variety of health-related care, social services, and other related support services for 16 hours or less in a 24-hour period to two or more persons with

3.5.3 ASSEMBLY AND ENTERTAINMENT

A.
Small. Assembly and entertainment uses including event centers, with a seating or occupant capacity of less than 2,000 persons.^♦
B.
Large. Assembly and entertainment uses, including event centers, with a seating or occupant capacity between 2,000 and 10,000 persons.
C.
Event Center. Civic or community auditoriums, sports stadiums and arenas, convention facilities and multi-purpose venues with a seating or occupant capacity of more than 10,000 persons.

3.5.4 BROADCAST OR RECORDING STUDIO

Uses that provide for audio or video production, recording or radio, television or internet broadcasting.

3.5.5 BUSINESS OR TRADE SCHOOL

3.5.6 COMMERCIAL SERVICES

Uses that provide low-impact repair, maintenance and improvement services to individual consumers and small businesses.

A.
Consumer Maintenance and Repair Service. Uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer, including uses such as customers bring goods to the site of the repair/ maintenance business. Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, small engine repair, picture framing shops, copy shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments, but not including vehicle maintenance and repair. Business that offer repair and maintenance service for large equipment or technicians who visit customers’ homes or places of business are classified as an “industrial service.”

B.
Personal Service. Uses that provide personal support and improvement services. Typical uses include barbers, hair and nail salons, tanning salons, travel agencies, and day spas. Also includes uses involved in providing tattoos, piercing and similar forms of body art.
C.
Studio or Instructional Service. Uses that focus on providing individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities. Also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, photography studios and other studios for artists that do not involve the use of power tools or power machinery.

3.5.7 DATA CENTER^♦

A.
Minor Data Center. A facility occupying no more than 10,000 square feet of floor area that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Typical uses include colocation centers, carrier hotels, network hotels, telecom hotels, meet-me rooms, and edge data centers.
B.
Major Data Center. A facility occupying more than 10,000 square feet of floor area, that primarily utilizes or maintains electronic equipment to process, store, manage, and/or transmit digital information, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Such facility may include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a major data center. Typical uses include hyperscale data centers and server farms.

3.5.8 DAY CARE

Uses providing care and supervision for more than eight children away from their primary residence for less than 24 hours per day.

3.5.9 DAY SERVICES ADULT

An organized program providing a variety of health-related care, social services, and other related support services for 16 hours or less in a 24-hour period to two or more persons with

134-3. USES

Commercial Use Category

a functional impairment on a regularly scheduled, contractual basis certified by the State of Iowa.

3.5.10 EATING AND DRINKING PLACES

An establishment that serves food or beverages for on- or off-premise consumption as its principal business.

A.
Restaurant. An establishment that serves food or beverages for on- or off-premise consumption as its principal business. Typical examples of restaurant uses include principal use restaurants, cafés, cafeterias, ice cream or yogurt shops, donut shops and coffee shops.^♦
B.
Bar. Uses that cater primarily to adults, 21 years of age and older and that sell and serve alcoholic liquor, wine or beer for on-premise consumption as their principal business. Typical uses include bars, taverns, brewpubs, tasting rooms and nightclubs.^♦

3.5.11 FINANCIAL SERVICE

A.
Bail Bonds. A use that provides surety and pledged money or property as bail for the appearance of persons accused in court.
B.
Delayed Deposit Service. A use that for a fee does either of the following:
1. 1.
  Accepts a check dated after the date it was written.
2. 2.
  Accepts a check dated on the date it was written and holds the check for a period of time before deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, whether express or implied.

C.
Pawnbroker. A person or a use that makes loans or advancements upon pawn, pledge or deposit of personal property or that receives actual possession of personal property as security for loans, with or without a mortgage or bill of sale thereon, or that by advertisement, sign or otherwise holds himself or herself out as a pawnbroker.
D.
Supplemental Use Regulations. Personal credit

establishments are subject to the following supplemental use regulations:^♦

1.
Personal credit establishments may not be established within 1,320 feet of another personal credit use;
2.
Personal credit establishments may not be established within 250 feet of an N district, NX district, or residential use;
3.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required;
4.
The establishment of a personal credit establishment includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an personal credit use;
5.
Drive-in and drive-through service facilities are prohibited for personal credit establishments.

3.5.12 FUNERAL AND MORTUARY SERVICE

Uses that provide services related to the death of a human or domestic, household pet, including funeral homes and mortuaries.

3.5.13 LODGING ^♦

A.
Bed and Breakfast. An owner-occupied household, other than a multi-household residential use, restaurant, motel, short-term rental or shelter for the homeless, where lodging and meals are provided for compensation to three or more persons in a house building type. A bed and breakfast may not be occupied by more persons than as allowed per bed room or sleeping area in the occupancy limitations set forth in the International Property Maintenance Code. The owner-occupant shall be present and residing in the bed and breakfast for the duration of any rental of all or a part of the bed and breakfast.
B.
Hotel or Motel. A lodging establishment other than a bed and breakfast and that may provide ancillary facilities and

a functional impairment on a regularly scheduled, contractual basis certified by the State of Iowa.

3.5.10 EATING AND DRINKING PLACES

An establishment that serves food or beverages for on- or off-premise consumption as its principal business.

A.
Restaurant. An establishment that serves food or beverages for on- or off-premise consumption as its principal business. Typical examples of restaurant uses include principal use restaurants, cafés, cafeterias, ice cream or yogurt shops, donut shops and coffee shops.^♦
B.
Bar. Uses that cater primarily to adults, 21 years of age and older and that sell and serve alcoholic liquor, wine or beer for on-premise consumption as their principal business. Typical uses include bars, taverns, brewpubs, tasting rooms and nightclubs.^♦

3.5.11 FINANCIAL SERVICE

A.
Bail Bonds. A use that provides surety and pledged money or property as bail for the appearance of persons accused in court.
B.
Delayed Deposit Service. A use that for a fee does either of the following:
1. 1.
  Accepts a check dated after the date it was written.
2. 2.
  Accepts a check dated on the date it was written and holds the check for a period of time before deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, whether express or implied.

C.
Pawnbroker. A person or a use that makes loans or advancements upon pawn, pledge or deposit of personal property or that receives actual possession of personal property as security for loans, with or without a mortgage or bill of sale thereon, or that by advertisement, sign or otherwise holds himself or herself out as a pawnbroker.
D.
Supplemental Use Regulations. Personal credit

establishments are subject to the following supplemental use regulations:^♦

1.
Personal credit establishments may not be established within 1,320 feet of another personal credit use;
2.
Personal credit establishments may not be established within 250 feet of an N district, NX district, or residential use;
3.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required;
4.
The establishment of a personal credit establishment includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an personal credit use;
5.
Drive-in and drive-through service facilities are prohibited for personal credit establishments.

3.5.12 FUNERAL AND MORTUARY SERVICE

Uses that provide services related to the death of a human or domestic, household pet, including funeral homes and mortuaries.

3.5.13 LODGING ^♦

A.
Bed and Breakfast. An owner-occupied household, other than a multi-household residential use, restaurant, motel, short-term rental or shelter for the homeless, where lodging and meals are provided for compensation to three or more persons in a house building type. A bed and breakfast may not be occupied by more persons than as allowed per bed room or sleeping area in the occupancy limitations set forth in the International Property Maintenance Code. The owner-occupant shall be present and residing in the bed and breakfast for the duration of any rental of all or a part of the bed and breakfast.
B.
Hotel or Motel. A lodging establishment other than a bed and breakfast and that may provide ancillary facilities and

a functional impairment on a regularly scheduled, contractual basis certified by the State of Iowa.

3.5.10 EATING AND DRINKING PLACES

An establishment that serves food or beverages for on- or off-premise consumption as its principal business.

A.
Restaurant. An establishment that serves food or beverages for on- or off-premise consumption as its principal business. Typical examples of restaurant uses include principal use restaurants, cafés, cafeterias, ice cream or yogurt shops, donut shops and coffee shops.^♦
B.
Bar. Uses that cater primarily to adults, 21 years of age and older and that sell and serve alcoholic liquor, wine or beer for on-premise consumption as their principal business. Typical uses include bars, taverns, brewpubs, tasting rooms and nightclubs.^♦

3.5.11 FINANCIAL SERVICE

A.
Bail Bonds. A use that provides surety and pledged money or property as bail for the appearance of persons accused in court.
B.
Delayed Deposit Service. A use that for a fee does either of the following:
1. 1.
  Accepts a check dated after the date it was written.
2. 2.
  Accepts a check dated on the date it was written and holds the check for a period of time before deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, whether express or implied.

C.
Pawnbroker. A person or a use that makes loans or advancements upon pawn, pledge or deposit of personal property or that receives actual possession of personal property as security for loans, with or without a mortgage or bill of sale thereon, or that by advertisement, sign or otherwise holds himself or herself out as a pawnbroker.
D.
Supplemental Use Regulations. Personal credit

establishments are subject to the following supplemental use regulations:^♦

1.
Personal credit establishments may not be established within 1,320 feet of another personal credit use;
2.
Personal credit establishments may not be established within 250 feet of an N district, NX district, or residential use;
3.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required;
4.
The establishment of a personal credit establishment includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an personal credit use;
5.
Drive-in and drive-through service facilities are prohibited for personal credit establishments.

3.5.12 FUNERAL AND MORTUARY SERVICE

Uses that provide services related to the death of a human or domestic, household pet, including funeral homes and mortuaries.

3.5.13 LODGING ^♦

A.
Bed and Breakfast. An owner-occupied household, other than a multi-household residential use, restaurant, motel, short-term rental or shelter for the homeless, where lodging and meals are provided for compensation to three or more persons in a house building type. A bed and breakfast may not be occupied by more persons than as allowed per bed room or sleeping area in the occupancy limitations set forth in the International Property Maintenance Code. The owner-occupant shall be present and residing in the bed and breakfast for the duration of any rental of all or a part of the bed and breakfast.
B.
Hotel or Motel. A lodging establishment other than a bed and breakfast and that may provide ancillary facilities and

a functional impairment on a regularly scheduled, contractual basis certified by the State of Iowa.

3.5.10 EATING AND DRINKING PLACES

An establishment that serves food or beverages for on- or off-premise consumption as its principal business.

A.
Restaurant. An establishment that serves food or beverages for on- or off-premise consumption as its principal business. Typical examples of restaurant uses include principal use restaurants, cafés, cafeterias, ice cream or yogurt shops, donut shops and coffee shops.^♦
B.
Bar. Uses that cater primarily to adults, 21 years of age and older and that sell and serve alcoholic liquor, wine or beer for on-premise consumption as their principal business. Typical uses include bars, taverns, brewpubs, tasting rooms and nightclubs.^♦

3.5.11 FINANCIAL SERVICE

A.
Bail Bonds. A use that provides surety and pledged money or property as bail for the appearance of persons accused in court.
B.
Delayed Deposit Service. A use that for a fee does either of the following:
1. 1.
  Accepts a check dated after the date it was written.
2. 2.
  Accepts a check dated on the date it was written and holds the check for a period of time before deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, whether express or implied.

C.
Pawnbroker. A person or a use that makes loans or advancements upon pawn, pledge or deposit of personal property or that receives actual possession of personal property as security for loans, with or without a mortgage or bill of sale thereon, or that by advertisement, sign or otherwise holds himself or herself out as a pawnbroker.
D.
Supplemental Use Regulations. Personal credit

establishments are subject to the following supplemental use regulations:^♦

1.
Personal credit establishments may not be established within 1,320 feet of another personal credit use;
2.
Personal credit establishments may not be established within 250 feet of an N district, NX district, or residential use;
3.
For purposes of measuring compliance with these separation distance requirements, measurements must be taken on a direct line following the shortest distance from the property line of the proposed use to property line of lot occupied by the use, district or area from which separation is required;
4.
The establishment of a personal credit establishment includes the opening of a new such use, the relocation of such use, the expansion of such a use or the conversion of an existing use to an personal credit use;
5.
Drive-in and drive-through service facilities are prohibited for personal credit establishments.

3.5.12 FUNERAL AND MORTUARY SERVICE

Uses that provide services related to the death of a human or domestic, household pet, including funeral homes and mortuaries.

3.5.13 LODGING ^♦

A.
Bed and Breakfast. An owner-occupied household, other than a multi-household residential use, restaurant, motel, short-term rental or shelter for the homeless, where lodging and meals are provided for compensation to three or more persons in a house building type. A bed and breakfast may not be occupied by more persons than as allowed per bed room or sleeping area in the occupancy limitations set forth in the International Property Maintenance Code. The owner-occupant shall be present and residing in the bed and breakfast for the duration of any rental of all or a part of the bed and breakfast.
B.
Hotel or Motel. A lodging establishment other than a bed and breakfast and that may provide ancillary facilities and

134-3. USES

Commercial Use Category

services, customary in a full-service hotel, as further regulated by the Iowa Code.

3.5.14 OFFICE

A.
Business or Professional. Office uses for companies and non-governmental organizations. Examples include corporate office, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations. Also includes uses engaged in scientific research and testing services leading to the development of new products and processes that do not involve the mass production, distribution or sale of such products.
B.
Medical. Office or clinic uses related to diagnosis and treatment of human patients’ illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists and chiropractors. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, unless otherwise expressly indicated.

3.5.15 PARKING, NON-ACCESSORY.

When a conditional use permit is required, a non-accessory parking facility shall meet the following requirements:^♦

1.
Two or more principal parking facilities shall not be located directly abutting one another.
2.
Refer to section 135-2.17 of this code for principal use parking structure building type.

3.5.16 RETAIL SALES^♦

Uses involving the sale, lease or rental of new or used goods to the ultimate consumer. Examples of specific retail use types

include retail sales of convenience goods, consumer shopping goods and building supplies and equipment.

A.
Limited Retail Sales. Retail sales establishments occupying no more than 12,000 square feet of floor area.
B.
General Retail Sales. Retail sales establishments occupying more than 12,000 square feet of floor area but no more than 40,000 square feet of floor area.
C.
Large-Format Retail Sales. Retail sales establishments occupying more than 40,000 square feet of floor area.

3.5.17 SELF-SERVICE STORAGE

A.
Supplemental Use Regulations.^♦
Self-service storage uses that are located in an MX2 or MX3 districts are subject to the following:
1. 1.
  The self-storage use shall be permitted only within the interior of converted pre-existing buildings or the interior of building types allowed in the applicable zoning district, in accordance with chapter 135 of this code.
2. 2.
  No external storage or additional buildings shall be permitted as part of the self-storage use.
3. 3.
  The landscape regulations of chapter 135 of this code shall be required of any self-storage use of property, whether associated with a pre-existing building or an allowed building type.

3.5.18 SIGN, GENERAL ADVERTISING

services, customary in a full-service hotel, as further regulated by the Iowa Code.

3.5.14 OFFICE

A.
Business or Professional. Office uses for companies and non-governmental organizations. Examples include corporate office, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations. Also includes uses engaged in scientific research and testing services leading to the development of new products and processes that do not involve the mass production, distribution or sale of such products.
B.
Medical. Office or clinic uses related to diagnosis and treatment of human patients’ illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists and chiropractors. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, unless otherwise expressly indicated.

3.5.15 PARKING, NON-ACCESSORY.

When a conditional use permit is required, a non-accessory parking facility shall meet the following requirements:^♦

1.
Two or more principal parking facilities shall not be located directly abutting one another.
2.
Refer to section 135-2.17 of this code for principal use parking structure building type.

3.5.16 RETAIL SALES^♦

Uses involving the sale, lease or rental of new or used goods to the ultimate consumer. Examples of specific retail use types

include retail sales of convenience goods, consumer shopping goods and building supplies and equipment.

A.
Limited Retail Sales. Retail sales establishments occupying no more than 12,000 square feet of floor area.
B.
General Retail Sales. Retail sales establishments occupying more than 12,000 square feet of floor area but no more than 40,000 square feet of floor area.
C.
Large-Format Retail Sales. Retail sales establishments occupying more than 40,000 square feet of floor area.

3.5.17 SELF-SERVICE STORAGE

A.
Supplemental Use Regulations.^♦
Self-service storage uses that are located in an MX2 or MX3 districts are subject to the following:
1. 1.
  The self-storage use shall be permitted only within the interior of converted pre-existing buildings or the interior of building types allowed in the applicable zoning district, in accordance with chapter 135 of this code.
2. 2.
  No external storage or additional buildings shall be permitted as part of the self-storage use.
3. 3.
  The landscape regulations of chapter 135 of this code shall be required of any self-storage use of property, whether associated with a pre-existing building or an allowed building type.

3.5.18 SIGN, GENERAL ADVERTISING

services, customary in a full-service hotel, as further regulated by the Iowa Code.

3.5.14 OFFICE

A.
Business or Professional. Office uses for companies and non-governmental organizations. Examples include corporate office, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations. Also includes uses engaged in scientific research and testing services leading to the development of new products and processes that do not involve the mass production, distribution or sale of such products.
B.
Medical. Office or clinic uses related to diagnosis and treatment of human patients’ illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists and chiropractors. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, unless otherwise expressly indicated.

3.5.15 PARKING, NON-ACCESSORY.

When a conditional use permit is required, a non-accessory parking facility shall meet the following requirements:^♦

1.
Two or more principal parking facilities shall not be located directly abutting one another.
2.
Refer to section 135-2.17 of this code for principal use parking structure building type.

3.5.16 RETAIL SALES^♦

Uses involving the sale, lease or rental of new or used goods to the ultimate consumer. Examples of specific retail use types

include retail sales of convenience goods, consumer shopping goods and building supplies and equipment.

A.
Limited Retail Sales. Retail sales establishments occupying no more than 12,000 square feet of floor area.
B.
General Retail Sales. Retail sales establishments occupying more than 12,000 square feet of floor area but no more than 40,000 square feet of floor area.
C.
Large-Format Retail Sales. Retail sales establishments occupying more than 40,000 square feet of floor area.

3.5.17 SELF-SERVICE STORAGE

A.
Supplemental Use Regulations.^♦
Self-service storage uses that are located in an MX2 or MX3 districts are subject to the following:
1. 1.
  The self-storage use shall be permitted only within the interior of converted pre-existing buildings or the interior of building types allowed in the applicable zoning district, in accordance with chapter 135 of this code.
2. 2.
  No external storage or additional buildings shall be permitted as part of the self-storage use.
3. 3.
  The landscape regulations of chapter 135 of this code shall be required of any self-storage use of property, whether associated with a pre-existing building or an allowed building type.

3.5.18 SIGN, GENERAL ADVERTISING

services, customary in a full-service hotel, as further regulated by the Iowa Code.

3.5.14 OFFICE

A.
Business or Professional. Office uses for companies and non-governmental organizations. Examples include corporate office, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations. Also includes uses engaged in scientific research and testing services leading to the development of new products and processes that do not involve the mass production, distribution or sale of such products.
B.
Medical. Office or clinic uses related to diagnosis and treatment of human patients’ illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists and chiropractors. Surgical, rehabilitation and other medical centers that do not involve overnight patient stays are included in this use subcategory, as are medical and dental laboratories, unless otherwise expressly indicated.

3.5.15 PARKING, NON-ACCESSORY.

When a conditional use permit is required, a non-accessory parking facility shall meet the following requirements:^♦

1.
Two or more principal parking facilities shall not be located directly abutting one another.
2.
Refer to section 135-2.17 of this code for principal use parking structure building type.

3.5.16 RETAIL SALES^♦

Uses involving the sale, lease or rental of new or used goods to the ultimate consumer. Examples of specific retail use types

include retail sales of convenience goods, consumer shopping goods and building supplies and equipment.

A.
Limited Retail Sales. Retail sales establishments occupying no more than 12,000 square feet of floor area.
B.
General Retail Sales. Retail sales establishments occupying more than 12,000 square feet of floor area but no more than 40,000 square feet of floor area.
C.
Large-Format Retail Sales. Retail sales establishments occupying more than 40,000 square feet of floor area.

3.5.17 SELF-SERVICE STORAGE

A.
Supplemental Use Regulations.^♦
Self-service storage uses that are located in an MX2 or MX3 districts are subject to the following:
1. 1.
  The self-storage use shall be permitted only within the interior of converted pre-existing buildings or the interior of building types allowed in the applicable zoning district, in accordance with chapter 135 of this code.
2. 2.
  No external storage or additional buildings shall be permitted as part of the self-storage use.
3. 3.
  The landscape regulations of chapter 135 of this code shall be required of any self-storage use of property, whether associated with a pre-existing building or an allowed building type.

3.5.18 SIGN, GENERAL ADVERTISING

134-3. USES

Commercial Use Category

3.5.19 SPORTS AND RECREATION, PRIVATE/PARTICIPANT

A.
Indoor. Participant sports and recreation uses conducted entirely within buildings.
B.
Outdoor. Participant sports and recreation uses conducted wholly or partially outside of buildings.

3.5.20 VEHICLE SALES AND SERVICE

A.
Fuel Station

1.
A use engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops, which are regulated as industrial service uses and which may include retail sales of convenience items.
2.
Fuel stations are subject to the applicable building type regulations in Article 2 of chapter 135 of this code and accessory structure regulations in section 135-2.22.3 of this code.

B.
Vehicle Sales. Uses primarily engaged in the sales of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The sale of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle sales are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.
C.
Vehicle Rentals. Uses primarily engaged in the rental of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The rental of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle rentals are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.

D.
Vehicle Maintenance and Repair, Minor. Uses that repair, install or maintain the mechanical components of automobiles, trucks, vans, trailers or motorcycles or that wash, clean or otherwise protect the exterior or interior surfaces of such vehicles. Minor vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  All vehicles must have current license tags.
5. 5.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
6. 6.
  All repairs must occur within a completely enclosed building.
E.
Vehicle Maintenance and Repair, Major. Uses that primarily conduct motor vehicle body work and repairs or that apply paint to the exterior or interior surfaces of motor vehicles by spraying, dipping, flow-coating or other similar means. Major vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  Vehicles awaiting repair or pick-up must be screened from view of rights-of-way.
5. 5.
  All vehicles must have current license tags.
6. 6.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
7. 7.
  All repairs must occur within a completely enclosed building.

3.5.19 SPORTS AND RECREATION, PRIVATE/PARTICIPANT

A.
Indoor. Participant sports and recreation uses conducted entirely within buildings.
B.
Outdoor. Participant sports and recreation uses conducted wholly or partially outside of buildings.

3.5.20 VEHICLE SALES AND SERVICE

A.
Fuel Station

1.
A use engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops, which are regulated as industrial service uses and which may include retail sales of convenience items.
2.
Fuel stations are subject to the applicable building type regulations in Article 2 of chapter 135 of this code and accessory structure regulations in section 135-2.22.3 of this code.

B.
Vehicle Sales. Uses primarily engaged in the sales of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The sale of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle sales are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.
C.
Vehicle Rentals. Uses primarily engaged in the rental of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The rental of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle rentals are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.

D.
Vehicle Maintenance and Repair, Minor. Uses that repair, install or maintain the mechanical components of automobiles, trucks, vans, trailers or motorcycles or that wash, clean or otherwise protect the exterior or interior surfaces of such vehicles. Minor vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  All vehicles must have current license tags.
5. 5.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
6. 6.
  All repairs must occur within a completely enclosed building.
E.
Vehicle Maintenance and Repair, Major. Uses that primarily conduct motor vehicle body work and repairs or that apply paint to the exterior or interior surfaces of motor vehicles by spraying, dipping, flow-coating or other similar means. Major vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  Vehicles awaiting repair or pick-up must be screened from view of rights-of-way.
5. 5.
  All vehicles must have current license tags.
6. 6.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
7. 7.
  All repairs must occur within a completely enclosed building.

3.5.19 SPORTS AND RECREATION, PRIVATE/PARTICIPANT

A.
Indoor. Participant sports and recreation uses conducted entirely within buildings.
B.
Outdoor. Participant sports and recreation uses conducted wholly or partially outside of buildings.

3.5.20 VEHICLE SALES AND SERVICE

A.
Fuel Station

1.
A use engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops, which are regulated as industrial service uses and which may include retail sales of convenience items.
2.
Fuel stations are subject to the applicable building type regulations in Article 2 of chapter 135 of this code and accessory structure regulations in section 135-2.22.3 of this code.

B.
Vehicle Sales. Uses primarily engaged in the sales of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The sale of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle sales are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.
C.
Vehicle Rentals. Uses primarily engaged in the rental of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The rental of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle rentals are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.

D.
Vehicle Maintenance and Repair, Minor. Uses that repair, install or maintain the mechanical components of automobiles, trucks, vans, trailers or motorcycles or that wash, clean or otherwise protect the exterior or interior surfaces of such vehicles. Minor vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  All vehicles must have current license tags.
5. 5.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
6. 6.
  All repairs must occur within a completely enclosed building.
E.
Vehicle Maintenance and Repair, Major. Uses that primarily conduct motor vehicle body work and repairs or that apply paint to the exterior or interior surfaces of motor vehicles by spraying, dipping, flow-coating or other similar means. Major vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  Vehicles awaiting repair or pick-up must be screened from view of rights-of-way.
5. 5.
  All vehicles must have current license tags.
6. 6.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
7. 7.
  All repairs must occur within a completely enclosed building.

3.5.19 SPORTS AND RECREATION, PRIVATE/PARTICIPANT

A.
Indoor. Participant sports and recreation uses conducted entirely within buildings.
B.
Outdoor. Participant sports and recreation uses conducted wholly or partially outside of buildings.

