No land shall hereafter be used, and no building or structure shall hereafter be erected, altered, or converted, which is arranged or designed or used for other than those uses specified as permitted uses in the zoning district in which it is located, according to the Table of Permissible Uses found in Appendix A, as adopted in its entirety, incorporated herein by reference, and in accordance with the provisions of this title.

(Ord. 16653 § 2 (part), 2007; Ord. No. 19244, § 10, 10-12-2021)

A.

When used in connection with a particular use in the Table of Permissible Uses, the designations shall have the following connotations.

1.

Permitted Use. A "P" in a cell shall indicate that a use is allowed by right in the respective zoning district, and shall be subject to the general restrictions and performance standards found in Chapter 20.10 (Supplemental Use Regulations) and other applicable regulations of this title.

2.

Accessory Use. An "A" in a cell shall indicate that a use is allowed by right when it is incidental to a permitted use in the respective zoning district, and shall be subject to the general restrictions and performance standards found in Chapter 20.10 (Supplemental Use Regulations) and other applicable regulations of this title.

3.

Special Permit Use. An "S" in