3.5.20 VEHICLE SALES AND SERVICE

A.
Fuel Station

1.
A use engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops, which are regulated as industrial service uses and which may include retail sales of convenience items.
2.
Fuel stations are subject to the applicable building type regulations in Article 2 of chapter 135 of this code and accessory structure regulations in section 135-2.22.3 of this code.

B.
Vehicle Sales. Uses primarily engaged in the sales of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The sale of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle sales are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.
C.
Vehicle Rentals. Uses primarily engaged in the rental of personal, consumer-oriented motor vehicles, such as automobiles, pick-up trucks, motorcycles and personal watercraft. The rental of large trucks, construction equipment, agricultural equipment, aircraft or similar large vehicles are regulated as trucking and transportation terminals pursuant to section 134-3.6.3 of this article. Vehicle rentals are also subject to sections 134-6.3.12 of this chapter and 135-2.1.4.D of this code.

D.
Vehicle Maintenance and Repair, Minor. Uses that repair, install or maintain the mechanical components of automobiles, trucks, vans, trailers or motorcycles or that wash, clean or otherwise protect the exterior or interior surfaces of such vehicles. Minor vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  All vehicles must have current license tags.
5. 5.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
6. 6.
  All repairs must occur within a completely enclosed building.
E.
Vehicle Maintenance and Repair, Major. Uses that primarily conduct motor vehicle body work and repairs or that apply paint to the exterior or interior surfaces of motor vehicles by spraying, dipping, flow-coating or other similar means. Major vehicle maintenance and repair uses are subject to the following supplemental use regulations:
1. 1.
  No more than three vehicles per bay may be stored outdoors while awaiting repair or pick-up.
2. 2.
  No long-term outdoor storage of vehicles beyond 72 hours is allowed.
3. 3.
  Vehicles awaiting repair or pick-up may not occupy required parking spaces.
4. 4.
  Vehicles awaiting repair or pick-up must be screened from view of rights-of-way.
5. 5.
  All vehicles must have current license tags.
6. 6.
  Outdoor storage of junk, debris, tires or vehicle parts is prohibited.
7. 7.
  All repairs must occur within a completely enclosed building.

134-3. USES

Industrial Use Category

134-3.6 Industrial Use Category

3.6.1 FABRICATION AND PRODUCTION

Uses primarily involved in the manufacturing, processing, fabrication, packaging, or assembly of goods made for the wholesale market, for transfer to other plants, or for firms or consumers.

A.
Artisan. Uses involved in the creation of baked goods, meals or food products, art works or custom goods by hand manufacturing involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking or loading, but which must include retail sales of goods produced on-site with a sales area of at least 625 square feet, with direct access from the main building entrance, and may include residential use.^♦
B.
Limited. Uses are artisan without retail sales or residential use, and uses that process, fabricate, assemble, treat, or package finished parts or products without the use of explosive or petroleum materials in a completely enclosed building. This subcategory does not include the assembly of large equipment and machinery and has very limited external impacts in terms of noise, vibration, odor, hours of operation, and traffic. Common examples include apparel manufacturing, bakery products manufacturing, bottling plants, cabinet making, ice manufacturing, microbreweries, micro distilleries, musical instrument manufacturing, newspaper printing and binderies.
C.
General. Uses that process, fabricate, assemble, or treat materials for the production of large equipment and machines as well as fabrication and production uses that because of their scale or method of operation may produce odors, dust, noise, vibration, truck traffic or other external impacts that are detectable beyond the property lines of the subject property but not a nuisance level. Common examples include dairy products manufacturing,

D.
Intensive. Uses that regularly use hazardous chemicals or procedures or produce hazardous byproducts, including the following: manufacturing of acetylene, cement, lime, gypsum or plaster of-paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, radioactive materials, and above ground storage of flammable and combustible liquids in excess of 1,000 gallons. This subcategory also includes petrochemical tank farms, gasification plants, foundries, chrome plating, smelting, electroplating, fiberglass manufacturing, animal slaughtering, oil refining, asphalt and concrete plants, flour mills, paper products manufacturing, and tanneries. Intensive industrial uses have high potential for external impacts on the surrounding area in terms of noise, vibration, odor, hours of operation, and traffic.
E.
Supplemental Use Regulations. Fabrication and production uses are subject to the following:
1. 1.
  No part of the use may be a residential use, except for artisan uses.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  The owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  The use shall be operated in strict conformance with the written statement provided to the neighborhood services director.

134-3.6 Industrial Use Category

3.6.1 FABRICATION AND PRODUCTION

Uses primarily involved in the manufacturing, processing, fabrication, packaging, or assembly of goods made for the wholesale market, for transfer to other plants, or for firms or consumers.

A.
Artisan. Uses involved in the creation of baked goods, meals or food products, art works or custom goods by hand manufacturing involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking or loading, but which must include retail sales of goods produced on-site with a sales area of at least 625 square feet, with direct access from the main building entrance, and may include residential use.^♦
B.
Limited. Uses are artisan without retail sales or residential use, and uses that process, fabricate, assemble, treat, or package finished parts or products without the use of explosive or petroleum materials in a completely enclosed building. This subcategory does not include the assembly of large equipment and machinery and has very limited external impacts in terms of noise, vibration, odor, hours of operation, and traffic. Common examples include apparel manufacturing, bakery products manufacturing, bottling plants, cabinet making, ice manufacturing, microbreweries, micro distilleries, musical instrument manufacturing, newspaper printing and binderies.
C.
General. Uses that process, fabricate, assemble, or treat materials for the production of large equipment and machines as well as fabrication and production uses that because of their scale or method of operation may produce odors, dust, noise, vibration, truck traffic or other external impacts that are detectable beyond the property lines of the subject property but not a nuisance level. Common examples include dairy products manufacturing,

D.
Intensive. Uses that regularly use hazardous chemicals or procedures or produce hazardous byproducts, including the following: manufacturing of acetylene, cement, lime, gypsum or plaster of-paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, radioactive materials, and above ground storage of flammable and combustible liquids in excess of 1,000 gallons. This subcategory also includes petrochemical tank farms, gasification plants, foundries, chrome plating, smelting, electroplating, fiberglass manufacturing, animal slaughtering, oil refining, asphalt and concrete plants, flour mills, paper products manufacturing, and tanneries. Intensive industrial uses have high potential for external impacts on the surrounding area in terms of noise, vibration, odor, hours of operation, and traffic.
E.
Supplemental Use Regulations. Fabrication and production uses are subject to the following:
1. 1.
  No part of the use may be a residential use, except for artisan uses.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  The owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  The use shall be operated in strict conformance with the written statement provided to the neighborhood services director.

134-3.6 Industrial Use Category

3.6.1 FABRICATION AND PRODUCTION

Uses primarily involved in the manufacturing, processing, fabrication, packaging, or assembly of goods made for the wholesale market, for transfer to other plants, or for firms or consumers.

A.
Artisan. Uses involved in the creation of baked goods, meals or food products, art works or custom goods by hand manufacturing involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking or loading, but which must include retail sales of goods produced on-site with a sales area of at least 625 square feet, with direct access from the main building entrance, and may include residential use.^♦
B.
Limited. Uses are artisan without retail sales or residential use, and uses that process, fabricate, assemble, treat, or package finished parts or products without the use of explosive or petroleum materials in a completely enclosed building. This subcategory does not include the assembly of large equipment and machinery and has very limited external impacts in terms of noise, vibration, odor, hours of operation, and traffic. Common examples include apparel manufacturing, bakery products manufacturing, bottling plants, cabinet making, ice manufacturing, microbreweries, micro distilleries, musical instrument manufacturing, newspaper printing and binderies.
C.
General. Uses that process, fabricate, assemble, or treat materials for the production of large equipment and machines as well as fabrication and production uses that because of their scale or method of operation may produce odors, dust, noise, vibration, truck traffic or other external impacts that are detectable beyond the property lines of the subject property but not a nuisance level. Common examples include dairy products manufacturing,

D.
Intensive. Uses that regularly use hazardous chemicals or procedures or produce hazardous byproducts, including the following: manufacturing of acetylene, cement, lime, gypsum or plaster of-paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, radioactive materials, and above ground storage of flammable and combustible liquids in excess of 1,000 gallons. This subcategory also includes petrochemical tank farms, gasification plants, foundries, chrome plating, smelting, electroplating, fiberglass manufacturing, animal slaughtering, oil refining, asphalt and concrete plants, flour mills, paper products manufacturing, and tanneries. Intensive industrial uses have high potential for external impacts on the surrounding area in terms of noise, vibration, odor, hours of operation, and traffic.
E.
Supplemental Use Regulations. Fabrication and production uses are subject to the following:
1. 1.
  No part of the use may be a residential use, except for artisan uses.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  The owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  The use shall be operated in strict conformance with the written statement provided to the neighborhood services director.

134-3.6 Industrial Use Category

3.6.1 FABRICATION AND PRODUCTION

Uses primarily involved in the manufacturing, processing, fabrication, packaging, or assembly of goods made for the wholesale market, for transfer to other plants, or for firms or consumers.

A.
Artisan. Uses involved in the creation of baked goods, meals or food products, art works or custom goods by hand manufacturing involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking or loading, but which must include retail sales of goods produced on-site with a sales area of at least 625 square feet, with direct access from the main building entrance, and may include residential use.^♦
B.
Limited. Uses are artisan without retail sales or residential use, and uses that process, fabricate, assemble, treat, or package finished parts or products without the use of explosive or petroleum materials in a completely enclosed building. This subcategory does not include the assembly of large equipment and machinery and has very limited external impacts in terms of noise, vibration, odor, hours of operation, and traffic. Common examples include apparel manufacturing, bakery products manufacturing, bottling plants, cabinet making, ice manufacturing, microbreweries, micro distilleries, musical instrument manufacturing, newspaper printing and binderies.
C.
General. Uses that process, fabricate, assemble, or treat materials for the production of large equipment and machines as well as fabrication and production uses that because of their scale or method of operation may produce odors, dust, noise, vibration, truck traffic or other external impacts that are detectable beyond the property lines of the subject property but not a nuisance level. Common examples include dairy products manufacturing,

D.
Intensive. Uses that regularly use hazardous chemicals or procedures or produce hazardous byproducts, including the following: manufacturing of acetylene, cement, lime, gypsum or plaster of-paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins, radioactive materials, and above ground storage of flammable and combustible liquids in excess of 1,000 gallons. This subcategory also includes petrochemical tank farms, gasification plants, foundries, chrome plating, smelting, electroplating, fiberglass manufacturing, animal slaughtering, oil refining, asphalt and concrete plants, flour mills, paper products manufacturing, and tanneries. Intensive industrial uses have high potential for external impacts on the surrounding area in terms of noise, vibration, odor, hours of operation, and traffic.
E.
Supplemental Use Regulations. Fabrication and production uses are subject to the following:
1. 1.
  No part of the use may be a residential use, except for artisan uses.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  The owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  The use shall be operated in strict conformance with the written statement provided to the neighborhood services director.

134-3. USES

Industrial Use Category

3.6.2 INDUSTRIAL SERVICE

Uses engaged in the construction, maintenance, repair or servicing of residential, commercial, or industrial buildings, machinery and materials.^♦

A.
Light.
Uses involved in construction, repair and maintenance, but not involving outdoor storage areas. Examples include janitorial, carpet cleaning, extermination, plumbing, electrical, window cleaning, general contracting services and similar building maintenance services. ^♦
B.
Intensive.
Light uses involving outdoor storage areas and uses involved in repair and maintenance directly to business consumers or involving large equipment. Examples include welding shops; machine shops; publishing and lithography; redemption centers; laundry, dry-cleaning, and carpet cleaning plants; photofinishing laboratories; and construction, maintenance and repair services that are not otherwise classified.^♦
C.
Supplemental Use Regulations.
Industrial service uses are subject to the following:
1. 1.
  No part of the use may be a residential use.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  For intensive uses, the owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  For intensive uses, the use shall be operated in strict conformance with the written statement provided to the neighborhood services director.
5. 5.
  For intensive uses, all outdoor storage areas shall be designed to allow no part of any stored material, vehicles or equipment to encroach into the required setbacks.

6.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.

3.6.3 STORAGE, DISTRIBUTION AND WHOLESALING

A.
Equipment and Materials Storage, Outdoor. Uses, excluding junk and salvage yards, that constitute outdoor storage of equipment, products or materials, whether or not stored in containers. All such uses shall comply with the requirements of subsections B, C, D, and E of section 134-3.9.6 of this article.^♦
B.
Trucking and Transportation Terminals, Minor. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of medical transport vans, taxis and limousines.^♦
C.
Trucking and Transportation Terminals, Major. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of large trucks, buses, construction equipment, agricultural equipment and similar large vehicles, including parcel service delivery vehicles. Also includes uses engaged in the moving of household or office furniture, appliances and equipment from one location to another, including the temporary on-site storage of those items.^♦
D.
Warehouse. Uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods, including wholesale sales and distribution of goods, and that do not meet the definition of “self-service storage” use or a “trucking and transportation terminal.” Such uses may include incidental retail sales and wholesale showrooms. Expressly includes the following uses: bottled gas and fuel oil sales, flea markets, ice distribution centers, monument sales, portable storage building sales, vending machine sales, auctioneers, and frozen food lockers.^♦

3.6.2 INDUSTRIAL SERVICE

Uses engaged in the construction, maintenance, repair or servicing of residential, commercial, or industrial buildings, machinery and materials.^♦

A.
Light.
Uses involved in construction, repair and maintenance, but not involving outdoor storage areas. Examples include janitorial, carpet cleaning, extermination, plumbing, electrical, window cleaning, general contracting services and similar building maintenance services. ^♦
B.
Intensive.
Light uses involving outdoor storage areas and uses involved in repair and maintenance directly to business consumers or involving large equipment. Examples include welding shops; machine shops; publishing and lithography; redemption centers; laundry, dry-cleaning, and carpet cleaning plants; photofinishing laboratories; and construction, maintenance and repair services that are not otherwise classified.^♦
C.
Supplemental Use Regulations.
Industrial service uses are subject to the following:
1. 1.
  No part of the use may be a residential use.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  For intensive uses, the owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  For intensive uses, the use shall be operated in strict conformance with the written statement provided to the neighborhood services director.
5. 5.
  For intensive uses, all outdoor storage areas shall be designed to allow no part of any stored material, vehicles or equipment to encroach into the required setbacks.

6.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.

3.6.3 STORAGE, DISTRIBUTION AND WHOLESALING

A.
Equipment and Materials Storage, Outdoor. Uses, excluding junk and salvage yards, that constitute outdoor storage of equipment, products or materials, whether or not stored in containers. All such uses shall comply with the requirements of subsections B, C, D, and E of section 134-3.9.6 of this article.^♦
B.
Trucking and Transportation Terminals, Minor. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of medical transport vans, taxis and limousines.^♦
C.
Trucking and Transportation Terminals, Major. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of large trucks, buses, construction equipment, agricultural equipment and similar large vehicles, including parcel service delivery vehicles. Also includes uses engaged in the moving of household or office furniture, appliances and equipment from one location to another, including the temporary on-site storage of those items.^♦
D.
Warehouse. Uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods, including wholesale sales and distribution of goods, and that do not meet the definition of “self-service storage” use or a “trucking and transportation terminal.” Such uses may include incidental retail sales and wholesale showrooms. Expressly includes the following uses: bottled gas and fuel oil sales, flea markets, ice distribution centers, monument sales, portable storage building sales, vending machine sales, auctioneers, and frozen food lockers.^♦

3.6.2 INDUSTRIAL SERVICE

Uses engaged in the construction, maintenance, repair or servicing of residential, commercial, or industrial buildings, machinery and materials.^♦

A.
Light.
Uses involved in construction, repair and maintenance, but not involving outdoor storage areas. Examples include janitorial, carpet cleaning, extermination, plumbing, electrical, window cleaning, general contracting services and similar building maintenance services. ^♦
B.
Intensive.
Light uses involving outdoor storage areas and uses involved in repair and maintenance directly to business consumers or involving large equipment. Examples include welding shops; machine shops; publishing and lithography; redemption centers; laundry, dry-cleaning, and carpet cleaning plants; photofinishing laboratories; and construction, maintenance and repair services that are not otherwise classified.^♦
C.
Supplemental Use Regulations.
Industrial service uses are subject to the following:
1. 1.
  No part of the use may be a residential use.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  For intensive uses, the owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  For intensive uses, the use shall be operated in strict conformance with the written statement provided to the neighborhood services director.
5. 5.
  For intensive uses, all outdoor storage areas shall be designed to allow no part of any stored material, vehicles or equipment to encroach into the required setbacks.

6.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.

3.6.3 STORAGE, DISTRIBUTION AND WHOLESALING

A.
Equipment and Materials Storage, Outdoor. Uses, excluding junk and salvage yards, that constitute outdoor storage of equipment, products or materials, whether or not stored in containers. All such uses shall comply with the requirements of subsections B, C, D, and E of section 134-3.9.6 of this article.^♦
B.
Trucking and Transportation Terminals, Minor. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of medical transport vans, taxis and limousines.^♦
C.
Trucking and Transportation Terminals, Major. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of large trucks, buses, construction equipment, agricultural equipment and similar large vehicles, including parcel service delivery vehicles. Also includes uses engaged in the moving of household or office furniture, appliances and equipment from one location to another, including the temporary on-site storage of those items.^♦
D.
Warehouse. Uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods, including wholesale sales and distribution of goods, and that do not meet the definition of “self-service storage” use or a “trucking and transportation terminal.” Such uses may include incidental retail sales and wholesale showrooms. Expressly includes the following uses: bottled gas and fuel oil sales, flea markets, ice distribution centers, monument sales, portable storage building sales, vending machine sales, auctioneers, and frozen food lockers.^♦

3.6.2 INDUSTRIAL SERVICE

Uses engaged in the construction, maintenance, repair or servicing of residential, commercial, or industrial buildings, machinery and materials.^♦

A.
Light.
Uses involved in construction, repair and maintenance, but not involving outdoor storage areas. Examples include janitorial, carpet cleaning, extermination, plumbing, electrical, window cleaning, general contracting services and similar building maintenance services. ^♦
B.
Intensive.
Light uses involving outdoor storage areas and uses involved in repair and maintenance directly to business consumers or involving large equipment. Examples include welding shops; machine shops; publishing and lithography; redemption centers; laundry, dry-cleaning, and carpet cleaning plants; photofinishing laboratories; and construction, maintenance and repair services that are not otherwise classified.^♦
C.
Supplemental Use Regulations.
Industrial service uses are subject to the following:
1. 1.
  No part of the use may be a residential use.
2. 2.
  No odors, gases, noise, vibration, pollution of air, water or soil, or lighting shall be emitted onto any adjoining property so as to create a nuisance.
3. 3.
  For intensive uses, the owner or occupant must provide the neighborhood services director with an acceptable written statement describing the use and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use; and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
4. 4.
  For intensive uses, the use shall be operated in strict conformance with the written statement provided to the neighborhood services director.
5. 5.
  For intensive uses, all outdoor storage areas shall be designed to allow no part of any stored material, vehicles or equipment to encroach into the required setbacks.

6.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.

3.6.3 STORAGE, DISTRIBUTION AND WHOLESALING

A.
Equipment and Materials Storage, Outdoor. Uses, excluding junk and salvage yards, that constitute outdoor storage of equipment, products or materials, whether or not stored in containers. All such uses shall comply with the requirements of subsections B, C, D, and E of section 134-3.9.6 of this article.^♦
B.
Trucking and Transportation Terminals, Minor. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of medical transport vans, taxis and limousines.^♦
C.
Trucking and Transportation Terminals, Major. Uses engaged in the sales, rental, dispatching, servicing and repair, or long-term or short-term storage of large trucks, buses, construction equipment, agricultural equipment and similar large vehicles, including parcel service delivery vehicles. Also includes uses engaged in the moving of household or office furniture, appliances and equipment from one location to another, including the temporary on-site storage of those items.^♦
D.
Warehouse. Uses conducted within a completely enclosed building that are engaged in long-term and short-term storage of goods, including wholesale sales and distribution of goods, and that do not meet the definition of “self-service storage” use or a “trucking and transportation terminal.” Such uses may include incidental retail sales and wholesale showrooms. Expressly includes the following uses: bottled gas and fuel oil sales, flea markets, ice distribution centers, monument sales, portable storage building sales, vending machine sales, auctioneers, and frozen food lockers.^♦

134-3. USES

Industrial Use Category

E.
Supplemental Use Regulations. Storage, distribution, and wholesaling uses are subject to the following:^♦

1.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.
2.
No part of the use may be a residential use.
3.
No odors, gases, noise, vibration, pollution of air, water or soil, or lighting is emitted onto any adjoining property so as to create a nuisance.
4.
The owner or occupant has provided the neighborhood services department with a written statement upon a form acceptable to the neighborhood services director describing the use to occur upon the property and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use, and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
5.
The use shall be operated in strict conformance with the statement provided pursuant to paragraph 4, above.

3.6.4 JUNK OR SALVAGE YARD

A.
Description. A building or open area where waste, scrap, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, processed, recycled, or handled for reclamation, disposal or other similar purposes, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles encompassing either:
1. 1.
  An area of 200 square feet or more; or
2. 2.
  Two or more inoperable motor vehicles, or used parts and materials thereof, which taken together equal the bulk of two or more motor vehicles.
For purposes of this chapter and chapter 135 of this code, references to “junk or salvage yard” include solid waste transfer stations and appliance demanufacturing.^♦

B.
Supplemental Use Regulations. Junk or salvage yard uses are subject to the following:
1. 1.
  All driveways, parking lots and areas used for temporary storage of vehicles must be surfaced with an asphaltic or Portland cement binder pavement or such other surfaces approved by the city engineer so as to provide a durable and dustless surface, and must be graded to properly drain all surface water accumulation within the area.
2. 2.
  All areas outside a completely enclosed building used for the storage of inoperable or unsafe vehicles, junk or salvage materials must be enclosed on all sides by a solid opaque fence and gates at least eight feet in height and of uniform design and color, so as to effectively screen such areas from public view. If such area abuts an area upon the adjoining property that is also used for the storage of inoperable or unsafe vehicles, junk or salvage materials, no fence or setback is required along the common property line while such adjoining use continues. All fences shall be maintained in good repair.
3. 3.
  Junk and salvage materials may not be stacked higher than the perimeter fence within 75 feet of the fence and may not be stacked higher than 25 feet anywhere on the site.
4. 4.
  The dismantling or repair of vehicles shall occur only upon an impermeable surface with adequate provision for the collection and disposal of fluids and wastes.^♦
5. 5.
  Any junk or salvage yard shall provide a paved area for the receipt and temporary storage of material, which is screened from the adjoining public right-of-way.
6. 6.
  The best practical control technology shall be employed to minimize any obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance generated by the proposed use, and the best practical means known shall be employed for the disposal of refuse matter.
7. 7.
  Any junk or salvage yard requiring a license or permit from the Iowa Department of Natural Resources or similar State agency shall provide proof of valid license or permit, as applicable, to the neighborhood services department prior to commencing such use and following any amendment or renewal to said license or permit.^♦

E.
Supplemental Use Regulations. Storage, distribution, and wholesaling uses are subject to the following:^♦

1.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.
2.
No part of the use may be a residential use.
3.
No odors, gases, noise, vibration, pollution of air, water or soil, or lighting is emitted onto any adjoining property so as to create a nuisance.
4.
The owner or occupant has provided the neighborhood services department with a written statement upon a form acceptable to the neighborhood services director describing the use to occur upon the property and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use, and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
5.
The use shall be operated in strict conformance with the statement provided pursuant to paragraph 4, above.

3.6.4 JUNK OR SALVAGE YARD

A.
Description. A building or open area where waste, scrap, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, processed, recycled, or handled for reclamation, disposal or other similar purposes, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles encompassing either:
1. 1.
  An area of 200 square feet or more; or
2. 2.
  Two or more inoperable motor vehicles, or used parts and materials thereof, which taken together equal the bulk of two or more motor vehicles.
For purposes of this chapter and chapter 135 of this code, references to “junk or salvage yard” include solid waste transfer stations and appliance demanufacturing.^♦

B.
Supplemental Use Regulations. Junk or salvage yard uses are subject to the following:
1. 1.
  All driveways, parking lots and areas used for temporary storage of vehicles must be surfaced with an asphaltic or Portland cement binder pavement or such other surfaces approved by the city engineer so as to provide a durable and dustless surface, and must be graded to properly drain all surface water accumulation within the area.
2. 2.
  All areas outside a completely enclosed building used for the storage of inoperable or unsafe vehicles, junk or salvage materials must be enclosed on all sides by a solid opaque fence and gates at least eight feet in height and of uniform design and color, so as to effectively screen such areas from public view. If such area abuts an area upon the adjoining property that is also used for the storage of inoperable or unsafe vehicles, junk or salvage materials, no fence or setback is required along the common property line while such adjoining use continues. All fences shall be maintained in good repair.
3. 3.
  Junk and salvage materials may not be stacked higher than the perimeter fence within 75 feet of the fence and may not be stacked higher than 25 feet anywhere on the site.
4. 4.
  The dismantling or repair of vehicles shall occur only upon an impermeable surface with adequate provision for the collection and disposal of fluids and wastes.^♦
5. 5.
  Any junk or salvage yard shall provide a paved area for the receipt and temporary storage of material, which is screened from the adjoining public right-of-way.
6. 6.
  The best practical control technology shall be employed to minimize any obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance generated by the proposed use, and the best practical means known shall be employed for the disposal of refuse matter.
7. 7.
  Any junk or salvage yard requiring a license or permit from the Iowa Department of Natural Resources or similar State agency shall provide proof of valid license or permit, as applicable, to the neighborhood services department prior to commencing such use and following any amendment or renewal to said license or permit.^♦

E.
Supplemental Use Regulations. Storage, distribution, and wholesaling uses are subject to the following:^♦

1.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.
2.
No part of the use may be a residential use.
3.
No odors, gases, noise, vibration, pollution of air, water or soil, or lighting is emitted onto any adjoining property so as to create a nuisance.
4.
The owner or occupant has provided the neighborhood services department with a written statement upon a form acceptable to the neighborhood services director describing the use to occur upon the property and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use, and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
5.
The use shall be operated in strict conformance with the statement provided pursuant to paragraph 4, above.

3.6.4 JUNK OR SALVAGE YARD

A.
Description. A building or open area where waste, scrap, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, processed, recycled, or handled for reclamation, disposal or other similar purposes, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles encompassing either:
1. 1.
  An area of 200 square feet or more; or
2. 2.
  Two or more inoperable motor vehicles, or used parts and materials thereof, which taken together equal the bulk of two or more motor vehicles.
For purposes of this chapter and chapter 135 of this code, references to “junk or salvage yard” include solid waste transfer stations and appliance demanufacturing.^♦

B.
Supplemental Use Regulations. Junk or salvage yard uses are subject to the following:
1. 1.
  All driveways, parking lots and areas used for temporary storage of vehicles must be surfaced with an asphaltic or Portland cement binder pavement or such other surfaces approved by the city engineer so as to provide a durable and dustless surface, and must be graded to properly drain all surface water accumulation within the area.
2. 2.
  All areas outside a completely enclosed building used for the storage of inoperable or unsafe vehicles, junk or salvage materials must be enclosed on all sides by a solid opaque fence and gates at least eight feet in height and of uniform design and color, so as to effectively screen such areas from public view. If such area abuts an area upon the adjoining property that is also used for the storage of inoperable or unsafe vehicles, junk or salvage materials, no fence or setback is required along the common property line while such adjoining use continues. All fences shall be maintained in good repair.
3. 3.
  Junk and salvage materials may not be stacked higher than the perimeter fence within 75 feet of the fence and may not be stacked higher than 25 feet anywhere on the site.
4. 4.
  The dismantling or repair of vehicles shall occur only upon an impermeable surface with adequate provision for the collection and disposal of fluids and wastes.^♦
5. 5.
  Any junk or salvage yard shall provide a paved area for the receipt and temporary storage of material, which is screened from the adjoining public right-of-way.
6. 6.
  The best practical control technology shall be employed to minimize any obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance generated by the proposed use, and the best practical means known shall be employed for the disposal of refuse matter.
7. 7.
  Any junk or salvage yard requiring a license or permit from the Iowa Department of Natural Resources or similar State agency shall provide proof of valid license or permit, as applicable, to the neighborhood services department prior to commencing such use and following any amendment or renewal to said license or permit.^♦

E.
Supplemental Use Regulations. Storage, distribution, and wholesaling uses are subject to the following:^♦

1.
Outdoor storage of inoperable or unsafe vehicles in quantities constituting a junk or salvage yard is prohibited.
2.
No part of the use may be a residential use.
3.
No odors, gases, noise, vibration, pollution of air, water or soil, or lighting is emitted onto any adjoining property so as to create a nuisance.
4.
The owner or occupant has provided the neighborhood services department with a written statement upon a form acceptable to the neighborhood services director describing the use to occur upon the property and the nature of any odors, gases, noise, vibration, and other environmental impacts that may be generated by such use, and certifying that the use upon the property will be operated in a manner that does not permit any odors, gases, noise, vibration, pollution of air, water or soil, or lighting to be emitted onto any adjoining property so as to create a nuisance.
5.
The use shall be operated in strict conformance with the statement provided pursuant to paragraph 4, above.

3.6.4 JUNK OR SALVAGE YARD

A.
Description. A building or open area where waste, scrap, used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, crushed, processed, recycled, or handled for reclamation, disposal or other similar purposes, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles encompassing either:
1. 1.
  An area of 200 square feet or more; or
2. 2.
  Two or more inoperable motor vehicles, or used parts and materials thereof, which taken together equal the bulk of two or more motor vehicles.
For purposes of this chapter and chapter 135 of this code, references to “junk or salvage yard” include solid waste transfer stations and appliance demanufacturing.^♦

B.
Supplemental Use Regulations. Junk or salvage yard uses are subject to the following:
1. 1.
  All driveways, parking lots and areas used for temporary storage of vehicles must be surfaced with an asphaltic or Portland cement binder pavement or such other surfaces approved by the city engineer so as to provide a durable and dustless surface, and must be graded to properly drain all surface water accumulation within the area.
2. 2.
  All areas outside a completely enclosed building used for the storage of inoperable or unsafe vehicles, junk or salvage materials must be enclosed on all sides by a solid opaque fence and gates at least eight feet in height and of uniform design and color, so as to effectively screen such areas from public view. If such area abuts an area upon the adjoining property that is also used for the storage of inoperable or unsafe vehicles, junk or salvage materials, no fence or setback is required along the common property line while such adjoining use continues. All fences shall be maintained in good repair.
3. 3.
  Junk and salvage materials may not be stacked higher than the perimeter fence within 75 feet of the fence and may not be stacked higher than 25 feet anywhere on the site.
4. 4.
  The dismantling or repair of vehicles shall occur only upon an impermeable surface with adequate provision for the collection and disposal of fluids and wastes.^♦
5. 5.
  Any junk or salvage yard shall provide a paved area for the receipt and temporary storage of material, which is screened from the adjoining public right-of-way.
6. 6.
  The best practical control technology shall be employed to minimize any obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance generated by the proposed use, and the best practical means known shall be employed for the disposal of refuse matter.
7. 7.
  Any junk or salvage yard requiring a license or permit from the Iowa Department of Natural Resources or similar State agency shall provide proof of valid license or permit, as applicable, to the neighborhood services department prior to commencing such use and following any amendment or renewal to said license or permit.^♦

134-3. USES

Agricultural Use Category

3.6.5 MINING OR MINERAL PROCESSING

134-3.7 Agricultural Use Category

3.7.1 AQUACULTURE, AQUAPONICS, AEROPONICS OR HYDROPONICS^♦

A.
Shall be conducted within a building unless located in an agricultural district.
B.
Shall be operated in a manner that does not create odor or attract vectors or pests.

3.7.2 GREENHOUSES, NURSERY, ORCHARD OR TRUCK FARM^♦

3.7.3 ROW CROP PRODUCTION^♦

An area managed and maintained by an individual, group or business entity to grow row crops. This use typically utilizes large scale equipment and large tracts of land.

3.7.4 URBAN GARDEN^♦

Areas utilized for the production of crops for profit or non-profit. An urban garden may be divided into separate garden

A.
Gardens that are accessory to a household living use are

exempt from these supplemental use regulations.

B.
Unless permitted in the subject zoning district, on-site sales shall be limited as follows:
1. 1.
  Only crops grown on the site may be sold on site.
2. 2.
  On-site sales may occur during the hours of 7:00 AM to 7:00 PM. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
3. 3.
  Sale events shall be limited to a total of no more than sixteen (16) days in any calendar year, with each sale event limited to no more than two consecutive days in duration. These limits apply on a per-site basis, regardless of the person conducting the sale. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
4. 4.
  Vending machines or other similar equipment shall be located within a building that is compliant with chapter 135 of this code.
C.
Gardening equipment shall be limited to handheld or walk-behind equipment or sub-compact tractor size typical of residential use.
D.
All equipment must be stored in a completely enclosed building when not in use.
E.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
F.
The garden site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
G.
On-site trash, recycling and compost containers must be located and maintained as far as practicable from residential household units located on other lots.
H.
A sign must be posted on the subject property identifying

3.6.5 MINING OR MINERAL PROCESSING

134-3.7 Agricultural Use Category

3.7.1 AQUACULTURE, AQUAPONICS, AEROPONICS OR HYDROPONICS^♦

A.
Shall be conducted within a building unless located in an agricultural district.
B.
Shall be operated in a manner that does not create odor or attract vectors or pests.

3.7.2 GREENHOUSES, NURSERY, ORCHARD OR TRUCK FARM^♦

3.7.3 ROW CROP PRODUCTION^♦

An area managed and maintained by an individual, group or business entity to grow row crops. This use typically utilizes large scale equipment and large tracts of land.

3.7.4 URBAN GARDEN^♦

Areas utilized for the production of crops for profit or non-profit. An urban garden may be divided into separate garden

A.
Gardens that are accessory to a household living use are

exempt from these supplemental use regulations.

B.
Unless permitted in the subject zoning district, on-site sales shall be limited as follows:
1. 1.
  Only crops grown on the site may be sold on site.
2. 2.
  On-site sales may occur during the hours of 7:00 AM to 7:00 PM. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
3. 3.
  Sale events shall be limited to a total of no more than sixteen (16) days in any calendar year, with each sale event limited to no more than two consecutive days in duration. These limits apply on a per-site basis, regardless of the person conducting the sale. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
4. 4.
  Vending machines or other similar equipment shall be located within a building that is compliant with chapter 135 of this code.
C.
Gardening equipment shall be limited to handheld or walk-behind equipment or sub-compact tractor size typical of residential use.
D.
All equipment must be stored in a completely enclosed building when not in use.
E.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
F.
The garden site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
G.
On-site trash, recycling and compost containers must be located and maintained as far as practicable from residential household units located on other lots.
H.
A sign must be posted on the subject property identifying

3.6.5 MINING OR MINERAL PROCESSING

134-3.7 Agricultural Use Category

3.7.1 AQUACULTURE, AQUAPONICS, AEROPONICS OR HYDROPONICS^♦

A.
Shall be conducted within a building unless located in an agricultural district.
B.
Shall be operated in a manner that does not create odor or attract vectors or pests.

3.7.2 GREENHOUSES, NURSERY, ORCHARD OR TRUCK FARM^♦

3.7.3 ROW CROP PRODUCTION^♦

An area managed and maintained by an individual, group or business entity to grow row crops. This use typically utilizes large scale equipment and large tracts of land.

3.7.4 URBAN GARDEN^♦

Areas utilized for the production of crops for profit or non-profit. An urban garden may be divided into separate garden

A.
Gardens that are accessory to a household living use are

exempt from these supplemental use regulations.

B.
Unless permitted in the subject zoning district, on-site sales shall be limited as follows:
1. 1.
  Only crops grown on the site may be sold on site.
2. 2.
  On-site sales may occur during the hours of 7:00 AM to 7:00 PM. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
3. 3.
  Sale events shall be limited to a total of no more than sixteen (16) days in any calendar year, with each sale event limited to no more than two consecutive days in duration. These limits apply on a per-site basis, regardless of the person conducting the sale. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
4. 4.
  Vending machines or other similar equipment shall be located within a building that is compliant with chapter 135 of this code.
C.
Gardening equipment shall be limited to handheld or walk-behind equipment or sub-compact tractor size typical of residential use.
D.
All equipment must be stored in a completely enclosed building when not in use.
E.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
F.
The garden site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
G.
On-site trash, recycling and compost containers must be located and maintained as far as practicable from residential household units located on other lots.
H.
A sign must be posted on the subject property identifying

3.6.5 MINING OR MINERAL PROCESSING

134-3.7 Agricultural Use Category

3.7.1 AQUACULTURE, AQUAPONICS, AEROPONICS OR HYDROPONICS^♦

A.
Shall be conducted within a building unless located in an agricultural district.
B.
Shall be operated in a manner that does not create odor or attract vectors or pests.

3.7.2 GREENHOUSES, NURSERY, ORCHARD OR TRUCK FARM^♦

3.7.3 ROW CROP PRODUCTION^♦

An area managed and maintained by an individual, group or business entity to grow row crops. This use typically utilizes large scale equipment and large tracts of land.

3.7.4 URBAN GARDEN^♦

Areas utilized for the production of crops for profit or non-profit. An urban garden may be divided into separate garden

A.
Gardens that are accessory to a household living use are

exempt from these supplemental use regulations.

B.
Unless permitted in the subject zoning district, on-site sales shall be limited as follows:
1. 1.
  Only crops grown on the site may be sold on site.
2. 2.
  On-site sales may occur during the hours of 7:00 AM to 7:00 PM. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
3. 3.
  Sale events shall be limited to a total of no more than sixteen (16) days in any calendar year, with each sale event limited to no more than two consecutive days in duration. These limits apply on a per-site basis, regardless of the person conducting the sale. This restriction does not apply to passive sales such as an unstaffed farmstand or vending machine.
4. 4.
  Vending machines or other similar equipment shall be located within a building that is compliant with chapter 135 of this code.
C.
Gardening equipment shall be limited to handheld or walk-behind equipment or sub-compact tractor size typical of residential use.
D.
All equipment must be stored in a completely enclosed building when not in use.
E.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
F.
The garden site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
G.
On-site trash, recycling and compost containers must be located and maintained as far as practicable from residential household units located on other lots.
H.
A sign must be posted on the subject property identifying

134-3. USES

Agricultural Use Category

I.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
J.
Accessory hydroponic, aeroponic, or other non-soil technology components of a garden shall be operated in a manner that does not create odor or attract vectors or pests.
K.
Any animal husbandry shall be in compliance with chapter 18 of this code.

3.7.5 URBAN FARM^♦

A.
Unless otherwise permitted in the subject zoning district, on-site sales shall take place between the hours of 7:00 AM and 7:00 PM.
B.
Farming equipment shall be limited to handheld or walk-behind equipment or compact tractor size typical of residential and commercial landscaping use.
C.
All equipment must be stored in a completely enclosed building when not in use.
D.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
E.
The site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
F.
On-site trash, recycling and compost containers must be

located and maintained as far as practicable from residential household units located on other lots.

G.
A sign must be posted on the subject property identifying the name and contact information of any farm operator and may identify the property owner or the owner’s agent. The sign must be at least four and no more than six square feet in area and be posted so that it is legible from the public right-of-way.
H.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
I.
Accessory hydroponic, aeroponic, or other non-soil technology components of a farm shall be operated in a manner that does not create odor or attract vectors or pests.
J.
Any animal husbandry shall be in compliance with chapter 18 of this code.

134-3.8 Other Use Category^♦

This category includes uses that are not covered, in full or in part, by the previously described use categories of this article.

3.8.1 CONSUMER FIREWORKS SALES^♦

A.
Retail sales of Consumer Fireworks, as defined in chapter 46 of this code, shall be permitted only in those zoning districts where such sales are specifically classified as permitted uses by applicable district regulations.
B.
In each zoning district where retail sales of Consumer Fireworks, as defined in chapter 46 of this code, are classified as a permitted use, such sales shall be undertaken in full compliance with chapter 46 of this code.^♦

134-3.9 Accessory Uses

3.9.1 GENERALLY APPLICABLE REGULATIONS

A.
Accessory Uses Allowed. Accessory uses are allowed only in connection with lawfully established principal uses.

I.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
J.
Accessory hydroponic, aeroponic, or other non-soil technology components of a garden shall be operated in a manner that does not create odor or attract vectors or pests.
K.
Any animal husbandry shall be in compliance with chapter 18 of this code.

3.7.5 URBAN FARM^♦

A.
Unless otherwise permitted in the subject zoning district, on-site sales shall take place between the hours of 7:00 AM and 7:00 PM.
B.
Farming equipment shall be limited to handheld or walk-behind equipment or compact tractor size typical of residential and commercial landscaping use.
C.
All equipment must be stored in a completely enclosed building when not in use.
D.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
E.
The site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
F.
On-site trash, recycling and compost containers must be

located and maintained as far as practicable from residential household units located on other lots.

G.
A sign must be posted on the subject property identifying the name and contact information of any farm operator and may identify the property owner or the owner’s agent. The sign must be at least four and no more than six square feet in area and be posted so that it is legible from the public right-of-way.
H.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
I.
Accessory hydroponic, aeroponic, or other non-soil technology components of a farm shall be operated in a manner that does not create odor or attract vectors or pests.
J.
Any animal husbandry shall be in compliance with chapter 18 of this code.

134-3.8 Other Use Category^♦

This category includes uses that are not covered, in full or in part, by the previously described use categories of this article.

3.8.1 CONSUMER FIREWORKS SALES^♦

A.
Retail sales of Consumer Fireworks, as defined in chapter 46 of this code, shall be permitted only in those zoning districts where such sales are specifically classified as permitted uses by applicable district regulations.
B.
In each zoning district where retail sales of Consumer Fireworks, as defined in chapter 46 of this code, are classified as a permitted use, such sales shall be undertaken in full compliance with chapter 46 of this code.^♦

134-3.9 Accessory Uses

3.9.1 GENERALLY APPLICABLE REGULATIONS

A.
Accessory Uses Allowed. Accessory uses are allowed only in connection with lawfully established principal uses.

I.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
J.
Accessory hydroponic, aeroponic, or other non-soil technology components of a garden shall be operated in a manner that does not create odor or attract vectors or pests.
K.
Any animal husbandry shall be in compliance with chapter 18 of this code.

3.7.5 URBAN FARM^♦

A.
Unless otherwise permitted in the subject zoning district, on-site sales shall take place between the hours of 7:00 AM and 7:00 PM.
B.
Farming equipment shall be limited to handheld or walk-behind equipment or compact tractor size typical of residential and commercial landscaping use.
C.
All equipment must be stored in a completely enclosed building when not in use.
D.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
E.
The site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
F.
On-site trash, recycling and compost containers must be

located and maintained as far as practicable from residential household units located on other lots.

G.
A sign must be posted on the subject property identifying the name and contact information of any farm operator and may identify the property owner or the owner’s agent. The sign must be at least four and no more than six square feet in area and be posted so that it is legible from the public right-of-way.
H.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
I.
Accessory hydroponic, aeroponic, or other non-soil technology components of a farm shall be operated in a manner that does not create odor or attract vectors or pests.
J.
Any animal husbandry shall be in compliance with chapter 18 of this code.

134-3.8 Other Use Category^♦

This category includes uses that are not covered, in full or in part, by the previously described use categories of this article.

3.8.1 CONSUMER FIREWORKS SALES^♦

A.
Retail sales of Consumer Fireworks, as defined in chapter 46 of this code, shall be permitted only in those zoning districts where such sales are specifically classified as permitted uses by applicable district regulations.
B.
In each zoning district where retail sales of Consumer Fireworks, as defined in chapter 46 of this code, are classified as a permitted use, such sales shall be undertaken in full compliance with chapter 46 of this code.^♦

134-3.9 Accessory Uses

3.9.1 GENERALLY APPLICABLE REGULATIONS

A.
Accessory Uses Allowed. Accessory uses are allowed only in connection with lawfully established principal uses.

I.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
J.
Accessory hydroponic, aeroponic, or other non-soil technology components of a garden shall be operated in a manner that does not create odor or attract vectors or pests.
K.
Any animal husbandry shall be in compliance with chapter 18 of this code.

3.7.5 URBAN FARM^♦

A.
Unless otherwise permitted in the subject zoning district, on-site sales shall take place between the hours of 7:00 AM and 7:00 PM.
B.
Farming equipment shall be limited to handheld or walk-behind equipment or compact tractor size typical of residential and commercial landscaping use.
C.
All equipment must be stored in a completely enclosed building when not in use.
D.
Accessory buildings are permitted in accordance with section 135-2.22 of this code. This includes greenhouses, which are considered an outbuilding pursuant to section 135-2.22.2.C of this code and seasonal agricultural structures pursuant to section 135-2.22.2.H.
E.
The site must be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste or byproduct from draining on to adjacent properties or public infrastructure.
F.
On-site trash, recycling and compost containers must be

located and maintained as far as practicable from residential household units located on other lots.

G.
A sign must be posted on the subject property identifying the name and contact information of any farm operator and may identify the property owner or the owner’s agent. The sign must be at least four and no more than six square feet in area and be posted so that it is legible from the public right-of-way.
H.
The property must be maintained free of tall weeds and debris. Dead garden plants must be regularly removed unless utilized for on-site composting. Any composting shall not create odor, litter, dust or noise nuisance, or attract vectors or pests and shall be limited to accumulated organic material generated from the site. This standard is not intended to prohibit prairie style plantings or seed saving efforts.
I.
Accessory hydroponic, aeroponic, or other non-soil technology components of a farm shall be operated in a manner that does not create odor or attract vectors or pests.
J.
Any animal husbandry shall be in compliance with chapter 18 of this code.

134-3.8 Other Use Category^♦

This category includes uses that are not covered, in full or in part, by the previously described use categories of this article.

3.8.1 CONSUMER FIREWORKS SALES^♦

A.
Retail sales of Consumer Fireworks, as defined in chapter 46 of this code, shall be permitted only in those zoning districts where such sales are specifically classified as permitted uses by applicable district regulations.
B.
In each zoning district where retail sales of Consumer Fireworks, as defined in chapter 46 of this code, are classified as a permitted use, such sales shall be undertaken in full compliance with chapter 46 of this code.^♦

134-3.9 Accessory Uses

3.9.1 GENERALLY APPLICABLE REGULATIONS

A.
Accessory Uses Allowed. Accessory uses are allowed only in connection with lawfully established principal uses.

134-3. USES

Accessory Uses

B.
Allowed Uses. Allowed accessory uses are limited to those expressly regulated in this section as well as those that are determined appropriate by the neighborhood services director. In making a determination, the neighborhood services director may consider the following criteria:
1. 1.
  They are customarily found in conjunction with the principal use of the subject property;
2. 2.
  They are subordinate and clearly incidental to the principal use of the property; and
3. 3.
  They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principal use and the community.
4. 4.
  If the proposed allowed accessory use will be located in a “bus shelter or bench for public transit use” as defined and regulated by section 135-2.22.3.K of this code, then said use may be accessory either to a principal use or structure, or accessory to a lot that is vacant and does not contain a principal use or structure.^♦

5.
If the proposed allowed accessory use will be located in an “other outdoor automated accessory structure” as defined and regulated by section 135-2.22.3.L of this code, then said accessory use shall be restricted to dispensing only products that are accessory to a retail sales use or financial service use that is permitted in the applicable zoning district of the lot on which said uses are to be located, and shall not dispense alcoholic liquor, wine, beer, or tobacco products.^♦

C.
Time of Construction and Establishment. Accessory uses may be established only after the principal use of the property is in place.

D.
Location. Accessory uses must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
E.
Accessory Structures. See section 135-2.22 of this code for regulations governing accessory structures.
F.
Connection to a Principal Structure. A structure which might otherwise be considered an accessory building, but which is connected to the principal structure by a breezeway or other extension of the principal structure containing a functional roof and floor shall, for the purposes of this chapter:
1. 1.
  Lose its status as an accessory building;

2.
Become part of the principal structure; and,
3.
Shall be subject to all restrictions applicable to a principal structure.

3.9.2 ACCESSORY DWELLING UNITS (ADU)^♦

A.
Where Allowed. Accessory dwelling units (ADUs) that comply with this section 134-3.9.2, and with all other applicable sections of this code, are permitted in the A, DXR, RX1, RX2, N and NX districts where accessory to a one household dwelling on the same lot.^♦
B.
Number Allowed. No more than one ADU is permitted on a single lot.^♦
C.
Location. ADUs may be located internally within the principal dwelling unit or in a detached accessory outbuilding pursuant to section 135-2.22 of this code.^♦
D.
Floor Area. The floor area of an ADU may not exceed 50% of the floor area within the principal household unit or 1,000 square feet, whichever is larger.^♦

3.9.3 DRIVE-IN AND DRIVE-THROUGH USES

A.
Description. A use accessory to a principal use that offers service directly to occupants of motor vehicles. Such uses are typically associated with restaurants, banks and pharmacies.
B.
Exceptions. Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees or amplified sound are not classified as drive-in or drive-through facilities if they meet the criteria for classification as an accessory use.
C.
Structure. See the accessory structure regulations of section 135-2.22 of this code.^♦

3.9.4 HOME OCCUPATIONS

A.
Description. Home occupations are business activities or professions conducted wholly or partly within a property as an accessory use to an allowed household living principal use.
B.
General Regulations for All Home Occupations. All home occupations are subject to the following regulations:

B.
Allowed Uses. Allowed accessory uses are limited to those expressly regulated in this section as well as those that are determined appropriate by the neighborhood services director. In making a determination, the neighborhood services director may consider the following criteria:
1. 1.
  They are customarily found in conjunction with the principal use of the subject property;
2. 2.
  They are subordinate and clearly incidental to the principal use of the property; and
3. 3.
  They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principal use and the community.
4. 4.
  If the proposed allowed accessory use will be located in a “bus shelter or bench for public transit use” as defined and regulated by section 135-2.22.3.K of this code, then said use may be accessory either to a principal use or structure, or accessory to a lot that is vacant and does not contain a principal use or structure.^♦

5.
If the proposed allowed accessory use will be located in an “other outdoor automated accessory structure” as defined and regulated by section 135-2.22.3.L of this code, then said accessory use shall be restricted to dispensing only products that are accessory to a retail sales use or financial service use that is permitted in the applicable zoning district of the lot on which said uses are to be located, and shall not dispense alcoholic liquor, wine, beer, or tobacco products.^♦

C.
Time of Construction and Establishment. Accessory uses may be established only after the principal use of the property is in place.

D.
Location. Accessory uses must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
E.
Accessory Structures. See section 135-2.22 of this code for regulations governing accessory structures.
F.
Connection to a Principal Structure. A structure which might otherwise be considered an accessory building, but which is connected to the principal structure by a breezeway or other extension of the principal structure containing a functional roof and floor shall, for the purposes of this chapter:
1. 1.
  Lose its status as an accessory building;

2.
Become part of the principal structure; and,
3.
Shall be subject to all restrictions applicable to a principal structure.

3.9.2 ACCESSORY DWELLING UNITS (ADU)^♦

A.
Where Allowed. Accessory dwelling units (ADUs) that comply with this section 134-3.9.2, and with all other applicable sections of this code, are permitted in the A, DXR, RX1, RX2, N and NX districts where accessory to a one household dwelling on the same lot.^♦
B.
Number Allowed. No more than one ADU is permitted on a single lot.^♦
C.
Location. ADUs may be located internally within the principal dwelling unit or in a detached accessory outbuilding pursuant to section 135-2.22 of this code.^♦
D.
Floor Area. The floor area of an ADU may not exceed 50% of the floor area within the principal household unit or 1,000 square feet, whichever is larger.^♦

3.9.3 DRIVE-IN AND DRIVE-THROUGH USES

A.
Description. A use accessory to a principal use that offers service directly to occupants of motor vehicles. Such uses are typically associated with restaurants, banks and pharmacies.
B.
Exceptions. Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees or amplified sound are not classified as drive-in or drive-through facilities if they meet the criteria for classification as an accessory use.
C.
Structure. See the accessory structure regulations of section 135-2.22 of this code.^♦

3.9.4 HOME OCCUPATIONS

A.
Description. Home occupations are business activities or professions conducted wholly or partly within a property as an accessory use to an allowed household living principal use.
B.
General Regulations for All Home Occupations. All home occupations are subject to the following regulations:

B.
Allowed Uses. Allowed accessory uses are limited to those expressly regulated in this section as well as those that are determined appropriate by the neighborhood services director. In making a determination, the neighborhood services director may consider the following criteria:
1. 1.
  They are customarily found in conjunction with the principal use of the subject property;
2. 2.
  They are subordinate and clearly incidental to the principal use of the property; and
3. 3.
  They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principal use and the community.
4. 4.
  If the proposed allowed accessory use will be located in a “bus shelter or bench for public transit use” as defined and regulated by section 135-2.22.3.K of this code, then said use may be accessory either to a principal use or structure, or accessory to a lot that is vacant and does not contain a principal use or structure.^♦

5.
If the proposed allowed accessory use will be located in an “other outdoor automated accessory structure” as defined and regulated by section 135-2.22.3.L of this code, then said accessory use shall be restricted to dispensing only products that are accessory to a retail sales use or financial service use that is permitted in the applicable zoning district of the lot on which said uses are to be located, and shall not dispense alcoholic liquor, wine, beer, or tobacco products.^♦

C.
Time of Construction and Establishment. Accessory uses may be established only after the principal use of the property is in place.

D.
Location. Accessory uses must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
E.
Accessory Structures. See section 135-2.22 of this code for regulations governing accessory structures.
F.
Connection to a Principal Structure. A structure which might otherwise be considered an accessory building, but which is connected to the principal structure by a breezeway or other extension of the principal structure containing a functional roof and floor shall, for the purposes of this chapter:
1. 1.
  Lose its status as an accessory building;

2.
Become part of the principal structure; and,
3.
Shall be subject to all restrictions applicable to a principal structure.

3.9.2 ACCESSORY DWELLING UNITS (ADU)^♦

A.
Where Allowed. Accessory dwelling units (ADUs) that comply with this section 134-3.9.2, and with all other applicable sections of this code, are permitted in the A, DXR, RX1, RX2, N and NX districts where accessory to a one household dwelling on the same lot.^♦
B.
Number Allowed. No more than one ADU is permitted on a single lot.^♦
C.
Location. ADUs may be located internally within the principal dwelling unit or in a detached accessory outbuilding pursuant to section 135-2.22 of this code.^♦
D.
Floor Area. The floor area of an ADU may not exceed 50% of the floor area within the principal household unit or 1,000 square feet, whichever is larger.^♦

3.9.3 DRIVE-IN AND DRIVE-THROUGH USES

A.
Description. A use accessory to a principal use that offers service directly to occupants of motor vehicles. Such uses are typically associated with restaurants, banks and pharmacies.
B.
Exceptions. Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees or amplified sound are not classified as drive-in or drive-through facilities if they meet the criteria for classification as an accessory use.
C.
Structure. See the accessory structure regulations of section 135-2.22 of this code.^♦

3.9.4 HOME OCCUPATIONS

A.
Description. Home occupations are business activities or professions conducted wholly or partly within a property as an accessory use to an allowed household living principal use.
B.
General Regulations for All Home Occupations. All home occupations are subject to the following regulations:

B.
Allowed Uses. Allowed accessory uses are limited to those expressly regulated in this section as well as those that are determined appropriate by the neighborhood services director. In making a determination, the neighborhood services director may consider the following criteria:
1. 1.
  They are customarily found in conjunction with the principal use of the subject property;
2. 2.
  They are subordinate and clearly incidental to the principal use of the property; and
3. 3.
  They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principal use and the community.
4. 4.
  If the proposed allowed accessory use will be located in a “bus shelter or bench for public transit use” as defined and regulated by section 135-2.22.3.K of this code, then said use may be accessory either to a principal use or structure, or accessory to a lot that is vacant and does not contain a principal use or structure.^♦

5.
If the proposed allowed accessory use will be located in an “other outdoor automated accessory structure” as defined and regulated by section 135-2.22.3.L of this code, then said accessory use shall be restricted to dispensing only products that are accessory to a retail sales use or financial service use that is permitted in the applicable zoning district of the lot on which said uses are to be located, and shall not dispense alcoholic liquor, wine, beer, or tobacco products.^♦

C.
Time of Construction and Establishment. Accessory uses may be established only after the principal use of the property is in place.

D.
Location. Accessory uses must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
E.
Accessory Structures. See section 135-2.22 of this code for regulations governing accessory structures.
F.
Connection to a Principal Structure. A structure which might otherwise be considered an accessory building, but which is connected to the principal structure by a breezeway or other extension of the principal structure containing a functional roof and floor shall, for the purposes of this chapter:
1. 1.
  Lose its status as an accessory building;

2.
Become part of the principal structure; and,
3.
Shall be subject to all restrictions applicable to a principal structure.

3.9.2 ACCESSORY DWELLING UNITS (ADU)^♦

A.
Where Allowed. Accessory dwelling units (ADUs) that comply with this section 134-3.9.2, and with all other applicable sections of this code, are permitted in the A, DXR, RX1, RX2, N and NX districts where accessory to a one household dwelling on the same lot.^♦
B.
Number Allowed. No more than one ADU is permitted on a single lot.^♦
C.
Location. ADUs may be located internally within the principal dwelling unit or in a detached accessory outbuilding pursuant to section 135-2.22 of this code.^♦
D.
Floor Area. The floor area of an ADU may not exceed 50% of the floor area within the principal household unit or 1,000 square feet, whichever is larger.^♦

3.9.3 DRIVE-IN AND DRIVE-THROUGH USES

A.
Description. A use accessory to a principal use that offers service directly to occupants of motor vehicles. Such uses are typically associated with restaurants, banks and pharmacies.
B.
Exceptions. Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees or amplified sound are not classified as drive-in or drive-through facilities if they meet the criteria for classification as an accessory use.
C.
Structure. See the accessory structure regulations of section 135-2.22 of this code.^♦

3.9.4 HOME OCCUPATIONS

A.
Description. Home occupations are business activities or professions conducted wholly or partly within a property as an accessory use to an allowed household living principal use.
B.
General Regulations for All Home Occupations. All home occupations are subject to the following regulations:

134-3. USES

Accessory Uses

1. 1.
  The proposed location, design, construction, and operation of the use adequately safeguards the health, safety, and general welfare of persons residing in or working on adjoining or surrounding property.^♦
2. 2.
  The use must not unduly increase congestion in the streets, or public danger of fire, safety or flooding.
3. 3.
  The use shall be clearly incidental to or secondary to the residential use on the premises.
4. 4.
  The use shall not cause or produce noise, vibration, smoke, dust, odor, or heat or any other impact of a type or quantity not in keeping with the residential character of the neighborhood.
5. 5.
  No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted material of a type or quantity not ordinarily used for household purposes shall be used or stored on the premises, and the applicant must identify the proper disposition of any hazardous waste. No activity will be allowed which is hazardous to the public health, safety or welfare.
6. 6.
  No more than 50% of the gross floor area of the building or accessory building shall be used for such business, including the storage of materials or products.
7. 7.
  No alteration of the residential appearance of the premises shall occur unless allowed by applicable building type and design regulations. This includes external structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located. Examples of such prohibited alterations include the addition of commercial-like exterior lighting or the addition of a separate building entrance that is visible from abutting streets.
8. 8.
  The home occupation, including any business storage, shall not displace or impede use of parking spaces required by this code. The home occupation shall not displace, interfere with or impede access to public parking.
9. 9.
  The home occupation shall not cause the congregation of business employees at the site or congestion in the availability of on-street parking.

10.
At least one individual engaged in the home occupation must reside in the household unit in which the home occupation is located as their primary place of residence.
11.
The home occupation shall be in effect only for so long as the premises are occupied by the person in business.
12.
The home occupation shall comply with all applicable codes including local building codes.
13.
The home occupation shall meet all general regulations and all applicable supplemental regulations.

C.
Board of Adjustment Reconsideration. Any approved home occupation may be subject to reconsideration by the board of adjustment if at any time the zoning enforcement officer determines that the conduct of the occupation does not comply with one or more general regulations for home occupations or applicable supplemental regulations, or has become detrimental to the neighborhood.
D.
Type 1 Home Occupations - No Impact Business. The following occupations are allowed by-right, subject to compliance with the regulations found in subsections B and D of this section:^♦
1. 1.
  Those occupations in which the total number of on-site employees and clients does not exceed the occupancy limit for the site; ^♦
2. 2.
  Those occupations are characterized by all of the following:^♦
  1. a.
    The associated activities are limited to the sale of lawful goods and services;
  2. b.
    The activities do not generate on-street parking or a substantial increase in traffic through the residential area;
  3. c.
    The activities occur inside the residential dwelling or in the yard o f the residential property;
  4. d.
    The activities are not visible from an adjacent property or street; and
3. 3.
  In-home day care facilities for eight or fewer children.

1. 1.
  The proposed location, design, construction, and operation of the use adequately safeguards the health, safety, and general welfare of persons residing in or working on adjoining or surrounding property.^♦
2. 2.
  The use must not unduly increase congestion in the streets, or public danger of fire, safety or flooding.
3. 3.
  The use shall be clearly incidental to or secondary to the residential use on the premises.
4. 4.
  The use shall not cause or produce noise, vibration, smoke, dust, odor, or heat or any other impact of a type or quantity not in keeping with the residential character of the neighborhood.
5. 5.
  No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted material of a type or quantity not ordinarily used for household purposes shall be used or stored on the premises, and the applicant must identify the proper disposition of any hazardous waste. No activity will be allowed which is hazardous to the public health, safety or welfare.
6. 6.
  No more than 50% of the gross floor area of the building or accessory building shall be used for such business, including the storage of materials or products.
7. 7.
  No alteration of the residential appearance of the premises shall occur unless allowed by applicable building type and design regulations. This includes external structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located. Examples of such prohibited alterations include the addition of commercial-like exterior lighting or the addition of a separate building entrance that is visible from abutting streets.
8. 8.
  The home occupation, including any business storage, shall not displace or impede use of parking spaces required by this code. The home occupation shall not displace, interfere with or impede access to public parking.
9. 9.
  The home occupation shall not cause the congregation of business employees at the site or congestion in the availability of on-street parking.

10.
At least one individual engaged in the home occupation must reside in the household unit in which the home occupation is located as their primary place of residence.
11.
The home occupation shall be in effect only for so long as the premises are occupied by the person in business.
12.
The home occupation shall comply with all applicable codes including local building codes.
13.
The home occupation shall meet all general regulations and all applicable supplemental regulations.

C.
Board of Adjustment Reconsideration. Any approved home occupation may be subject to reconsideration by the board of adjustment if at any time the zoning enforcement officer determines that the conduct of the occupation does not comply with one or more general regulations for home occupations or applicable supplemental regulations, or has become detrimental to the neighborhood.
D.
Type 1 Home Occupations - No Impact Business. The following occupations are allowed by-right, subject to compliance with the regulations found in subsections B and D of this section:^♦
1. 1.
  Those occupations in which the total number of on-site employees and clients does not exceed the occupancy limit for the site; ^♦
2. 2.
  Those occupations are characterized by all of the following:^♦
  1. a.
    The associated activities are limited to the sale of lawful goods and services;
  2. b.
    The activities do not generate on-street parking or a substantial increase in traffic through the residential area;
  3. c.
    The activities occur inside the residential dwelling or in the yard o f the residential property;
  4. d.
    The activities are not visible from an adjacent property or street; and
3. 3.
  In-home day care facilities for eight or fewer children.

1. 1.
  The proposed location, design, construction, and operation of the use adequately safeguards the health, safety, and general welfare of persons residing in or working on adjoining or surrounding property.^♦
2. 2.
  The use must not unduly increase congestion in the streets, or public danger of fire, safety or flooding.
3. 3.
  The use shall be clearly incidental to or secondary to the residential use on the premises.
4. 4.
  The use shall not cause or produce noise, vibration, smoke, dust, odor, or heat or any other impact of a type or quantity not in keeping with the residential character of the neighborhood.
5. 5.
  No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted material of a type or quantity not ordinarily used for household purposes shall be used or stored on the premises, and the applicant must identify the proper disposition of any hazardous waste. No activity will be allowed which is hazardous to the public health, safety or welfare.
6. 6.
  No more than 50% of the gross floor area of the building or accessory building shall be used for such business, including the storage of materials or products.
7. 7.
  No alteration of the residential appearance of the premises shall occur unless allowed by applicable building type and design regulations. This includes external structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located. Examples of such prohibited alterations include the addition of commercial-like exterior lighting or the addition of a separate building entrance that is visible from abutting streets.
8. 8.
  The home occupation, including any business storage, shall not displace or impede use of parking spaces required by this code. The home occupation shall not displace, interfere with or impede access to public parking.
9. 9.
  The home occupation shall not cause the congregation of business employees at the site or congestion in the availability of on-street parking.

10.
At least one individual engaged in the home occupation must reside in the household unit in which the home occupation is located as their primary place of residence.
11.
The home occupation shall be in effect only for so long as the premises are occupied by the person in business.
12.
The home occupation shall comply with all applicable codes including local building codes.
13.
The home occupation shall meet all general regulations and all applicable supplemental regulations.

C.
Board of Adjustment Reconsideration. Any approved home occupation may be subject to reconsideration by the board of adjustment if at any time the zoning enforcement officer determines that the conduct of the occupation does not comply with one or more general regulations for home occupations or applicable supplemental regulations, or has become detrimental to the neighborhood.
D.
Type 1 Home Occupations - No Impact Business. The following occupations are allowed by-right, subject to compliance with the regulations found in subsections B and D of this section:^♦
1. 1.
  Those occupations in which the total number of on-site employees and clients does not exceed the occupancy limit for the site; ^♦
2. 2.
  Those occupations are characterized by all of the following:^♦
  1. a.
    The associated activities are limited to the sale of lawful goods and services;
  2. b.
    The activities do not generate on-street parking or a substantial increase in traffic through the residential area;
  3. c.
    The activities occur inside the residential dwelling or in the yard o f the residential property;
  4. d.
    The activities are not visible from an adjacent property or street; and
3. 3.
  In-home day care facilities for eight or fewer children.

1. 1.
  The proposed location, design, construction, and operation of the use adequately safeguards the health, safety, and general welfare of persons residing in or working on adjoining or surrounding property.^♦
2. 2.
  The use must not unduly increase congestion in the streets, or public danger of fire, safety or flooding.
3. 3.
  The use shall be clearly incidental to or secondary to the residential use on the premises.
4. 4.
  The use shall not cause or produce noise, vibration, smoke, dust, odor, or heat or any other impact of a type or quantity not in keeping with the residential character of the neighborhood.
5. 5.
  No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted material of a type or quantity not ordinarily used for household purposes shall be used or stored on the premises, and the applicant must identify the proper disposition of any hazardous waste. No activity will be allowed which is hazardous to the public health, safety or welfare.
6. 6.
  No more than 50% of the gross floor area of the building or accessory building shall be used for such business, including the storage of materials or products.
7. 7.
  No alteration of the residential appearance of the premises shall occur unless allowed by applicable building type and design regulations. This includes external structural alterations or site improvements that change the residential character of the lot upon which a home occupation is located. Examples of such prohibited alterations include the addition of commercial-like exterior lighting or the addition of a separate building entrance that is visible from abutting streets.
8. 8.
  The home occupation, including any business storage, shall not displace or impede use of parking spaces required by this code. The home occupation shall not displace, interfere with or impede access to public parking.
9. 9.
  The home occupation shall not cause the congregation of business employees at the site or congestion in the availability of on-street parking.

10.
At least one individual engaged in the home occupation must reside in the household unit in which the home occupation is located as their primary place of residence.
11.
The home occupation shall be in effect only for so long as the premises are occupied by the person in business.
12.
The home occupation shall comply with all applicable codes including local building codes.
13.
The home occupation shall meet all general regulations and all applicable supplemental regulations.

C.
Board of Adjustment Reconsideration. Any approved home occupation may be subject to reconsideration by the board of adjustment if at any time the zoning enforcement officer determines that the conduct of the occupation does not comply with one or more general regulations for home occupations or applicable supplemental regulations, or has become detrimental to the neighborhood.
D.
Type 1 Home Occupations - No Impact Business. The following occupations are allowed by-right, subject to compliance with the regulations found in subsections B and D of this section:^♦
1. 1.
  Those occupations in which the total number of on-site employees and clients does not exceed the occupancy limit for the site; ^♦
2. 2.
  Those occupations are characterized by all of the following:^♦
  1. a.
    The associated activities are limited to the sale of lawful goods and services;
  2. b.
    The activities do not generate on-street parking or a substantial increase in traffic through the residential area;
  3. c.
    The activities occur inside the residential dwelling or in the yard o f the residential property;
  4. d.
    The activities are not visible from an adjacent property or street; and
3. 3.
  In-home day care facilities for eight or fewer children.

134-3. USES

Accessory Uses

E.
Type 2 Home Occupations.
1. 1.
  The neighborhood services director is authorized to approve Type 2 home occupation uses, as Type 1 zoning exceptions pursuant to section 134-6.5 of this chapter, for the following:^♦
  1. a.
    Commercial service s as defined by section 134-3.5.6 of this article;
  2. b.
    Grooming of household pets as defined by section 134-3.5.2.B of this article; and
  3. c.
    Office as defined by section 134-3.5.14 of this article.
2. 2.
  In addition to the general regulations for home occupations, Type 2 home occupations are subject to the following supplemental regulations:
  1. a.
    Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
  2. b.
    No more than two clients or customers may be present at any one time on the site of a Type 2 home occupation. Family members of the client or customer shall not be counted towards the two-person limit.
  3. c.
    A maximum of one nonresident employee is allowed with a Type 2 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation who does not live at the site, but who visits the site as part of the home occupation.
  4. d.
    No outside operation, storage or display of materials or products shall occur. ^♦
F.
Type 3 Home Occupations.
1. 1.
  The board of adjustment is authorized to approve conditional uses for Type 3 home occupation uses, as conditional uses pursuant to section 134-6.4 of this chapter, for the following:^♦
  1. a.
    Uses allowed as Type 2 home occupations, subject to the supplemental regulations set forth below;

1. 1. b.
    Day care as defined by section 134-3.5.8 of this article;
  2. c.
    Retail sales as defined by section 134-3.5.16 of this article; and
  3. d.
    Fabrication and production, artisan as defined by section 134-3.6.1.A of this article.^♦

2.
In addition to the general regulations for all home occupations, Type 3 home occupations are subject to the following supplemental use regulations:
1. a.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
2. b.
  No more clients or customers may be present at any one time on the site of a Type 3 home occupation than allowed by board of adjustment approval subject to consideration of the general regulations.
3. c.
  The board of adjustment shall determine the maximum number of nonresident employees allowed with a Type 3 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.
4. d.
  No outside operation, storage or display of materials or products shall occur.^♦

G.
Type 4 Home Occupations.

1.
The board of adjustment is authorized to approve conditional uses for Type 4 home occupation uses in the NX2a district for the following:^♦
1. a.
  Uses allowed as a Type 3 home occupation, subject to the supplemental regulations set forth below;

E.
Type 2 Home Occupations.
1. 1.
  The neighborhood services director is authorized to approve Type 2 home occupation uses, as Type 1 zoning exceptions pursuant to section 134-6.5 of this chapter, for the following:^♦
  1. a.
    Commercial service s as defined by section 134-3.5.6 of this article;
  2. b.
    Grooming of household pets as defined by section 134-3.5.2.B of this article; and
  3. c.
    Office as defined by section 134-3.5.14 of this article.
2. 2.
  In addition to the general regulations for home occupations, Type 2 home occupations are subject to the following supplemental regulations:
  1. a.
    Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
  2. b.
    No more than two clients or customers may be present at any one time on the site of a Type 2 home occupation. Family members of the client or customer shall not be counted towards the two-person limit.
  3. c.
    A maximum of one nonresident employee is allowed with a Type 2 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation who does not live at the site, but who visits the site as part of the home occupation.
  4. d.
    No outside operation, storage or display of materials or products shall occur. ^♦
F.
Type 3 Home Occupations.
1. 1.
  The board of adjustment is authorized to approve conditional uses for Type 3 home occupation uses, as conditional uses pursuant to section 134-6.4 of this chapter, for the following:^♦
  1. a.
    Uses allowed as Type 2 home occupations, subject to the supplemental regulations set forth below;

1. 1. b.
    Day care as defined by section 134-3.5.8 of this article;
  2. c.
    Retail sales as defined by section 134-3.5.16 of this article; and
  3. d.
    Fabrication and production, artisan as defined by section 134-3.6.1.A of this article.^♦

2.
In addition to the general regulations for all home occupations, Type 3 home occupations are subject to the following supplemental use regulations:
1. a.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
2. b.
  No more clients or customers may be present at any one time on the site of a Type 3 home occupation than allowed by board of adjustment approval subject to consideration of the general regulations.
3. c.
  The board of adjustment shall determine the maximum number of nonresident employees allowed with a Type 3 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.
4. d.
  No outside operation, storage or display of materials or products shall occur.^♦

G.
Type 4 Home Occupations.

1.
The board of adjustment is authorized to approve conditional uses for Type 4 home occupation uses in the NX2a district for the following:^♦
1. a.
  Uses allowed as a Type 3 home occupation, subject to the supplemental regulations set forth below;

E.
Type 2 Home Occupations.
1. 1.
  The neighborhood services director is authorized to approve Type 2 home occupation uses, as Type 1 zoning exceptions pursuant to section 134-6.5 of this chapter, for the following:^♦
  1. a.
    Commercial service s as defined by section 134-3.5.6 of this article;
  2. b.
    Grooming of household pets as defined by section 134-3.5.2.B of this article; and
  3. c.
    Office as defined by section 134-3.5.14 of this article.
2. 2.
  In addition to the general regulations for home occupations, Type 2 home occupations are subject to the following supplemental regulations:
  1. a.
    Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
  2. b.
    No more than two clients or customers may be present at any one time on the site of a Type 2 home occupation. Family members of the client or customer shall not be counted towards the two-person limit.
  3. c.
    A maximum of one nonresident employee is allowed with a Type 2 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation who does not live at the site, but who visits the site as part of the home occupation.
  4. d.
    No outside operation, storage or display of materials or products shall occur. ^♦
F.
Type 3 Home Occupations.
1. 1.
  The board of adjustment is authorized to approve conditional uses for Type 3 home occupation uses, as conditional uses pursuant to section 134-6.4 of this chapter, for the following:^♦
  1. a.
    Uses allowed as Type 2 home occupations, subject to the supplemental regulations set forth below;

1. 1. b.
    Day care as defined by section 134-3.5.8 of this article;
  2. c.
    Retail sales as defined by section 134-3.5.16 of this article; and
  3. d.
    Fabrication and production, artisan as defined by section 134-3.6.1.A of this article.^♦

2.
In addition to the general regulations for all home occupations, Type 3 home occupations are subject to the following supplemental use regulations:
1. a.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
2. b.
  No more clients or customers may be present at any one time on the site of a Type 3 home occupation than allowed by board of adjustment approval subject to consideration of the general regulations.
3. c.
  The board of adjustment shall determine the maximum number of nonresident employees allowed with a Type 3 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.
4. d.
  No outside operation, storage or display of materials or products shall occur.^♦

G.
Type 4 Home Occupations.

1.
The board of adjustment is authorized to approve conditional uses for Type 4 home occupation uses in the NX2a district for the following:^♦
1. a.
  Uses allowed as a Type 3 home occupation, subject to the supplemental regulations set forth below;

E.
Type 2 Home Occupations.
1. 1.
  The neighborhood services director is authorized to approve Type 2 home occupation uses, as Type 1 zoning exceptions pursuant to section 134-6.5 of this chapter, for the following:^♦
  1. a.
    Commercial service s as defined by section 134-3.5.6 of this article;
  2. b.
    Grooming of household pets as defined by section 134-3.5.2.B of this article; and
  3. c.
    Office as defined by section 134-3.5.14 of this article.
2. 2.
  In addition to the general regulations for home occupations, Type 2 home occupations are subject to the following supplemental regulations:
  1. a.
    Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
  2. b.
    No more than two clients or customers may be present at any one time on the site of a Type 2 home occupation. Family members of the client or customer shall not be counted towards the two-person limit.
  3. c.
    A maximum of one nonresident employee is allowed with a Type 2 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation who does not live at the site, but who visits the site as part of the home occupation.
  4. d.
    No outside operation, storage or display of materials or products shall occur. ^♦
F.
Type 3 Home Occupations.
1. 1.
  The board of adjustment is authorized to approve conditional uses for Type 3 home occupation uses, as conditional uses pursuant to section 134-6.4 of this chapter, for the following:^♦
  1. a.
    Uses allowed as Type 2 home occupations, subject to the supplemental regulations set forth below;

1. 1. b.
    Day care as defined by section 134-3.5.8 of this article;
  2. c.
    Retail sales as defined by section 134-3.5.16 of this article; and
  3. d.
    Fabrication and production, artisan as defined by section 134-3.6.1.A of this article.^♦

2.
In addition to the general regulations for all home occupations, Type 3 home occupations are subject to the following supplemental use regulations:
1. a.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 7:00 p.m. and 7:00 a.m.
2. b.
  No more clients or customers may be present at any one time on the site of a Type 3 home occupation than allowed by board of adjustment approval subject to consideration of the general regulations.
3. c.
  The board of adjustment shall determine the maximum number of nonresident employees allowed with a Type 3 home occupation. For the purpose of this provision, the term “nonresident employee” includes an employee, contractor, business partner, co-owner or any other person affiliated with the home occupation, who does not live at the site, but who visits the site as part of the home occupation.
4. d.
  No outside operation, storage or display of materials or products shall occur.^♦

G.
Type 4 Home Occupations.

1.
The board of adjustment is authorized to approve conditional uses for Type 4 home occupation uses in the NX2a district for the following:^♦
1. a.
  Uses allowed as a Type 3 home occupation, subject to the supplemental regulations set forth below;

134-3. USES

Accessory Uses

1. 1. b.
    Restaurant as defined by section 134-3.5.10.A of this article. Restaurants that include the sale of alcoholic liquor, wine, or beer are subject to the regulations found in Table 134-3.9-1 of this article and section 134-3.8.1 of this article; and
  2. c.
    Artisan fabrication and production as defined by section 134-3.6.1.A of this article.
1. 2.
  In addition to the general regulations for all home occupations, Type 4 home occupations are subject to the following supplemental regulations:
2. 3.
  A maximum of one nonresident employee per 250 square feet of gross floor area devoted to the Type 4 home occupation use is allowed.
3. 4.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 10:00 p.m. and 7:00 a.m.
4. 5.
  Outdoor eating for restaurants may be approved for buildings on corners and spaces not abutting another residence.
5. 6.
  Parking lots are allowed in rear yards with a frontage buffer per section 135-7.7 of this code and semi-pervious paving for all drive lanes and spaces. Parking lots are limited to no more than six spaces.
6. 7.
  Unless otherwise authorized as allowed under this section, no outside operation, storage or display of materials or products shall occur.^♦

3.9.5 OUTDOOR DINING AND DISPLAY

A.
Outdoor Dining. Tables and chairs for patrons of eating and drinking places located outdoors and directly adjacent to the structure containing the associated use.
1. 1.
  Outdoor dining may be located anywhere on the lot.
2. 2.
  Outdoor dining may be located on the sidewalk of an adjacent right-of-way of a non-primary street if all of the following requirements are met:

a.
A sidewalk permit per chapter 102 of this code is approved.

b.
At least five feet of continuous sidewalk is maintained clear and unobstructed for passing pedestrians.
c.
No permanent construction is permitted within the right-of-way and all appurtenances shall be removed during the off-season.
d.
A Type 1 exception may be approved for outdoor dining on a primary street, where no non-primary street is available adjacent to the business and the sidewalk is wide enough to accommodate the above requirements.

3.
The maximum size of any outdoor dining shall not exceed the gross floor area of the restaurant interior.

B.
Outdoor Display. The outdoor display of merchandise associated with a retail sales use.
1. 1.
  Outdoor sales displays are permitted anywhere on the lot, but shall not be closer to the right-of-way line than the front building facade.
2. 2.
  Outdoor sales displays on the same lot as a Fuel Station are limited to within five feet of the building or under the fuel canopy, and the height is limited to no more than five feet.^♦
3. 3.
  Outdoor sales are restricted to those items or merchandise which are permitted in the district.
4. 4.
  If associated with a principal use on a corner lot, only a single frontage shall be utilized for accessory outdoor display purposes.
5. 5.
  Merchandise, displays, and other structures in the front or street-side yards shall be removed and stored indoors during non-business hours.
6. 6.
  Outdoor sales in the interior side or rear yard shall be fenced or walled. Any outdoor sales yard abutting a street right-of-way shall include a frontage buffer per section 135-7.7 of this code.
7. 7.
  The gross square footage of an outdoor sales display area shall not exceed the gross square footage of the interior space of the building containing the associated principal retail sales use on the property.

1. 1. b.
    Restaurant as defined by section 134-3.5.10.A of this article. Restaurants that include the sale of alcoholic liquor, wine, or beer are subject to the regulations found in Table 134-3.9-1 of this article and section 134-3.8.1 of this article; and
  2. c.
    Artisan fabrication and production as defined by section 134-3.6.1.A of this article.
1. 2.
  In addition to the general regulations for all home occupations, Type 4 home occupations are subject to the following supplemental regulations:
2. 3.
  A maximum of one nonresident employee per 250 square feet of gross floor area devoted to the Type 4 home occupation use is allowed.
3. 4.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 10:00 p.m. and 7:00 a.m.
4. 5.
  Outdoor eating for restaurants may be approved for buildings on corners and spaces not abutting another residence.
5. 6.
  Parking lots are allowed in rear yards with a frontage buffer per section 135-7.7 of this code and semi-pervious paving for all drive lanes and spaces. Parking lots are limited to no more than six spaces.
6. 7.
  Unless otherwise authorized as allowed under this section, no outside operation, storage or display of materials or products shall occur.^♦

3.9.5 OUTDOOR DINING AND DISPLAY

A.
Outdoor Dining. Tables and chairs for patrons of eating and drinking places located outdoors and directly adjacent to the structure containing the associated use.
1. 1.
  Outdoor dining may be located anywhere on the lot.
2. 2.
  Outdoor dining may be located on the sidewalk of an adjacent right-of-way of a non-primary street if all of the following requirements are met:

a.
A sidewalk permit per chapter 102 of this code is approved.

b.
At least five feet of continuous sidewalk is maintained clear and unobstructed for passing pedestrians.
c.
No permanent construction is permitted within the right-of-way and all appurtenances shall be removed during the off-season.
d.
A Type 1 exception may be approved for outdoor dining on a primary street, where no non-primary street is available adjacent to the business and the sidewalk is wide enough to accommodate the above requirements.

3.
The maximum size of any outdoor dining shall not exceed the gross floor area of the restaurant interior.

B.
Outdoor Display. The outdoor display of merchandise associated with a retail sales use.
1. 1.
  Outdoor sales displays are permitted anywhere on the lot, but shall not be closer to the right-of-way line than the front building facade.
2. 2.
  Outdoor sales displays on the same lot as a Fuel Station are limited to within five feet of the building or under the fuel canopy, and the height is limited to no more than five feet.^♦
3. 3.
  Outdoor sales are restricted to those items or merchandise which are permitted in the district.
4. 4.
  If associated with a principal use on a corner lot, only a single frontage shall be utilized for accessory outdoor display purposes.
5. 5.
  Merchandise, displays, and other structures in the front or street-side yards shall be removed and stored indoors during non-business hours.
6. 6.
  Outdoor sales in the interior side or rear yard shall be fenced or walled. Any outdoor sales yard abutting a street right-of-way shall include a frontage buffer per section 135-7.7 of this code.
7. 7.
  The gross square footage of an outdoor sales display area shall not exceed the gross square footage of the interior space of the building containing the associated principal retail sales use on the property.

1. 1. b.
    Restaurant as defined by section 134-3.5.10.A of this article. Restaurants that include the sale of alcoholic liquor, wine, or beer are subject to the regulations found in Table 134-3.9-1 of this article and section 134-3.8.1 of this article; and
  2. c.
    Artisan fabrication and production as defined by section 134-3.6.1.A of this article.
1. 2.
  In addition to the general regulations for all home occupations, Type 4 home occupations are subject to the following supplemental regulations:
2. 3.
  A maximum of one nonresident employee per 250 square feet of gross floor area devoted to the Type 4 home occupation use is allowed.
3. 4.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 10:00 p.m. and 7:00 a.m.
4. 5.
  Outdoor eating for restaurants may be approved for buildings on corners and spaces not abutting another residence.
5. 6.
  Parking lots are allowed in rear yards with a frontage buffer per section 135-7.7 of this code and semi-pervious paving for all drive lanes and spaces. Parking lots are limited to no more than six spaces.
6. 7.
  Unless otherwise authorized as allowed under this section, no outside operation, storage or display of materials or products shall occur.^♦

3.9.5 OUTDOOR DINING AND DISPLAY

A.
Outdoor Dining. Tables and chairs for patrons of eating and drinking places located outdoors and directly adjacent to the structure containing the associated use.
1. 1.
  Outdoor dining may be located anywhere on the lot.
2. 2.
  Outdoor dining may be located on the sidewalk of an adjacent right-of-way of a non-primary street if all of the following requirements are met:

a.
A sidewalk permit per chapter 102 of this code is approved.

b.
At least five feet of continuous sidewalk is maintained clear and unobstructed for passing pedestrians.
c.
No permanent construction is permitted within the right-of-way and all appurtenances shall be removed during the off-season.
d.
A Type 1 exception may be approved for outdoor dining on a primary street, where no non-primary street is available adjacent to the business and the sidewalk is wide enough to accommodate the above requirements.

3.
The maximum size of any outdoor dining shall not exceed the gross floor area of the restaurant interior.

B.
Outdoor Display. The outdoor display of merchandise associated with a retail sales use.
1. 1.
  Outdoor sales displays are permitted anywhere on the lot, but shall not be closer to the right-of-way line than the front building facade.
2. 2.
  Outdoor sales displays on the same lot as a Fuel Station are limited to within five feet of the building or under the fuel canopy, and the height is limited to no more than five feet.^♦
3. 3.
  Outdoor sales are restricted to those items or merchandise which are permitted in the district.
4. 4.
  If associated with a principal use on a corner lot, only a single frontage shall be utilized for accessory outdoor display purposes.
5. 5.
  Merchandise, displays, and other structures in the front or street-side yards shall be removed and stored indoors during non-business hours.
6. 6.
  Outdoor sales in the interior side or rear yard shall be fenced or walled. Any outdoor sales yard abutting a street right-of-way shall include a frontage buffer per section 135-7.7 of this code.
7. 7.
  The gross square footage of an outdoor sales display area shall not exceed the gross square footage of the interior space of the building containing the associated principal retail sales use on the property.

1. 1. b.
    Restaurant as defined by section 134-3.5.10.A of this article. Restaurants that include the sale of alcoholic liquor, wine, or beer are subject to the regulations found in Table 134-3.9-1 of this article and section 134-3.8.1 of this article; and
  2. c.
    Artisan fabrication and production as defined by section 134-3.6.1.A of this article.
1. 2.
  In addition to the general regulations for all home occupations, Type 4 home occupations are subject to the following supplemental regulations:
2. 3.
  A maximum of one nonresident employee per 250 square feet of gross floor area devoted to the Type 4 home occupation use is allowed.
3. 4.
  Hours of operation must not infringe on the residential atmosphere of the neighborhood. All outside activity related to the home occupation must cease between the hours of 10:00 p.m. and 7:00 a.m.
4. 5.
  Outdoor eating for restaurants may be approved for buildings on corners and spaces not abutting another residence.
5. 6.
  Parking lots are allowed in rear yards with a frontage buffer per section 135-7.7 of this code and semi-pervious paving for all drive lanes and spaces. Parking lots are limited to no more than six spaces.
6. 7.
  Unless otherwise authorized as allowed under this section, no outside operation, storage or display of materials or products shall occur.^♦

3.9.5 OUTDOOR DINING AND DISPLAY

A.
Outdoor Dining. Tables and chairs for patrons of eating and drinking places located outdoors and directly adjacent to the structure containing the associated use.
1. 1.
  Outdoor dining may be located anywhere on the lot.
2. 2.
  Outdoor dining may be located on the sidewalk of an adjacent right-of-way of a non-primary street if all of the following requirements are met:

a.
A sidewalk permit per chapter 102 of this code is approved.

b.
At least five feet of continuous sidewalk is maintained clear and unobstructed for passing pedestrians.
c.
No permanent construction is permitted within the right-of-way and all appurtenances shall be removed during the off-season.
d.
A Type 1 exception may be approved for outdoor dining on a primary street, where no non-primary street is available adjacent to the business and the sidewalk is wide enough to accommodate the above requirements.

3.
The maximum size of any outdoor dining shall not exceed the gross floor area of the restaurant interior.

B.
Outdoor Display. The outdoor display of merchandise associated with a retail sales use.
1. 1.
  Outdoor sales displays are permitted anywhere on the lot, but shall not be closer to the right-of-way line than the front building facade.
2. 2.
  Outdoor sales displays on the same lot as a Fuel Station are limited to within five feet of the building or under the fuel canopy, and the height is limited to no more than five feet.^♦
3. 3.
  Outdoor sales are restricted to those items or merchandise which are permitted in the district.
4. 4.
  If associated with a principal use on a corner lot, only a single frontage shall be utilized for accessory outdoor display purposes.
5. 5.
  Merchandise, displays, and other structures in the front or street-side yards shall be removed and stored indoors during non-business hours.
6. 6.
  Outdoor sales in the interior side or rear yard shall be fenced or walled. Any outdoor sales yard abutting a street right-of-way shall include a frontage buffer per section 135-7.7 of this code.
7. 7.
  The gross square footage of an outdoor sales display area shall not exceed the gross square footage of the interior space of the building containing the associated principal retail sales use on the property.

134-3. USES

Accessory Uses

3.9.6 OUTDOOR STORAGE

A.
Accessory outdoor storage is permitted in any I district when associated with an industrial use or self-service storage use; in any EX district when associated with a warehouse, wholesale sales and distribution, or artisan or limited fabrication and production use; and in any CX, EX, or I1 district when associated with large-format retail use.^♦
B.
The location and stacking height of outdoor storage materials shall be subject to the requirements of chapter 135 of this code.^♦
C.
Materials shall be set back from each lot line a minimum distance as established in, and subject to review pursuant to, chapter 135 of this code.
D.
All outdoor storage areas shall be screened from view of adjacent lots and streets in accordance with, and subject to review pursuant to, chapter 135 of this code.
E.
No person shall park, place, keep or store, or permit the parking or storage of, a stock car, racing car, inoperable or unsafe vehicle, vehicular component parts, or miscellaneous junk and debris on any public or private property unless it shall be in a completely enclosed building. This subsection shall not apply to legitimate businesses operating in a lawful place and manner; provided, however, that such outside areas are screened from public view.

3.9.7 RESIDENTIAL SUPPORT SERVICE

A.
Residential support services are small-scale personal service and retail sales uses that primarily serve the needs of residents of large residential buildings.

B.
Residential support services are allowed in NX3 districts as an accessory use to any principal group living use with more than 50 residents and in apartment buildings containing more than 30 permanent household units.

C.
Residential support services must be located on the ground floor of the same building as the principal residential use and not exceed 25% of the ground floor area of the building.
D.
Residential support services must have internal access from the principal residential building. External entrances are also allowed.

3.9.8 BOARDING AND ROOMING UNITS^♦

A.
The taking of boarders for more than 30 consecutive days or the leasing of rooms for more than 30 consecutive days is allowed as an accessory use to a principal use in the household living use category, provided the total number of boarders and roomers does not exceed two and an owner of the property resides full-time on the property.
B.
The use of a household unit, or part of a household unit, for commercial lodging use, also known as short-term rental use, where lodging is provided for compensation for one or more persons for periods of less than 30 consecutive days, is allowed as an accessory use to a household living principal use.

3.9.9 LIQUOR, WINE, AND BEER SALES

A.
Description. The retail sale of alcoholic liquor, wine and beer is permitted as a principal use, or as an accessory use to a permitted principal use where determined by the neighborhood services director that said accessory use is customary and incidental to such permitted principal use, only in the zoning districts and subject to the conditions indicated in Table 134-3.1-1 and Table 134-3.9-1 of this article and pursuant to this section.^♦
B.
Conditional Use Approval Criteria. Conditional use approval is required for the use of any premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine or beer, under the circumstances identified in Table 134-3.1-1 and Table 134-3.9-1 of this article. The board of adjustment is authorized to grant conditional use approval for such uses only when the business, operated in conformance with such reasonable conditions as may be imposed by the board, satisfies the following criteria:^♦

3.9.6 OUTDOOR STORAGE

A.
Accessory outdoor storage is permitted in any I district when associated with an industrial use or self-service storage use; in any EX district when associated with a warehouse, wholesale sales and distribution, or artisan or limited fabrication and production use; and in any CX, EX, or I1 district when associated with large-format retail use.^♦
B.
The location and stacking height of outdoor storage materials shall be subject to the requirements of chapter 135 of this code.^♦
C.
Materials shall be set back from each lot line a minimum distance as established in, and subject to review pursuant to, chapter 135 of this code.
D.
All outdoor storage areas shall be screened from view of adjacent lots and streets in accordance with, and subject to review pursuant to, chapter 135 of this code.
E.
No person shall park, place, keep or store, or permit the parking or storage of, a stock car, racing car, inoperable or unsafe vehicle, vehicular component parts, or miscellaneous junk and debris on any public or private property unless it shall be in a completely enclosed building. This subsection shall not apply to legitimate businesses operating in a lawful place and manner; provided, however, that such outside areas are screened from public view.

3.9.7 RESIDENTIAL SUPPORT SERVICE

A.
Residential support services are small-scale personal service and retail sales uses that primarily serve the needs of residents of large residential buildings.

B.
Residential support services are allowed in NX3 districts as an accessory use to any principal group living use with more than 50 residents and in apartment buildings containing more than 30 permanent household units.

C.
Residential support services must be located on the ground floor of the same building as the principal residential use and not exceed 25% of the ground floor area of the building.
D.
Residential support services must have internal access from the principal residential building. External entrances are also allowed.

3.9.8 BOARDING AND ROOMING UNITS^♦

A.
The taking of boarders for more than 30 consecutive days or the leasing of rooms for more than 30 consecutive days is allowed as an accessory use to a principal use in the household living use category, provided the total number of boarders and roomers does not exceed two and an owner of the property resides full-time on the property.
B.
The use of a household unit, or part of a household unit, for commercial lodging use, also known as short-term rental use, where lodging is provided for compensation for one or more persons for periods of less than 30 consecutive days, is allowed as an accessory use to a household living principal use.

3.9.9 LIQUOR, WINE, AND BEER SALES

A.
Description. The retail sale of alcoholic liquor, wine and beer is permitted as a principal use, or as an accessory use to a permitted principal use where determined by the neighborhood services director that said accessory use is customary and incidental to such permitted principal use, only in the zoning districts and subject to the conditions indicated in Table 134-3.1-1 and Table 134-3.9-1 of this article and pursuant to this section.^♦
B.
Conditional Use Approval Criteria. Conditional use approval is required for the use of any premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine or beer, under the circumstances identified in Table 134-3.1-1 and Table 134-3.9-1 of this article. The board of adjustment is authorized to grant conditional use approval for such uses only when the business, operated in conformance with such reasonable conditions as may be imposed by the board, satisfies the following criteria:^♦

3.9.6 OUTDOOR STORAGE

A.
Accessory outdoor storage is permitted in any I district when associated with an industrial use or self-service storage use; in any EX district when associated with a warehouse, wholesale sales and distribution, or artisan or limited fabrication and production use; and in any CX, EX, or I1 district when associated with large-format retail use.^♦
B.
The location and stacking height of outdoor storage materials shall be subject to the requirements of chapter 135 of this code.^♦
C.
Materials shall be set back from each lot line a minimum distance as established in, and subject to review pursuant to, chapter 135 of this code.
D.
All outdoor storage areas shall be screened from view of adjacent lots and streets in accordance with, and subject to review pursuant to, chapter 135 of this code.
E.
No person shall park, place, keep or store, or permit the parking or storage of, a stock car, racing car, inoperable or unsafe vehicle, vehicular component parts, or miscellaneous junk and debris on any public or private property unless it shall be in a completely enclosed building. This subsection shall not apply to legitimate businesses operating in a lawful place and manner; provided, however, that such outside areas are screened from public view.

3.9.7 RESIDENTIAL SUPPORT SERVICE

A.
Residential support services are small-scale personal service and retail sales uses that primarily serve the needs of residents of large residential buildings.

B.
Residential support services are allowed in NX3 districts as an accessory use to any principal group living use with more than 50 residents and in apartment buildings containing more than 30 permanent household units.

C.
Residential support services must be located on the ground floor of the same building as the principal residential use and not exceed 25% of the ground floor area of the building.
D.
Residential support services must have internal access from the principal residential building. External entrances are also allowed.

3.9.8 BOARDING AND ROOMING UNITS^♦

A.
The taking of boarders for more than 30 consecutive days or the leasing of rooms for more than 30 consecutive days is allowed as an accessory use to a principal use in the household living use category, provided the total number of boarders and roomers does not exceed two and an owner of the property resides full-time on the property.
B.
The use of a household unit, or part of a household unit, for commercial lodging use, also known as short-term rental use, where lodging is provided for compensation for one or more persons for periods of less than 30 consecutive days, is allowed as an accessory use to a household living principal use.

3.9.9 LIQUOR, WINE, AND BEER SALES

A.
Description. The retail sale of alcoholic liquor, wine and beer is permitted as a principal use, or as an accessory use to a permitted principal use where determined by the neighborhood services director that said accessory use is customary and incidental to such permitted principal use, only in the zoning districts and subject to the conditions indicated in Table 134-3.1-1 and Table 134-3.9-1 of this article and pursuant to this section.^♦
B.
Conditional Use Approval Criteria. Conditional use approval is required for the use of any premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine or beer, under the circumstances identified in Table 134-3.1-1 and Table 134-3.9-1 of this article. The board of adjustment is authorized to grant conditional use approval for such uses only when the business, operated in conformance with such reasonable conditions as may be imposed by the board, satisfies the following criteria:^♦

3.9.6 OUTDOOR STORAGE

A.
Accessory outdoor storage is permitted in any I district when associated with an industrial use or self-service storage use; in any EX district when associated with a warehouse, wholesale sales and distribution, or artisan or limited fabrication and production use; and in any CX, EX, or I1 district when associated with large-format retail use.^♦
B.
The location and stacking height of outdoor storage materials shall be subject to the requirements of chapter 135 of this code.^♦
C.
Materials shall be set back from each lot line a minimum distance as established in, and subject to review pursuant to, chapter 135 of this code.
D.
All outdoor storage areas shall be screened from view of adjacent lots and streets in accordance with, and subject to review pursuant to, chapter 135 of this code.
E.
No person shall park, place, keep or store, or permit the parking or storage of, a stock car, racing car, inoperable or unsafe vehicle, vehicular component parts, or miscellaneous junk and debris on any public or private property unless it shall be in a completely enclosed building. This subsection shall not apply to legitimate businesses operating in a lawful place and manner; provided, however, that such outside areas are screened from public view.

3.9.7 RESIDENTIAL SUPPORT SERVICE

A.
Residential support services are small-scale personal service and retail sales uses that primarily serve the needs of residents of large residential buildings.

B.
Residential support services are allowed in NX3 districts as an accessory use to any principal group living use with more than 50 residents and in apartment buildings containing more than 30 permanent household units.

C.
Residential support services must be located on the ground floor of the same building as the principal residential use and not exceed 25% of the ground floor area of the building.
D.
Residential support services must have internal access from the principal residential building. External entrances are also allowed.

3.9.8 BOARDING AND ROOMING UNITS^♦

A.
The taking of boarders for more than 30 consecutive days or the leasing of rooms for more than 30 consecutive days is allowed as an accessory use to a principal use in the household living use category, provided the total number of boarders and roomers does not exceed two and an owner of the property resides full-time on the property.
B.
The use of a household unit, or part of a household unit, for commercial lodging use, also known as short-term rental use, where lodging is provided for compensation for one or more persons for periods of less than 30 consecutive days, is allowed as an accessory use to a household living principal use.

3.9.9 LIQUOR, WINE, AND BEER SALES

A.
Description. The retail sale of alcoholic liquor, wine and beer is permitted as a principal use, or as an accessory use to a permitted principal use where determined by the neighborhood services director that said accessory use is customary and incidental to such permitted principal use, only in the zoning districts and subject to the conditions indicated in Table 134-3.1-1 and Table 134-3.9-1 of this article and pursuant to this section.^♦
B.
Conditional Use Approval Criteria. Conditional use approval is required for the use of any premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine or beer, under the circumstances identified in Table 134-3.1-1 and Table 134-3.9-1 of this article. The board of adjustment is authorized to grant conditional use approval for such uses only when the business, operated in conformance with such reasonable conditions as may be imposed by the board, satisfies the following criteria:^♦

134-3. USES

Accessory Uses

1. 1.
  The business conforms with the conditions identified in indicated in Table 134-3.9-1 of this article.
2. 2.
  The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing in the adjoining or surrounding residential area.
3. 3.
  The business is sufficiently separated from the adjoining residential area by distance, landscaping, walls or structures to prevent any noise, vibration or light generated by the business from having a significant detrimental impact upon the adjoining residential uses.
4. 4.
  The business will not unduly increase congestion on the streets in the adjoining residential area.
5. 5.
  The operation of the business will not constitute a nuisance.

C.
Supplemental Use Regulations.
Any conditional use approval granted by the board of adjustment for the use of a premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine and beer is subject to the following supplemental use regulations, together with such additional special conditions as may be reasonably required by the board of adjustment to ensure that the conditional use review approval criteria of paragraph B of this subsection, are satisfied:^♦
1. 1.
  Any parking area provided for the use of customers of the business must be illuminated at an intensity of at least one footcandle of light on the parking surface at all times. The entire site must be landscaped and illuminated so as to minimize hiding places for possible criminal activity.
2. 2.
  The business shall comply with the noise control regulations of article IV of chapter 42 of this code. Outside speakers and amplified sound are prohibited except when used in compliance with a type E sound permit.^♦

3.
Any such business must comply with the following requirements:^♦
1. a.
  Every retail sales establishment, fuel station, liquor store, and tobacco store selling alcoholic liquor for off-premises consumption shall have more than one employee on duty at all times the business is open to the public. In addition, any limited retail sales establishment, fuel station, and tobacco store selling alcoholic liquor for off premises consumption shall either:
  1. i.
    Display alcoholic liquor only in a locked case or behind a counter accessible only to employees or
  2. ii.
    Employ an electronic security cap or tag system on all containers of alcoholic liquor on display.
2. b.
  Conspicuously post 24-hour contact information for a manager or owner of the business near the main public entrance.
3. c.
  Not dispense alcoholic beverages from a drive-through window.
4.
Litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such business shall remove all trash and debris from the premises and adjoining public areas on a daily basis.
5.
If the zoning enforcement officer determines at any time that the operation of such a business exhibits a pattern of violating the conditions of the conditional use approval, the zoning enforcement officer may apply to the board of adjustment to reconsider conditional use approval for such business. A copy of such application and notice of the hearing before the board on such business at least 30 days in advance and shall also be provided to all owners of record of property within 250 feet of the subject property. If the board of adjustment finds that the operation of such business exhibits a pattern of violating the conditions of the conditional use, the board shall have the authority to amend or revoke the conditional use approval.

1. 1.
  The business conforms with the conditions identified in indicated in Table 134-3.9-1 of this article.
2. 2.
  The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing in the adjoining or surrounding residential area.
3. 3.
  The business is sufficiently separated from the adjoining residential area by distance, landscaping, walls or structures to prevent any noise, vibration or light generated by the business from having a significant detrimental impact upon the adjoining residential uses.
4. 4.
  The business will not unduly increase congestion on the streets in the adjoining residential area.
5. 5.
  The operation of the business will not constitute a nuisance.

C.
Supplemental Use Regulations.
Any conditional use approval granted by the board of adjustment for the use of a premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine and beer is subject to the following supplemental use regulations, together with such additional special conditions as may be reasonably required by the board of adjustment to ensure that the conditional use review approval criteria of paragraph B of this subsection, are satisfied:^♦
1. 1.
  Any parking area provided for the use of customers of the business must be illuminated at an intensity of at least one footcandle of light on the parking surface at all times. The entire site must be landscaped and illuminated so as to minimize hiding places for possible criminal activity.
2. 2.
  The business shall comply with the noise control regulations of article IV of chapter 42 of this code. Outside speakers and amplified sound are prohibited except when used in compliance with a type E sound permit.^♦

3.
Any such business must comply with the following requirements:^♦
1. a.
  Every retail sales establishment, fuel station, liquor store, and tobacco store selling alcoholic liquor for off-premises consumption shall have more than one employee on duty at all times the business is open to the public. In addition, any limited retail sales establishment, fuel station, and tobacco store selling alcoholic liquor for off premises consumption shall either:
  1. i.
    Display alcoholic liquor only in a locked case or behind a counter accessible only to employees or
  2. ii.
    Employ an electronic security cap or tag system on all containers of alcoholic liquor on display.
2. b.
  Conspicuously post 24-hour contact information for a manager or owner of the business near the main public entrance.
3. c.
  Not dispense alcoholic beverages from a drive-through window.
4.
Litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such business shall remove all trash and debris from the premises and adjoining public areas on a daily basis.
5.
If the zoning enforcement officer determines at any time that the operation of such a business exhibits a pattern of violating the conditions of the conditional use approval, the zoning enforcement officer may apply to the board of adjustment to reconsider conditional use approval for such business. A copy of such application and notice of the hearing before the board on such business at least 30 days in advance and shall also be provided to all owners of record of property within 250 feet of the subject property. If the board of adjustment finds that the operation of such business exhibits a pattern of violating the conditions of the conditional use, the board shall have the authority to amend or revoke the conditional use approval.

1. 1.
  The business conforms with the conditions identified in indicated in Table 134-3.9-1 of this article.
2. 2.
  The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing in the adjoining or surrounding residential area.
3. 3.
  The business is sufficiently separated from the adjoining residential area by distance, landscaping, walls or structures to prevent any noise, vibration or light generated by the business from having a significant detrimental impact upon the adjoining residential uses.
4. 4.
  The business will not unduly increase congestion on the streets in the adjoining residential area.
5. 5.
  The operation of the business will not constitute a nuisance.

C.
Supplemental Use Regulations.
Any conditional use approval granted by the board of adjustment for the use of a premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine and beer is subject to the following supplemental use regulations, together with such additional special conditions as may be reasonably required by the board of adjustment to ensure that the conditional use review approval criteria of paragraph B of this subsection, are satisfied:^♦
1. 1.
  Any parking area provided for the use of customers of the business must be illuminated at an intensity of at least one footcandle of light on the parking surface at all times. The entire site must be landscaped and illuminated so as to minimize hiding places for possible criminal activity.
2. 2.
  The business shall comply with the noise control regulations of article IV of chapter 42 of this code. Outside speakers and amplified sound are prohibited except when used in compliance with a type E sound permit.^♦

3.
Any such business must comply with the following requirements:^♦
1. a.
  Every retail sales establishment, fuel station, liquor store, and tobacco store selling alcoholic liquor for off-premises consumption shall have more than one employee on duty at all times the business is open to the public. In addition, any limited retail sales establishment, fuel station, and tobacco store selling alcoholic liquor for off premises consumption shall either:
  1. i.
    Display alcoholic liquor only in a locked case or behind a counter accessible only to employees or
  2. ii.
    Employ an electronic security cap or tag system on all containers of alcoholic liquor on display.
2. b.
  Conspicuously post 24-hour contact information for a manager or owner of the business near the main public entrance.
3. c.
  Not dispense alcoholic beverages from a drive-through window.
4.
Litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such business shall remove all trash and debris from the premises and adjoining public areas on a daily basis.
5.
If the zoning enforcement officer determines at any time that the operation of such a business exhibits a pattern of violating the conditions of the conditional use approval, the zoning enforcement officer may apply to the board of adjustment to reconsider conditional use approval for such business. A copy of such application and notice of the hearing before the board on such business at least 30 days in advance and shall also be provided to all owners of record of property within 250 feet of the subject property. If the board of adjustment finds that the operation of such business exhibits a pattern of violating the conditions of the conditional use, the board shall have the authority to amend or revoke the conditional use approval.

1. 1.
  The business conforms with the conditions identified in indicated in Table 134-3.9-1 of this article.
2. 2.
  The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing in the adjoining or surrounding residential area.
3. 3.
  The business is sufficiently separated from the adjoining residential area by distance, landscaping, walls or structures to prevent any noise, vibration or light generated by the business from having a significant detrimental impact upon the adjoining residential uses.
4. 4.
  The business will not unduly increase congestion on the streets in the adjoining residential area.
5. 5.
  The operation of the business will not constitute a nuisance.

C.
Supplemental Use Regulations.
Any conditional use approval granted by the board of adjustment for the use of a premises, either as a principal or an accessory use, for the sale of alcoholic liquor, wine and beer is subject to the following supplemental use regulations, together with such additional special conditions as may be reasonably required by the board of adjustment to ensure that the conditional use review approval criteria of paragraph B of this subsection, are satisfied:^♦
1. 1.
  Any parking area provided for the use of customers of the business must be illuminated at an intensity of at least one footcandle of light on the parking surface at all times. The entire site must be landscaped and illuminated so as to minimize hiding places for possible criminal activity.
2. 2.
  The business shall comply with the noise control regulations of article IV of chapter 42 of this code. Outside speakers and amplified sound are prohibited except when used in compliance with a type E sound permit.^♦

3.
Any such business must comply with the following requirements:^♦
1. a.
  Every retail sales establishment, fuel station, liquor store, and tobacco store selling alcoholic liquor for off-premises consumption shall have more than one employee on duty at all times the business is open to the public. In addition, any limited retail sales establishment, fuel station, and tobacco store selling alcoholic liquor for off premises consumption shall either:
  1. i.
    Display alcoholic liquor only in a locked case or behind a counter accessible only to employees or
  2. ii.
    Employ an electronic security cap or tag system on all containers of alcoholic liquor on display.
2. b.
  Conspicuously post 24-hour contact information for a manager or owner of the business near the main public entrance.
3. c.
  Not dispense alcoholic beverages from a drive-through window.
4.
Litter and trash receptacles shall be located at convenient locations inside and outside the premises, and operators of such business shall remove all trash and debris from the premises and adjoining public areas on a daily basis.
5.
If the zoning enforcement officer determines at any time that the operation of such a business exhibits a pattern of violating the conditions of the conditional use approval, the zoning enforcement officer may apply to the board of adjustment to reconsider conditional use approval for such business. A copy of such application and notice of the hearing before the board on such business at least 30 days in advance and shall also be provided to all owners of record of property within 250 feet of the subject property. If the board of adjustment finds that the operation of such business exhibits a pattern of violating the conditions of the conditional use, the board shall have the authority to amend or revoke the conditional use approval.

134-3. USES

Accessory Uses

D.
Report of Findings.
1. 1.
  Report of Findings - Alcoholic Liquor, Wine, or Beer. Upon reasonable suspicion that any retail sales establishment other than a liquor store, fuel station, or tobacco store derives more than 40% of its gross receipts from the sale of alcoholic liquor, wine, or beer, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer. If the business does not provide documentation demonstrating that less than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer within 45 days of the zoning enforcement officer's demand for such documentation, it shall be presumed that the business's principal use is as a liquor store and must comply with all provisions of this chapter pertaining to liquor stores. Such presumption may be overcome by the business timely furnishing a report of findings showing compliance with the alcohol sales percentage requirements of this section for business other than liquor stores, prepared and verified by a certified public accountant as the result of an agreed-upon procedures engagement, identifying the total dollar volume of all receipts, and separately identifying the total dollar volume of gross receipts derived from the sale of alcoholic beverages, and from the sale of all other merchandise and food exclusive of alcoholic beverages, from the business premises in the preceding six months.
  If the presumption is not overcome in the time and manner set forth in the preceding paragraph, then any fuel station or retail sales establishment shall be deemed a liquor store for purposes of this zoning code and shall be subject to the enforcement provisions of this zoning code for any violation thereof.^♦
2. 2.
  Report of Findings - Tobacco. Upon reasonable suspicion that any retail sales establishment other than a tobacco store, fuel station or liquor store, derives more than 40% of its gross receipts from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products. If the business does not provide

3.
Report of Findings - Restaurant or Other Uses with On-Premises Alcoholic Consumption. Upon reasonable suspicion that any restaurant or "Other" use with on-site alcoholic consumption does not derive at least 50% of its gross receipts from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services, the zoning enforcement officer may require that the owner or operator of the restaurant or "Other" use with on-site alcoholic consumption demonstrate within 45 days that during the prior six months at least 50% of its gross receipts were derived from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services. If the business does not provide documentation demonstrating that at least 50% of its gross receipts were derived from the sale of prepared food,

D.
Report of Findings.
1. 1.
  Report of Findings - Alcoholic Liquor, Wine, or Beer. Upon reasonable suspicion that any retail sales establishment other than a liquor store, fuel station, or tobacco store derives more than 40% of its gross receipts from the sale of alcoholic liquor, wine, or beer, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer. If the business does not provide documentation demonstrating that less than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer within 45 days of the zoning enforcement officer's demand for such documentation, it shall be presumed that the business's principal use is as a liquor store and must comply with all provisions of this chapter pertaining to liquor stores. Such presumption may be overcome by the business timely furnishing a report of findings showing compliance with the alcohol sales percentage requirements of this section for business other than liquor stores, prepared and verified by a certified public accountant as the result of an agreed-upon procedures engagement, identifying the total dollar volume of all receipts, and separately identifying the total dollar volume of gross receipts derived from the sale of alcoholic beverages, and from the sale of all other merchandise and food exclusive of alcoholic beverages, from the business premises in the preceding six months.
  If the presumption is not overcome in the time and manner set forth in the preceding paragraph, then any fuel station or retail sales establishment shall be deemed a liquor store for purposes of this zoning code and shall be subject to the enforcement provisions of this zoning code for any violation thereof.^♦
2. 2.
  Report of Findings - Tobacco. Upon reasonable suspicion that any retail sales establishment other than a tobacco store, fuel station or liquor store, derives more than 40% of its gross receipts from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products. If the business does not provide

3.
Report of Findings - Restaurant or Other Uses with On-Premises Alcoholic Consumption. Upon reasonable suspicion that any restaurant or "Other" use with on-site alcoholic consumption does not derive at least 50% of its gross receipts from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services, the zoning enforcement officer may require that the owner or operator of the restaurant or "Other" use with on-site alcoholic consumption demonstrate within 45 days that during the prior six months at least 50% of its gross receipts were derived from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services. If the business does not provide documentation demonstrating that at least 50% of its gross receipts were derived from the sale of prepared food,

D.
Report of Findings.
1. 1.
  Report of Findings - Alcoholic Liquor, Wine, or Beer. Upon reasonable suspicion that any retail sales establishment other than a liquor store, fuel station, or tobacco store derives more than 40% of its gross receipts from the sale of alcoholic liquor, wine, or beer, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer. If the business does not provide documentation demonstrating that less than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer within 45 days of the zoning enforcement officer's demand for such documentation, it shall be presumed that the business's principal use is as a liquor store and must comply with all provisions of this chapter pertaining to liquor stores. Such presumption may be overcome by the business timely furnishing a report of findings showing compliance with the alcohol sales percentage requirements of this section for business other than liquor stores, prepared and verified by a certified public accountant as the result of an agreed-upon procedures engagement, identifying the total dollar volume of all receipts, and separately identifying the total dollar volume of gross receipts derived from the sale of alcoholic beverages, and from the sale of all other merchandise and food exclusive of alcoholic beverages, from the business premises in the preceding six months.
  If the presumption is not overcome in the time and manner set forth in the preceding paragraph, then any fuel station or retail sales establishment shall be deemed a liquor store for purposes of this zoning code and shall be subject to the enforcement provisions of this zoning code for any violation thereof.^♦
2. 2.
  Report of Findings - Tobacco. Upon reasonable suspicion that any retail sales establishment other than a tobacco store, fuel station or liquor store, derives more than 40% of its gross receipts from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products. If the business does not provide

3.
Report of Findings - Restaurant or Other Uses with On-Premises Alcoholic Consumption. Upon reasonable suspicion that any restaurant or "Other" use with on-site alcoholic consumption does not derive at least 50% of its gross receipts from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services, the zoning enforcement officer may require that the owner or operator of the restaurant or "Other" use with on-site alcoholic consumption demonstrate within 45 days that during the prior six months at least 50% of its gross receipts were derived from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services. If the business does not provide documentation demonstrating that at least 50% of its gross receipts were derived from the sale of prepared food,

D.
Report of Findings.
1. 1.
  Report of Findings - Alcoholic Liquor, Wine, or Beer. Upon reasonable suspicion that any retail sales establishment other than a liquor store, fuel station, or tobacco store derives more than 40% of its gross receipts from the sale of alcoholic liquor, wine, or beer, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer. If the business does not provide documentation demonstrating that less than 40% of its gross receipts from sales are derived from the sale of alcoholic liquor, wine, or beer within 45 days of the zoning enforcement officer's demand for such documentation, it shall be presumed that the business's principal use is as a liquor store and must comply with all provisions of this chapter pertaining to liquor stores. Such presumption may be overcome by the business timely furnishing a report of findings showing compliance with the alcohol sales percentage requirements of this section for business other than liquor stores, prepared and verified by a certified public accountant as the result of an agreed-upon procedures engagement, identifying the total dollar volume of all receipts, and separately identifying the total dollar volume of gross receipts derived from the sale of alcoholic beverages, and from the sale of all other merchandise and food exclusive of alcoholic beverages, from the business premises in the preceding six months.
  If the presumption is not overcome in the time and manner set forth in the preceding paragraph, then any fuel station or retail sales establishment shall be deemed a liquor store for purposes of this zoning code and shall be subject to the enforcement provisions of this zoning code for any violation thereof.^♦
2. 2.
  Report of Findings - Tobacco. Upon reasonable suspicion that any retail sales establishment other than a tobacco store, fuel station or liquor store, derives more than 40% of its gross receipts from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products, the zoning enforcement officer may require that the owner or operator of the business demonstrate within 45 days that during the prior six months no more than 40% of its gross receipts from sales are derived from the sale of tobacco products, cigarettes, vapor products, and/or alternative nicotine products. If the business does not provide

3.
Report of Findings - Restaurant or Other Uses with On-Premises Alcoholic Consumption. Upon reasonable suspicion that any restaurant or "Other" use with on-site alcoholic consumption does not derive at least 50% of its gross receipts from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services, the zoning enforcement officer may require that the owner or operator of the restaurant or "Other" use with on-site alcoholic consumption demonstrate within 45 days that during the prior six months at least 50% of its gross receipts were derived from the sale of prepared food, food-related services, non-alcoholic beverages, goods other than alcoholic liquor, wine, and beer, admission fees, rental or other facility-use charges, or services. If the business does not provide documentation demonstrating that at least 50% of its gross receipts were derived from the sale of prepared food,

134-3. USES

Accessory Uses

E.
Prohibited Accounting for Alcoholic Beverages. The sale of an alcoholic beverage and any of its component ingredients whether mixed into one beverage or sold separately to the same customer, regardless of intent, shall not be divided for accounting purposes under this chapter.
F.
Effective Date.
1. 1.
  All fuel stations, retail sales establishments, tobacco stores and restaurants that have not continuously held an alcoholic liquor license or a beer or wine permit since July 1, 2012, shall comply with the requirements of paragraphs A., B., C., D., and E. of this sub-section.^♦
2. 2.
  Any fuel station, retail sales establishment, tobacco store or restaurant which has continuously held an alcoholic liquor license or a wine or beer permit since July 1, 2012, shall comply with paragraphs A., B., C., D., and E. of this subsection, exclusive of any changed separation requirements, commencing on December 31, 2013, and prior to that date shall continue to be subject to the general regulations regarding nonconforming uses, as set forth in section 134-7.2 of this code.^♦

3.
Section 134-3.9.9.C shall be effective on and after November 1, 2025. Every limited retail sales establishment, fuel station and tobacco store which held a liquor license on October 31, 2025 and continuously holding such liquor license shall display alcoholic liquor only in a locked case or behind a counter accessible only to employees.^♦

3.9.10 ACCESSORY OFF-SITE PARKING USE^♦

A.
The accessory off-site parking use will be on a lot abutting the permitted principal non-residential use, which abutting lot is connected to the lot containing the permitted principal non-residential use by declaration of zoning lot filed with the county recorder and is owned or controlled by the operator of the permitted principal non-residential use.

B.
The accessory off-site parking use complies with the planning and design requirements of chapter 135, including approval of the off-site parking lot through the Type 2 design alternative procedures of section 135-9.2 of this code in accordance with section 135-6.6.4.C.3.
C.
The accessory off-site parking use is intended for customer and employee personal vehicles only. Limited commercial truck parking shall be permitted only for single rear-axle pickups or vans weighing no more than 6,000 pounds (gross vehicle weight rating). No exterior power apparatus is allowed. This will not permit trailers or other equipment storage.
D.
A directional sign shall be placed in the accessory off-site parking use lot on the boundary line separating the two districts, which shall read “no truck parking behind this point except limited commercial pickups or vans weighing under 6,000 lbs. (G.V.W.R.)” or similar wording.
E.
A Type 1 zoning exception reviewed and approved in accordance with section 134-6.5.2 of this chapter is required for the accessory off-site parking use.

E.
Prohibited Accounting for Alcoholic Beverages. The sale of an alcoholic beverage and any of its component ingredients whether mixed into one beverage or sold separately to the same customer, regardless of intent, shall not be divided for accounting purposes under this chapter.
F.
Effective Date.
1. 1.
  All fuel stations, retail sales establishments, tobacco stores and restaurants that have not continuously held an alcoholic liquor license or a beer or wine permit since July 1, 2012, shall comply with the requirements of paragraphs A., B., C., D., and E. of this sub-section.^♦
2. 2.
  Any fuel station, retail sales establishment, tobacco store or restaurant which has continuously held an alcoholic liquor license or a wine or beer permit since July 1, 2012, shall comply with paragraphs A., B., C., D., and E. of this subsection, exclusive of any changed separation requirements, commencing on December 31, 2013, and prior to that date shall continue to be subject to the general regulations regarding nonconforming uses, as set forth in section 134-7.2 of this code.^♦

3.
Section 134-3.9.9.C shall be effective on and after November 1, 2025. Every limited retail sales establishment, fuel station and tobacco store which held a liquor license on October 31, 2025 and continuously holding such liquor license shall display alcoholic liquor only in a locked case or behind a counter accessible only to employees.^♦

3.9.10 ACCESSORY OFF-SITE PARKING USE^♦

A.
The accessory off-site parking use will be on a lot abutting the permitted principal non-residential use, which abutting lot is connected to the lot containing the permitted principal non-residential use by declaration of zoning lot filed with the county recorder and is owned or controlled by the operator of the permitted principal non-residential use.

B.
The accessory off-site parking use complies with the planning and design requirements of chapter 135, including approval of the off-site parking lot through the Type 2 design alternative procedures of section 135-9.2 of this code in accordance with section 135-6.6.4.C.3.
C.
The accessory off-site parking use is intended for customer and employee personal vehicles only. Limited commercial truck parking shall be permitted only for single rear-axle pickups or vans weighing no more than 6,000 pounds (gross vehicle weight rating). No exterior power apparatus is allowed. This will not permit trailers or other equipment storage.
D.
A directional sign shall be placed in the accessory off-site parking use lot on the boundary line separating the two districts, which shall read “no truck parking behind this point except limited commercial pickups or vans weighing under 6,000 lbs. (G.V.W.R.)” or similar wording.
E.
A Type 1 zoning exception reviewed and approved in accordance with section 134-6.5.2 of this chapter is required for the accessory off-site parking use.

E.
Prohibited Accounting for Alcoholic Beverages. The sale of an alcoholic beverage and any of its component ingredients whether mixed into one beverage or sold separately to the same customer, regardless of intent, shall not be divided for accounting purposes under this chapter.
F.
Effective Date.
1. 1.
  All fuel stations, retail sales establishments, tobacco stores and restaurants that have not continuously held an alcoholic liquor license or a beer or wine permit since July 1, 2012, shall comply with the requirements of paragraphs A., B., C., D., and E. of this sub-section.^♦
2. 2.
  Any fuel station, retail sales establishment, tobacco store or restaurant which has continuously held an alcoholic liquor license or a wine or beer permit since July 1, 2012, shall comply with paragraphs A., B., C., D., and E. of this subsection, exclusive of any changed separation requirements, commencing on December 31, 2013, and prior to that date shall continue to be subject to the general regulations regarding nonconforming uses, as set forth in section 134-7.2 of this code.^♦

3.
Section 134-3.9.9.C shall be effective on and after November 1, 2025. Every limited retail sales establishment, fuel station and tobacco store which held a liquor license on October 31, 2025 and continuously holding such liquor license shall display alcoholic liquor only in a locked case or behind a counter accessible only to employees.^♦

3.9.10 ACCESSORY OFF-SITE PARKING USE^♦

A.
The accessory off-site parking use will be on a lot abutting the permitted principal non-residential use, which abutting lot is connected to the lot containing the permitted principal non-residential use by declaration of zoning lot filed with the county recorder and is owned or controlled by the operator of the permitted principal non-residential use.

B.
The accessory off-site parking use complies with the planning and design requirements of chapter 135, including approval of the off-site parking lot through the Type 2 design alternative procedures of section 135-9.2 of this code in accordance with section 135-6.6.4.C.3.
C.
The accessory off-site parking use is intended for customer and employee personal vehicles only. Limited commercial truck parking shall be permitted only for single rear-axle pickups or vans weighing no more than 6,000 pounds (gross vehicle weight rating). No exterior power apparatus is allowed. This will not permit trailers or other equipment storage.
D.
A directional sign shall be placed in the accessory off-site parking use lot on the boundary line separating the two districts, which shall read “no truck parking behind this point except limited commercial pickups or vans weighing under 6,000 lbs. (G.V.W.R.)” or similar wording.
E.
A Type 1 zoning exception reviewed and approved in accordance with section 134-6.5.2 of this chapter is required for the accessory off-site parking use.

E.
Prohibited Accounting for Alcoholic Beverages. The sale of an alcoholic beverage and any of its component ingredients whether mixed into one beverage or sold separately to the same customer, regardless of intent, shall not be divided for accounting purposes under this chapter.
F.
Effective Date.
1. 1.
  All fuel stations, retail sales establishments, tobacco stores and restaurants that have not continuously held an alcoholic liquor license or a beer or wine permit since July 1, 2012, shall comply with the requirements of paragraphs A., B., C., D., and E. of this sub-section.^♦
2. 2.
  Any fuel station, retail sales establishment, tobacco store or restaurant which has continuously held an alcoholic liquor license or a wine or beer permit since July 1, 2012, shall comply with paragraphs A., B., C., D., and E. of this subsection, exclusive of any changed separation requirements, commencing on December 31, 2013, and prior to that date shall continue to be subject to the general regulations regarding nonconforming uses, as set forth in section 134-7.2 of this code.^♦

3.
Section 134-3.9.9.C shall be effective on and after November 1, 2025. Every limited retail sales establishment, fuel station and tobacco store which held a liquor license on October 31, 2025 and continuously holding such liquor license shall display alcoholic liquor only in a locked case or behind a counter accessible only to employees.^♦

3.9.10 ACCESSORY OFF-SITE PARKING USE^♦

A.
The accessory off-site parking use will be on a lot abutting the permitted principal non-residential use, which abutting lot is connected to the lot containing the permitted principal non-residential use by declaration of zoning lot filed with the county recorder and is owned or controlled by the operator of the permitted principal non-residential use.

B.
The accessory off-site parking use complies with the planning and design requirements of chapter 135, including approval of the off-site parking lot through the Type 2 design alternative procedures of section 135-9.2 of this code in accordance with section 135-6.6.4.C.3.
C.
The accessory off-site parking use is intended for customer and employee personal vehicles only. Limited commercial truck parking shall be permitted only for single rear-axle pickups or vans weighing no more than 6,000 pounds (gross vehicle weight rating). No exterior power apparatus is allowed. This will not permit trailers or other equipment storage.
D.
A directional sign shall be placed in the accessory off-site parking use lot on the boundary line separating the two districts, which shall read “no truck parking behind this point except limited commercial pickups or vans weighing under 6,000 lbs. (G.V.W.R.)” or similar wording.
E.
A Type 1 zoning exception reviewed and approved in accordance with section 134-6.5.2 of this chapter is required for the accessory off-site parking use.

134-3. USES

Accessory Uses

TABLE 134-3.9-1. ALCOHOLIC LIQUOR, WINE AND BEER SALES^♦
USE	DISTRICTS
USE	DX1	DX2	DXR	MX1	MX2	MX3	RX1, RX2	CX, EX, I1	I2	NX2, NX2A	P1, P2	F
Retail Sales
Limited^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	40%/500 1320	—	40%/500 1320	—	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	—	—	—	—
General
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Large
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Fuel Station^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	40%/500 1320	40%/500 1320	—	40%/500 1320	40%/500 1320	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	—	40%/150	40%/150	—	40%/150	40%/150	—	—	—
Liquor Store
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	500 1320	—	500 1320	500 1320	—	—	—
Wine and Beer Sales	—	150	150	150	150	150	—	150	150	—	—	—
Restaurant, Bar, Other Uses
Restaurant with Alcoholic Liquor, Wine and Beer Sales^♦	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	—
Bar				—	150	150	—	150	—	—	150	—
Other Uses with Alcoholic Liquor, Wine and Beer Sales
KEY:
= requires conditional use approval
* = supplemental use regulations apply
— = prohibited
Table Notes^♦
= Uses identified with a symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of 134-6.4 of this chapter.
40% = no more than 40% of the gross receipts from sales from the premises may be derived from the sale of alcoholic liquor, wine or beer. 50% = at least 50% of the gross receipts from sales from the premises must be derived from the sale of prepared food and food-related services. The sale of an alcoholic beverage is not the sale of prepared food and food-related services. 75 = the licensed premises occupied by such use must be separated by at least 75 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 150 = the licensed premises occupied by such use must be separated by at least 150 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 1320 = the licensed premises occupied by such use must be separated by at least 1320 feet from the property line of the lot where any limited retail sales, fuel stations, liquor stores and tobacco stores engaged in the sale of alcoholic liquor is located.

TABLE 134-3.9-1. ALCOHOLIC LIQUOR, WINE AND BEER SALES^♦
USE	DISTRICTS
USE	DX1	DX2	DXR	MX1	MX2	MX3	RX1, RX2	CX, EX, I1	I2	NX2, NX2A	P1, P2	F
Retail Sales
Limited^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	40%/500 1320	—	40%/500 1320	—	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	—	—	—	—
General
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Large
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Fuel Station^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	40%/500 1320	40%/500 1320	—	40%/500 1320	40%/500 1320	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	—	40%/150	40%/150	—	40%/150	40%/150	—	—	—
Liquor Store
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	500 1320	—	500 1320	500 1320	—	—	—
Wine and Beer Sales	—	150	150	150	150	150	—	150	150	—	—	—
Restaurant, Bar, Other Uses
Restaurant with Alcoholic Liquor, Wine and Beer Sales^♦	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	—
Bar				—	150	150	—	150	—	—	150	—
Other Uses with Alcoholic Liquor, Wine and Beer Sales
KEY:
= requires conditional use approval
* = supplemental use regulations apply
— = prohibited
Table Notes^♦
= Uses identified with a symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of 134-6.4 of this chapter.
40% = no more than 40% of the gross receipts from sales from the premises may be derived from the sale of alcoholic liquor, wine or beer. 50% = at least 50% of the gross receipts from sales from the premises must be derived from the sale of prepared food and food-related services. The sale of an alcoholic beverage is not the sale of prepared food and food-related services. 75 = the licensed premises occupied by such use must be separated by at least 75 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 150 = the licensed premises occupied by such use must be separated by at least 150 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 1320 = the licensed premises occupied by such use must be separated by at least 1320 feet from the property line of the lot where any limited retail sales, fuel stations, liquor stores and tobacco stores engaged in the sale of alcoholic liquor is located.

TABLE 134-3.9-1. ALCOHOLIC LIQUOR, WINE AND BEER SALES^♦
USE	DISTRICTS
USE	DX1	DX2	DXR	MX1	MX2	MX3	RX1, RX2	CX, EX, I1	I2	NX2, NX2A	P1, P2	F
Retail Sales
Limited^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	40%/500 1320	—	40%/500 1320	—	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	—	—	—	—
General
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Large
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Fuel Station^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	40%/500 1320	40%/500 1320	—	40%/500 1320	40%/500 1320	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	—	40%/150	40%/150	—	40%/150	40%/150	—	—	—
Liquor Store
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	500 1320	—	500 1320	500 1320	—	—	—
Wine and Beer Sales	—	150	150	150	150	150	—	150	150	—	—	—
Restaurant, Bar, Other Uses
Restaurant with Alcoholic Liquor, Wine and Beer Sales^♦	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	—
Bar				—	150	150	—	150	—	—	150	—
Other Uses with Alcoholic Liquor, Wine and Beer Sales
KEY:
= requires conditional use approval
* = supplemental use regulations apply
— = prohibited
Table Notes^♦
= Uses identified with a symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of 134-6.4 of this chapter.
40% = no more than 40% of the gross receipts from sales from the premises may be derived from the sale of alcoholic liquor, wine or beer. 50% = at least 50% of the gross receipts from sales from the premises must be derived from the sale of prepared food and food-related services. The sale of an alcoholic beverage is not the sale of prepared food and food-related services. 75 = the licensed premises occupied by such use must be separated by at least 75 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 150 = the licensed premises occupied by such use must be separated by at least 150 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 1320 = the licensed premises occupied by such use must be separated by at least 1320 feet from the property line of the lot where any limited retail sales, fuel stations, liquor stores and tobacco stores engaged in the sale of alcoholic liquor is located.

TABLE 134-3.9-1. ALCOHOLIC LIQUOR, WINE AND BEER SALES^♦
USE	DISTRICTS
USE	DX1	DX2	DXR	MX1	MX2	MX3	RX1, RX2	CX, EX, I1	I2	NX2, NX2A	P1, P2	F
Retail Sales
Limited^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	40%/500 1320	—	40%/500 1320	—	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	40%/150	—	—	—	—
General
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	40%/75	—	40%/75	40%/75	—	40%/75	—	—	—	—
Large
Alcoholic Liquor, Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Wine and Beer Sales	40%/75	40%/75	—	—	—	—	—	40%/75	—	—	—	—
Fuel Station^♦
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	40%/500 1320	40%/500 1320	—	40%/500 1320	40%/500 1320	—	—	—
Wine and Beer Sales	—	40%/150	40%/150	—	40%/150	40%/150	—	40%/150	40%/150	—	—	—
Liquor Store
Alcoholic Liquor, Wine and Beer Sales	—	—	—	—	—	500 1320	—	500 1320	500 1320	—	—	—
Wine and Beer Sales	—	150	150	150	150	150	—	150	150	—	—	—
Restaurant, Bar, Other Uses
Restaurant with Alcoholic Liquor, Wine and Beer Sales^♦	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	50%	—
Bar				—	150	150	—	150	—	—	150	—
Other Uses with Alcoholic Liquor, Wine and Beer Sales
KEY:
= requires conditional use approval
* = supplemental use regulations apply
— = prohibited
Table Notes^♦
= Uses identified with a symbol are allowed only if reviewed and approved in accordance with the conditional use procedures of 134-6.4 of this chapter.
40% = no more than 40% of the gross receipts from sales from the premises may be derived from the sale of alcoholic liquor, wine or beer. 50% = at least 50% of the gross receipts from sales from the premises must be derived from the sale of prepared food and food-related services. The sale of an alcoholic beverage is not the sale of prepared food and food-related services. 75 = the licensed premises occupied by such use must be separated by at least 75 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 150 = the licensed premises occupied by such use must be separated by at least 150 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 500 = the licensed premises occupied by such use must be separated by at least 500 feet from the property line of the lot where any church or place of worship, school, public park or licensed child care facility as defined by Iowa Code Chapter 237A, are located. However, this condition is not applicable in the DX1, DX2, and DXR districts. 1320 = the licensed premises occupied by such use must be separated by at least 1320 feet from the property line of the lot where any limited retail sales, fuel stations, liquor stores and tobacco stores engaged in the sale of alcoholic liquor is located.

134-3. USES

Temporary Uses

134-3.10 Temporary Uses^♦

3.10.1 DESCRIPTION AND PURPOSE

A.
A temporary use is the use of private property that does not require a building permit and that may or may not comply with the use and lot and building regulations of the zoning district in which the temporary use is located.
B.
The temporary use regulations of this section are intended to permit such occasional, temporary uses and activities when consistent with the purposes and regulations of this zoning ordinance.

3.10.2 AUTHORITY TO APPROVE

A.
All temporary uses require approval of a temporary use unless otherwise expressly stated.
B.
The neighborhood services director is authorized to establish administrative procedures governing the processing, review and approval of temporary uses.
C.
The neighborhood services director is authorized to approve temporary uses that comply with the provisions of this section and to impose conditions on the operation of temporary uses to help ensure that they do not create significant adverse impacts on surrounding uses and that they operate safely and without causing nuisances, consistent with the general purposes of this zoning ordinance.
D.
Temporary uses that do not comply with all applicable regulations and all conditions of approval may be approved in accordance with the conditional use procedures of section 134-6.4 of this chapter. The neighborhood services director is authorized to refer any temporary use to the board of adjustment for consideration in accordance with conditional use procedures of section 134-6.4 of this chapter.

3.10.3 GENERAL PROCEDURE

A.
Requirements for vehicle access and parking;
B.
Restrictions on hours of operation and duration;
C.
Limitations on signs and outdoor lighting;
D.
Requirements for financial guarantees covering the costs of cleanup or removal of structures or equipment; and
E.
Other conditions necessary to carry out the stated purposes of this zoning ordinance and the municipal code.

3.10.4 AUTHORIZED USES

3.10.5 GARAGE SALES

Garage sales located on lots occupied by any residential household unit(s) are permitted without approval of the temporary use, subject to the following supplemental regulations:^♦

A.
No more than two garage sales may be conducted on a single lot in any calendar year, with each garage sale limited to no more than four consecutive days in duration. These limits apply on a per-lot basis, regardless of the person conducting the garage sale.
B.
No person conducting a garage sale may sell merchandise at the garage sale acquired solely for resale purposes.
C.
Garage sales are sometimes referred to as “yard sales,” “estate sales,” “moving sales,” “occasional sales” and other similar names. All such sales, by whatever name, are classified and regulated as “garage sales.”^♦

134-3.10 Temporary Uses^♦

3.10.1 DESCRIPTION AND PURPOSE

A.
A temporary use is the use of private property that does not require a building permit and that may or may not comply with the use and lot and building regulations of the zoning district in which the temporary use is located.
B.
The temporary use regulations of this section are intended to permit such occasional, temporary uses and activities when consistent with the purposes and regulations of this zoning ordinance.

3.10.2 AUTHORITY TO APPROVE

A.
All temporary uses require approval of a temporary use unless otherwise expressly stated.
B.
The neighborhood services director is authorized to establish administrative procedures governing the processing, review and approval of temporary uses.
C.
The neighborhood services director is authorized to approve temporary uses that comply with the provisions of this section and to impose conditions on the operation of temporary uses to help ensure that they do not create significant adverse impacts on surrounding uses and that they operate safely and without causing nuisances, consistent with the general purposes of this zoning ordinance.
D.
Temporary uses that do not comply with all applicable regulations and all conditions of approval may be approved in accordance with the conditional use procedures of section 134-6.4 of this chapter. The neighborhood services director is authorized to refer any temporary use to the board of adjustment for consideration in accordance with conditional use procedures of section 134-6.4 of this chapter.

3.10.3 GENERAL PROCEDURE

A.
Requirements for vehicle access and parking;
B.
Restrictions on hours of operation and duration;
C.
Limitations on signs and outdoor lighting;
D.
Requirements for financial guarantees covering the costs of cleanup or removal of structures or equipment; and
E.
Other conditions necessary to carry out the stated purposes of this zoning ordinance and the municipal code.

3.10.4 AUTHORIZED USES

3.10.5 GARAGE SALES

Garage sales located on lots occupied by any residential household unit(s) are permitted without approval of the temporary use, subject to the following supplemental regulations:^♦

A.
No more than two garage sales may be conducted on a single lot in any calendar year, with each garage sale limited to no more than four consecutive days in duration. These limits apply on a per-lot basis, regardless of the person conducting the garage sale.
B.
No person conducting a garage sale may sell merchandise at the garage sale acquired solely for resale purposes.
C.
Garage sales are sometimes referred to as “yard sales,” “estate sales,” “moving sales,” “occasional sales” and other similar names. All such sales, by whatever name, are classified and regulated as “garage sales.”^♦

134-3.10 Temporary Uses^♦

3.10.1 DESCRIPTION AND PURPOSE

A.
A temporary use is the use of private property that does not require a building permit and that may or may not comply with the use and lot and building regulations of the zoning district in which the temporary use is located.
B.
The temporary use regulations of this section are intended to permit such occasional, temporary uses and activities when consistent with the purposes and regulations of this zoning ordinance.

3.10.2 AUTHORITY TO APPROVE

A.
All temporary uses require approval of a temporary use unless otherwise expressly stated.
B.
The neighborhood services director is authorized to establish administrative procedures governing the processing, review and approval of temporary uses.
C.
The neighborhood services director is authorized to approve temporary uses that comply with the provisions of this section and to impose conditions on the operation of temporary uses to help ensure that they do not create significant adverse impacts on surrounding uses and that they operate safely and without causing nuisances, consistent with the general purposes of this zoning ordinance.
D.
Temporary uses that do not comply with all applicable regulations and all conditions of approval may be approved in accordance with the conditional use procedures of section 134-6.4 of this chapter. The neighborhood services director is authorized to refer any temporary use to the board of adjustment for consideration in accordance with conditional use procedures of section 134-6.4 of this chapter.

3.10.3 GENERAL PROCEDURE

A.
Requirements for vehicle access and parking;
B.
Restrictions on hours of operation and duration;
C.
Limitations on signs and outdoor lighting;
D.
Requirements for financial guarantees covering the costs of cleanup or removal of structures or equipment; and
E.
Other conditions necessary to carry out the stated purposes of this zoning ordinance and the municipal code.

3.10.4 AUTHORIZED USES

3.10.5 GARAGE SALES

Garage sales located on lots occupied by any residential household unit(s) are permitted without approval of the temporary use, subject to the following supplemental regulations:^♦

A.
No more than two garage sales may be conducted on a single lot in any calendar year, with each garage sale limited to no more than four consecutive days in duration. These limits apply on a per-lot basis, regardless of the person conducting the garage sale.
B.
No person conducting a garage sale may sell merchandise at the garage sale acquired solely for resale purposes.
C.
Garage sales are sometimes referred to as “yard sales,” “estate sales,” “moving sales,” “occasional sales” and other similar names. All such sales, by whatever name, are classified and regulated as “garage sales.”^♦

134-3.10 Temporary Uses^♦

3.10.1 DESCRIPTION AND PURPOSE

A.
A temporary use is the use of private property that does not require a building permit and that may or may not comply with the use and lot and building regulations of the zoning district in which the temporary use is located.
B.
The temporary use regulations of this section are intended to permit such occasional, temporary uses and activities when consistent with the purposes and regulations of this zoning ordinance.

3.10.2 AUTHORITY TO APPROVE

A.
All temporary uses require approval of a temporary use unless otherwise expressly stated.
B.
The neighborhood services director is authorized to establish administrative procedures governing the processing, review and approval of temporary uses.
C.
The neighborhood services director is authorized to approve temporary uses that comply with the provisions of this section and to impose conditions on the operation of temporary uses to help ensure that they do not create significant adverse impacts on surrounding uses and that they operate safely and without causing nuisances, consistent with the general purposes of this zoning ordinance.
D.
Temporary uses that do not comply with all applicable regulations and all conditions of approval may be approved in accordance with the conditional use procedures of section 134-6.4 of this chapter. The neighborhood services director is authorized to refer any temporary use to the board of adjustment for consideration in accordance with conditional use procedures of section 134-6.4 of this chapter.

3.10.3 GENERAL PROCEDURE

A.
Requirements for vehicle access and parking;
B.
Restrictions on hours of operation and duration;
C.
Limitations on signs and outdoor lighting;
D.
Requirements for financial guarantees covering the costs of cleanup or removal of structures or equipment; and
E.
Other conditions necessary to carry out the stated purposes of this zoning ordinance and the municipal code.

3.10.4 AUTHORIZED USES

3.10.5 GARAGE SALES

Garage sales located on lots occupied by any residential household unit(s) are permitted without approval of the temporary use, subject to the following supplemental regulations:^♦

A.
No more than two garage sales may be conducted on a single lot in any calendar year, with each garage sale limited to no more than four consecutive days in duration. These limits apply on a per-lot basis, regardless of the person conducting the garage sale.
B.
No person conducting a garage sale may sell merchandise at the garage sale acquired solely for resale purposes.
C.
Garage sales are sometimes referred to as “yard sales,” “estate sales,” “moving sales,” “occasional sales” and other similar names. All such sales, by whatever name, are classified and regulated as “garage sales.”^♦

134-3. USES

Temporary Uses

D.
Authorization to conduct more than two garage sales in any calendar year requires review and approval with conditional use procedures of section 134-6.4 of this chapter.
E.
Any other type of sale, or any similar sales in excess of the annual number allowed by this section, on lots occupied by household unit(s) shall constitute a commercial use not permitted in a residential zoning district.

3.10.6 CAMPING^♦

Subject to the approval process set forth in this Article, camping is allowed as a temporary accessory use on lots occupied by any principal Place of Worship use.

A.
Sanitation, including, but not limited to: trash removal; toilets; shower, hand-washing, or other hygiene facilities; and recycling or garbage facilities;
B.
Areas where tents may be set up and space requirements for each tent;
C.
Size limitations for tents or occupancy limits for each tent;
D.
How long the temporary camping use may be permitted;

3.10.7 EMERGENCY SHELTER - PLACE OF WORSHIP^♦

A.
Notwithstanding any other provision of this code to the contrary, including specifically section 134-3.3.2.E, any principal structure with a Place of Worship use categorization may be used as a temporary emergency shelter if any of the following conditions exist:

1.
The Mayor of the City of Des Moines, the Iowa Governor, or the United States President or any other person possessing and exercising necessary authority issues an Emergency Declaration for the area containing the structure;
2.
The wind chill factor as measured at the Des Moines International Airport is: less than 10 degrees Fahrenheit (-12.2222 degrees Celsius) for three or more consecutive days; less than 5 degrees Fahrenheit (-15 degrees Celsius) for two or more consecutive days; or less than 0 degrees Fahrenheit (-17.7778 degrees Celsius) for one or more days; or
3.
The heat index as measured at the Des Moines International Airport is greater than 95 degrees Fahrenheit (35 degrees Celsius) and/or 2 consecutive days in which the heat index does not fall below 75 degrees (23.8889 degrees Celsius) at night.

B.
Whenever a temporary emergency use is authorized under subsection A, above, the use may continue so long as the qualifying condition continues.
C.
Whenever a temporary emergency use is authorized under subsection A, above, the use is not required to request or receive approval under section 134-3.10.2.A.
D.
The neighborhood services director or their designee is authorized to direct the termination of any temporary emergency shelter use under this section if such use presents an imminent threat to the health, safety, or welfare of the structure being used or the occupants thereof, any neighboring persons or property, or the general public.
E.
The neighborhood services director may impose any conditions on such temporary emergency shelter use they deem necessary to mitigate potential adverse impacts or protect the health, safety, and welfare of occupants, structures, or the general public.

D.
Authorization to conduct more than two garage sales in any calendar year requires review and approval with conditional use procedures of section 134-6.4 of this chapter.
E.
Any other type of sale, or any similar sales in excess of the annual number allowed by this section, on lots occupied by household unit(s) shall constitute a commercial use not permitted in a residential zoning district.

3.10.6 CAMPING^♦

Subject to the approval process set forth in this Article, camping is allowed as a temporary accessory use on lots occupied by any principal Place of Worship use.

A.
Sanitation, including, but not limited to: trash removal; toilets; shower, hand-washing, or other hygiene facilities; and recycling or garbage facilities;
B.
Areas where tents may be set up and space requirements for each tent;
C.
Size limitations for tents or occupancy limits for each tent;
D.
How long the temporary camping use may be permitted;

3.10.7 EMERGENCY SHELTER - PLACE OF WORSHIP^♦

A.
Notwithstanding any other provision of this code to the contrary, including specifically section 134-3.3.2.E, any principal structure with a Place of Worship use categorization may be used as a temporary emergency shelter if any of the following conditions exist:

1.
The Mayor of the City of Des Moines, the Iowa Governor, or the United States President or any other person possessing and exercising necessary authority issues an Emergency Declaration for the area containing the structure;
2.
The wind chill factor as measured at the Des Moines International Airport is: less than 10 degrees Fahrenheit (-12.2222 degrees Celsius) for three or more consecutive days; less than 5 degrees Fahrenheit (-15 degrees Celsius) for two or more consecutive days; or less than 0 degrees Fahrenheit (-17.7778 degrees Celsius) for one or more days; or
3.
The heat index as measured at the Des Moines International Airport is greater than 95 degrees Fahrenheit (35 degrees Celsius) and/or 2 consecutive days in which the heat index does not fall below 75 degrees (23.8889 degrees Celsius) at night.

B.
Whenever a temporary emergency use is authorized under subsection A, above, the use may continue so long as the qualifying condition continues.
C.
Whenever a temporary emergency use is authorized under subsection A, above, the use is not required to request or receive approval under section 134-3.10.2.A.
D.
The neighborhood services director or their designee is authorized to direct the termination of any temporary emergency shelter use under this section if such use presents an imminent threat to the health, safety, or welfare of the structure being used or the occupants thereof, any neighboring persons or property, or the general public.
E.
The neighborhood services director may impose any conditions on such temporary emergency shelter use they deem necessary to mitigate potential adverse impacts or protect the health, safety, and welfare of occupants, structures, or the general public.

D.
Authorization to conduct more than two garage sales in any calendar year requires review and approval with conditional use procedures of section 134-6.4 of this chapter.
E.
Any other type of sale, or any similar sales in excess of the annual number allowed by this section, on lots occupied by household unit(s) shall constitute a commercial use not permitted in a residential zoning district.

3.10.6 CAMPING^♦

Subject to the approval process set forth in this Article, camping is allowed as a temporary accessory use on lots occupied by any principal Place of Worship use.

A.
Sanitation, including, but not limited to: trash removal; toilets; shower, hand-washing, or other hygiene facilities; and recycling or garbage facilities;
B.
Areas where tents may be set up and space requirements for each tent;
C.
Size limitations for tents or occupancy limits for each tent;
D.
How long the temporary camping use may be permitted;

3.10.7 EMERGENCY SHELTER - PLACE OF WORSHIP^♦

A.
Notwithstanding any other provision of this code to the contrary, including specifically section 134-3.3.2.E, any principal structure with a Place of Worship use categorization may be used as a temporary emergency shelter if any of the following conditions exist:

1.
The Mayor of the City of Des Moines, the Iowa Governor, or the United States President or any other person possessing and exercising necessary authority issues an Emergency Declaration for the area containing the structure;
2.
The wind chill factor as measured at the Des Moines International Airport is: less than 10 degrees Fahrenheit (-12.2222 degrees Celsius) for three or more consecutive days; less than 5 degrees Fahrenheit (-15 degrees Celsius) for two or more consecutive days; or less than 0 degrees Fahrenheit (-17.7778 degrees Celsius) for one or more days; or
3.
The heat index as measured at the Des Moines International Airport is greater than 95 degrees Fahrenheit (35 degrees Celsius) and/or 2 consecutive days in which the heat index does not fall below 75 degrees (23.8889 degrees Celsius) at night.

B.
Whenever a temporary emergency use is authorized under subsection A, above, the use may continue so long as the qualifying condition continues.
C.
Whenever a temporary emergency use is authorized under subsection A, above, the use is not required to request or receive approval under section 134-3.10.2.A.
D.
The neighborhood services director or their designee is authorized to direct the termination of any temporary emergency shelter use under this section if such use presents an imminent threat to the health, safety, or welfare of the structure being used or the occupants thereof, any neighboring persons or property, or the general public.
E.
The neighborhood services director may impose any conditions on such temporary emergency shelter use they deem necessary to mitigate potential adverse impacts or protect the health, safety, and welfare of occupants, structures, or the general public.

D.
Authorization to conduct more than two garage sales in any calendar year requires review and approval with conditional use procedures of section 134-6.4 of this chapter.
E.
Any other type of sale, or any similar sales in excess of the annual number allowed by this section, on lots occupied by household unit(s) shall constitute a commercial use not permitted in a residential zoning district.

3.10.6 CAMPING^♦

Subject to the approval process set forth in this Article, camping is allowed as a temporary accessory use on lots occupied by any principal Place of Worship use.

A.
Sanitation, including, but not limited to: trash removal; toilets; shower, hand-washing, or other hygiene facilities; and recycling or garbage facilities;
B.
Areas where tents may be set up and space requirements for each tent;
C.
Size limitations for tents or occupancy limits for each tent;
D.
How long the temporary camping use may be permitted;

3.10.7 EMERGENCY SHELTER - PLACE OF WORSHIP^♦

A.
Notwithstanding any other provision of this code to the contrary, including specifically section 134-3.3.2.E, any principal structure with a Place of Worship use categorization may be used as a temporary emergency shelter if any of the following conditions exist:

1.
The Mayor of the City of Des Moines, the Iowa Governor, or the United States President or any other person possessing and exercising necessary authority issues an Emergency Declaration for the area containing the structure;
2.
The wind chill factor as measured at the Des Moines International Airport is: less than 10 degrees Fahrenheit (-12.2222 degrees Celsius) for three or more consecutive days; less than 5 degrees Fahrenheit (-15 degrees Celsius) for two or more consecutive days; or less than 0 degrees Fahrenheit (-17.7778 degrees Celsius) for one or more days; or
3.
The heat index as measured at the Des Moines International Airport is greater than 95 degrees Fahrenheit (35 degrees Celsius) and/or 2 consecutive days in which the heat index does not fall below 75 degrees (23.8889 degrees Celsius) at night.

B.
Whenever a temporary emergency use is authorized under subsection A, above, the use may continue so long as the qualifying condition continues.
C.
Whenever a temporary emergency use is authorized under subsection A, above, the use is not required to request or receive approval under section 134-3.10.2.A.
D.
The neighborhood services director or their designee is authorized to direct the termination of any temporary emergency shelter use under this section if such use presents an imminent threat to the health, safety, or welfare of the structure being used or the occupants thereof, any neighboring persons or property, or the general public.
E.
The neighborhood services director may impose any conditions on such temporary emergency shelter use they deem necessary to mitigate potential adverse impacts or protect the health, safety, and welfare of occupants, structures, or the general public.

134-3. USES

Amending Ordinances

Text Reference
Amended paragraphs within the text are identified with a diamond symbol ^♦
Ordinance Number	Amended Paragraphs
15,844	134-3.5.13.C, 134-3.5.17.A, 134-3.8.3 (Repealed), Table 134-3.1-1 Lodging, Table 134-3.9-1
15,865	Table 134-3.9-1
16,025	134-3.1.2.B, Table 134-3.1-1 Bail Bonds, Table 134-3.1-1 Delayed Deposit Services, Table 134-3.1-1 Pawnbroker, Table 134-3.1-1 Indoor, Table 134-3.1-1 Outdoor, Table 134-3.1-1 Key, Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households, Table 134-3.1-1 Consumer Maintenance and Repair, Table 134-3.1-1 Restaurant, Table 134-3.1-1 Bar, Table 134-3.1-1 Limited, Table 134-3.1-1 General, Table 134-3.1-1 Large-Format, Table 134-3.1-1 Liquor Store, Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Lodging, 134-3.1.2.G, 134-3.3.2.F, 134-3.5.2, 134-3.5.3.A, 134-3.5.10.A, 134-3.5.10.B, 134-3.5.11.D, 134-3.5.13.C (Repealed), 134-3.5.15, 134-3.5.16.D, 134-3.5.16.E, 134-3.6.1.A, 134-3.6.3.E, 134-3.6.4.A, 134-3.6.4.B.4, 134-3.6.4.B.7, 134-3.8, 134-3.8.1, 134-3.9.1.B.4, 134-3.9.1.B.5, 134-3.9.3.C, 134-3.9.4.B.1, 134-3.9.4.E.1, 134-3.9.4.F.1, 134-3.9.4.F.1.d, 134-3.9.4.G.1, 134-3.9.5.B.2, 134-3.9.8, 134-3.9.9.A, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.D, 134-3.9.9.D.3, 134-3.9.10, Table 134-3.9-1, 134-3.10, 134-3.10.5, 134-3.10.5.C
16,044	134-3.5.17, 134-3.9.6, 134-3.9.6.A
16,125	134-3.9.2
16,227	134-3.6.3.A, 134-3.6.3.E.5 (Repealed), 134-3.9.6.A, 134-3.9.6.B, 134-3.9.6.C (Repealed), 134-3.9.6.D (Repealed)
16,273	Table 134-3.1-1 Consumer Fireworks Sales, Table 134-3.1-1 Key, 134-3.8.1.B, Table 134-3.9-1 Limited, Table 134-3.9-1 Fuel Station
16,345	Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households
16,398	Table 134-3.1.1 Data Center, Table 134-3.1.1 Day Care, Table 134-3.1.1 Day Services, Adult, Table 134-3.1.1 Medical, Table 134-3.1.1 Parking Structure, Table 134-3.1.1 Agricultural, Table 134-3.1-1 Key, 134-3.5.7, 134-3.7.1, 134-3.7.2, 134-3.7.3, 134-3.7.4, 134-3.7.5, 134-3.9.4.B.3 (Repealed), 134-3.9.4.B.7 (Repealed), 134-3.9.4.D, 134-3.9.4.D.1, 134-3.9.4.D.2, 134-3.9.4.E.2.d, 134-3.9.4.F.2.d, 134-3.9.4.G.7, 134-3.9.9.C.3.c (Repealed)
16,461	Table 134-3.1-1 Other group living uses, Table 134-3.1-1 Storage, Distribution and Wholesaling (Wholesale sales and distribution repealed), Table 134-3.1-1 Trucking & Transportation Terminal, Minor, Table 134-3.1-1 Trucking & Transportation Terminal, Major, 134-3.3.2.F, 134-3.6.2, 134-3.6.2.A, 134-3.6.2.B, 134-3.6.3.B, 134-3.6.3.C, 134-3.6.3.D, 134-3.9.6
16,469	134-3.10.6, 134-3.10.7
16,510	Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Key, 134-3.5.16.D and E (Repealed), 134-3.9.2, 134-3.9.2.A, 134-3.9.2.B, 134-3.9.2.C, 134-3.9.2.D, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.C.2, 134-3.9.9.C.3, 134-3.9.9.C.5 (Repealed), 134-3.9.9.D.1, 134-3.9.9.D.2, 134-3.9.9.D.3, 134-3.9.9.F (Repealed), 134-3.9.9.F.1, 134-3.9.9.F.2, 134-3.9.9.F.3, Table 134-3.9-1 Alcoholic Liquor, Wine and Beer Sales - Tobacco Store (Repealed), Table 134-3.9-1 Table Notes

Text Reference
Amended paragraphs within the text are identified with a diamond symbol ^♦
Ordinance Number	Amended Paragraphs
15,844	134-3.5.13.C, 134-3.5.17.A, 134-3.8.3 (Repealed), Table 134-3.1-1 Lodging, Table 134-3.9-1
15,865	Table 134-3.9-1
16,025	134-3.1.2.B, Table 134-3.1-1 Bail Bonds, Table 134-3.1-1 Delayed Deposit Services, Table 134-3.1-1 Pawnbroker, Table 134-3.1-1 Indoor, Table 134-3.1-1 Outdoor, Table 134-3.1-1 Key, Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households, Table 134-3.1-1 Consumer Maintenance and Repair, Table 134-3.1-1 Restaurant, Table 134-3.1-1 Bar, Table 134-3.1-1 Limited, Table 134-3.1-1 General, Table 134-3.1-1 Large-Format, Table 134-3.1-1 Liquor Store, Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Lodging, 134-3.1.2.G, 134-3.3.2.F, 134-3.5.2, 134-3.5.3.A, 134-3.5.10.A, 134-3.5.10.B, 134-3.5.11.D, 134-3.5.13.C (Repealed), 134-3.5.15, 134-3.5.16.D, 134-3.5.16.E, 134-3.6.1.A, 134-3.6.3.E, 134-3.6.4.A, 134-3.6.4.B.4, 134-3.6.4.B.7, 134-3.8, 134-3.8.1, 134-3.9.1.B.4, 134-3.9.1.B.5, 134-3.9.3.C, 134-3.9.4.B.1, 134-3.9.4.E.1, 134-3.9.4.F.1, 134-3.9.4.F.1.d, 134-3.9.4.G.1, 134-3.9.5.B.2, 134-3.9.8, 134-3.9.9.A, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.D, 134-3.9.9.D.3, 134-3.9.10, Table 134-3.9-1, 134-3.10, 134-3.10.5, 134-3.10.5.C
16,044	134-3.5.17, 134-3.9.6, 134-3.9.6.A
16,125	134-3.9.2
16,227	134-3.6.3.A, 134-3.6.3.E.5 (Repealed), 134-3.9.6.A, 134-3.9.6.B, 134-3.9.6.C (Repealed), 134-3.9.6.D (Repealed)
16,273	Table 134-3.1-1 Consumer Fireworks Sales, Table 134-3.1-1 Key, 134-3.8.1.B, Table 134-3.9-1 Limited, Table 134-3.9-1 Fuel Station
16,345	Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households
16,398	Table 134-3.1.1 Data Center, Table 134-3.1.1 Day Care, Table 134-3.1.1 Day Services, Adult, Table 134-3.1.1 Medical, Table 134-3.1.1 Parking Structure, Table 134-3.1.1 Agricultural, Table 134-3.1-1 Key, 134-3.5.7, 134-3.7.1, 134-3.7.2, 134-3.7.3, 134-3.7.4, 134-3.7.5, 134-3.9.4.B.3 (Repealed), 134-3.9.4.B.7 (Repealed), 134-3.9.4.D, 134-3.9.4.D.1, 134-3.9.4.D.2, 134-3.9.4.E.2.d, 134-3.9.4.F.2.d, 134-3.9.4.G.7, 134-3.9.9.C.3.c (Repealed)
16,461	Table 134-3.1-1 Other group living uses, Table 134-3.1-1 Storage, Distribution and Wholesaling (Wholesale sales and distribution repealed), Table 134-3.1-1 Trucking & Transportation Terminal, Minor, Table 134-3.1-1 Trucking & Transportation Terminal, Major, 134-3.3.2.F, 134-3.6.2, 134-3.6.2.A, 134-3.6.2.B, 134-3.6.3.B, 134-3.6.3.C, 134-3.6.3.D, 134-3.9.6
16,469	134-3.10.6, 134-3.10.7
16,510	Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Key, 134-3.5.16.D and E (Repealed), 134-3.9.2, 134-3.9.2.A, 134-3.9.2.B, 134-3.9.2.C, 134-3.9.2.D, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.C.2, 134-3.9.9.C.3, 134-3.9.9.C.5 (Repealed), 134-3.9.9.D.1, 134-3.9.9.D.2, 134-3.9.9.D.3, 134-3.9.9.F (Repealed), 134-3.9.9.F.1, 134-3.9.9.F.2, 134-3.9.9.F.3, Table 134-3.9-1 Alcoholic Liquor, Wine and Beer Sales - Tobacco Store (Repealed), Table 134-3.9-1 Table Notes

Text Reference
Amended paragraphs within the text are identified with a diamond symbol ^♦
Ordinance Number	Amended Paragraphs
15,844	134-3.5.13.C, 134-3.5.17.A, 134-3.8.3 (Repealed), Table 134-3.1-1 Lodging, Table 134-3.9-1
15,865	Table 134-3.9-1
16,025	134-3.1.2.B, Table 134-3.1-1 Bail Bonds, Table 134-3.1-1 Delayed Deposit Services, Table 134-3.1-1 Pawnbroker, Table 134-3.1-1 Indoor, Table 134-3.1-1 Outdoor, Table 134-3.1-1 Key, Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households, Table 134-3.1-1 Consumer Maintenance and Repair, Table 134-3.1-1 Restaurant, Table 134-3.1-1 Bar, Table 134-3.1-1 Limited, Table 134-3.1-1 General, Table 134-3.1-1 Large-Format, Table 134-3.1-1 Liquor Store, Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Lodging, 134-3.1.2.G, 134-3.3.2.F, 134-3.5.2, 134-3.5.3.A, 134-3.5.10.A, 134-3.5.10.B, 134-3.5.11.D, 134-3.5.13.C (Repealed), 134-3.5.15, 134-3.5.16.D, 134-3.5.16.E, 134-3.6.1.A, 134-3.6.3.E, 134-3.6.4.A, 134-3.6.4.B.4, 134-3.6.4.B.7, 134-3.8, 134-3.8.1, 134-3.9.1.B.4, 134-3.9.1.B.5, 134-3.9.3.C, 134-3.9.4.B.1, 134-3.9.4.E.1, 134-3.9.4.F.1, 134-3.9.4.F.1.d, 134-3.9.4.G.1, 134-3.9.5.B.2, 134-3.9.8, 134-3.9.9.A, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.D, 134-3.9.9.D.3, 134-3.9.10, Table 134-3.9-1, 134-3.10, 134-3.10.5, 134-3.10.5.C
16,044	134-3.5.17, 134-3.9.6, 134-3.9.6.A
16,125	134-3.9.2
16,227	134-3.6.3.A, 134-3.6.3.E.5 (Repealed), 134-3.9.6.A, 134-3.9.6.B, 134-3.9.6.C (Repealed), 134-3.9.6.D (Repealed)
16,273	Table 134-3.1-1 Consumer Fireworks Sales, Table 134-3.1-1 Key, 134-3.8.1.B, Table 134-3.9-1 Limited, Table 134-3.9-1 Fuel Station
16,345	Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households
16,398	Table 134-3.1.1 Data Center, Table 134-3.1.1 Day Care, Table 134-3.1.1 Day Services, Adult, Table 134-3.1.1 Medical, Table 134-3.1.1 Parking Structure, Table 134-3.1.1 Agricultural, Table 134-3.1-1 Key, 134-3.5.7, 134-3.7.1, 134-3.7.2, 134-3.7.3, 134-3.7.4, 134-3.7.5, 134-3.9.4.B.3 (Repealed), 134-3.9.4.B.7 (Repealed), 134-3.9.4.D, 134-3.9.4.D.1, 134-3.9.4.D.2, 134-3.9.4.E.2.d, 134-3.9.4.F.2.d, 134-3.9.4.G.7, 134-3.9.9.C.3.c (Repealed)
16,461	Table 134-3.1-1 Other group living uses, Table 134-3.1-1 Storage, Distribution and Wholesaling (Wholesale sales and distribution repealed), Table 134-3.1-1 Trucking & Transportation Terminal, Minor, Table 134-3.1-1 Trucking & Transportation Terminal, Major, 134-3.3.2.F, 134-3.6.2, 134-3.6.2.A, 134-3.6.2.B, 134-3.6.3.B, 134-3.6.3.C, 134-3.6.3.D, 134-3.9.6
16,469	134-3.10.6, 134-3.10.7
16,510	Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Key, 134-3.5.16.D and E (Repealed), 134-3.9.2, 134-3.9.2.A, 134-3.9.2.B, 134-3.9.2.C, 134-3.9.2.D, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.C.2, 134-3.9.9.C.3, 134-3.9.9.C.5 (Repealed), 134-3.9.9.D.1, 134-3.9.9.D.2, 134-3.9.9.D.3, 134-3.9.9.F (Repealed), 134-3.9.9.F.1, 134-3.9.9.F.2, 134-3.9.9.F.3, Table 134-3.9-1 Alcoholic Liquor, Wine and Beer Sales - Tobacco Store (Repealed), Table 134-3.9-1 Table Notes

Text Reference
Amended paragraphs within the text are identified with a diamond symbol ^♦
Ordinance Number	Amended Paragraphs
15,844	134-3.5.13.C, 134-3.5.17.A, 134-3.8.3 (Repealed), Table 134-3.1-1 Lodging, Table 134-3.9-1
15,865	Table 134-3.9-1
16,025	134-3.1.2.B, Table 134-3.1-1 Bail Bonds, Table 134-3.1-1 Delayed Deposit Services, Table 134-3.1-1 Pawnbroker, Table 134-3.1-1 Indoor, Table 134-3.1-1 Outdoor, Table 134-3.1-1 Key, Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households, Table 134-3.1-1 Consumer Maintenance and Repair, Table 134-3.1-1 Restaurant, Table 134-3.1-1 Bar, Table 134-3.1-1 Limited, Table 134-3.1-1 General, Table 134-3.1-1 Large-Format, Table 134-3.1-1 Liquor Store, Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Lodging, 134-3.1.2.G, 134-3.3.2.F, 134-3.5.2, 134-3.5.3.A, 134-3.5.10.A, 134-3.5.10.B, 134-3.5.11.D, 134-3.5.13.C (Repealed), 134-3.5.15, 134-3.5.16.D, 134-3.5.16.E, 134-3.6.1.A, 134-3.6.3.E, 134-3.6.4.A, 134-3.6.4.B.4, 134-3.6.4.B.7, 134-3.8, 134-3.8.1, 134-3.9.1.B.4, 134-3.9.1.B.5, 134-3.9.3.C, 134-3.9.4.B.1, 134-3.9.4.E.1, 134-3.9.4.F.1, 134-3.9.4.F.1.d, 134-3.9.4.G.1, 134-3.9.5.B.2, 134-3.9.8, 134-3.9.9.A, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.D, 134-3.9.9.D.3, 134-3.9.10, Table 134-3.9-1, 134-3.10, 134-3.10.5, 134-3.10.5.C
16,044	134-3.5.17, 134-3.9.6, 134-3.9.6.A
16,125	134-3.9.2
16,227	134-3.6.3.A, 134-3.6.3.E.5 (Repealed), 134-3.9.6.A, 134-3.9.6.B, 134-3.9.6.C (Repealed), 134-3.9.6.D (Repealed)
16,273	Table 134-3.1-1 Consumer Fireworks Sales, Table 134-3.1-1 Key, 134-3.8.1.B, Table 134-3.9-1 Limited, Table 134-3.9-1 Fuel Station
16,345	Table 134-3.1-1 5 to 8 households, Table 134-3.1-1 9 or more households
16,398	Table 134-3.1.1 Data Center, Table 134-3.1.1 Day Care, Table 134-3.1.1 Day Services, Adult, Table 134-3.1.1 Medical, Table 134-3.1.1 Parking Structure, Table 134-3.1.1 Agricultural, Table 134-3.1-1 Key, 134-3.5.7, 134-3.7.1, 134-3.7.2, 134-3.7.3, 134-3.7.4, 134-3.7.5, 134-3.9.4.B.3 (Repealed), 134-3.9.4.B.7 (Repealed), 134-3.9.4.D, 134-3.9.4.D.1, 134-3.9.4.D.2, 134-3.9.4.E.2.d, 134-3.9.4.F.2.d, 134-3.9.4.G.7, 134-3.9.9.C.3.c (Repealed)
16,461	Table 134-3.1-1 Other group living uses, Table 134-3.1-1 Storage, Distribution and Wholesaling (Wholesale sales and distribution repealed), Table 134-3.1-1 Trucking & Transportation Terminal, Minor, Table 134-3.1-1 Trucking & Transportation Terminal, Major, 134-3.3.2.F, 134-3.6.2, 134-3.6.2.A, 134-3.6.2.B, 134-3.6.3.B, 134-3.6.3.C, 134-3.6.3.D, 134-3.9.6
16,469	134-3.10.6, 134-3.10.7
16,510	Table 134-3.1-1 Tobacco Store, Table 134-3.1-1 Key, 134-3.5.16.D and E (Repealed), 134-3.9.2, 134-3.9.2.A, 134-3.9.2.B, 134-3.9.2.C, 134-3.9.2.D, 134-3.9.9.B, 134-3.9.9.C, 134-3.9.9.C.2, 134-3.9.9.C.3, 134-3.9.9.C.5 (Repealed), 134-3.9.9.D.1, 134-3.9.9.D.2, 134-3.9.9.D.3, 134-3.9.9.F (Repealed), 134-3.9.9.F.1, 134-3.9.9.F.2, 134-3.9.9.F.3, Table 134-3.9-1 Alcoholic Liquor, Wine and Beer Sales - Tobacco Store (Repealed), Table 134-3.9-1 Table Notes

Des Moines City Zoning Code

ARTICLE 3

Contents:

Contents:

Contents:

Contents:

Contents (continued):

Contents (continued):

Contents (continued):

Contents (continued):

134-3. USES

134-3.1 Principal Uses

3.1.1 TABLE OF ALLOWED USES

3.1.2 INTERPRETING THE USE TABLE

134-3.1 Principal Uses

3.1.1 TABLE OF ALLOWED USES

3.1.2 INTERPRETING THE USE TABLE

134-3.1 Principal Uses

3.1.1 TABLE OF ALLOWED USES

3.1.2 INTERPRETING THE USE TABLE

134-3.1 Principal Uses

3.1.1 TABLE OF ALLOWED USES

3.1.2 INTERPRETING THE USE TABLE

134-3. USES

134-3. USES

134-3.2 Use Classifications

3.2.1 GENERAL

3.2.2 USE CATEGORIES

3.2.3 USE SUBCATEGORIES

3.2.4 SPECIFIC USE TYPES

3.2.5 DETERMINATION OF USE CATEGORIES AND SUBCATEGORIES

134-3.3 Residential Use Category

3.3.1 HOUSEHOLD LIVING

134-3.2 Use Classifications

3.2.1 GENERAL

3.2.2 USE CATEGORIES

3.2.3 USE SUBCATEGORIES

3.2.4 SPECIFIC USE TYPES

3.2.5 DETERMINATION OF USE CATEGORIES AND SUBCATEGORIES

134-3.3 Residential Use Category

3.3.1 HOUSEHOLD LIVING

134-3.2 Use Classifications

3.2.1 GENERAL

3.2.2 USE CATEGORIES

3.2.3 USE SUBCATEGORIES

3.2.4 SPECIFIC USE TYPES

3.2.5 DETERMINATION OF USE CATEGORIES AND SUBCATEGORIES

134-3.3 Residential Use Category

3.3.1 HOUSEHOLD LIVING

134-3.2 Use Classifications

3.2.1 GENERAL

3.2.2 USE CATEGORIES

3.2.3 USE SUBCATEGORIES

3.2.4 SPECIFIC USE TYPES

3.2.5 DETERMINATION OF USE CATEGORIES AND SUBCATEGORIES

134-3.3 Residential Use Category

3.3.1 HOUSEHOLD LIVING

134-3. USES

3.3.2 GROUP LIVING

3.3.2 GROUP LIVING

3.3.2 GROUP LIVING

3.3.2 GROUP LIVING

134-3. USES

134-3. USES

134-3. USES

134-3.4 Public, Civic and Institutional Use Category

3.4.1 AIRPORT

3.4.2 ASSEMBLY

134-3.4 Public, Civic and Institutional Use Category

3.4.1 AIRPORT

3.4.2 ASSEMBLY

134-3.4 Public, Civic and Institutional Use Category

3.4.1 AIRPORT

3.4.2 ASSEMBLY

134-3.4 Public, Civic and Institutional Use Category

3.4.1 AIRPORT

3.4.2 ASSEMBLY

134-3. USES

3.4.4 COLLEGE OR UNIVERSITY

3.4.5 FRATERNAL ORGANIZATION

3.5.7 DATA CENTER^♦

3.5.7 DATA CENTER^♦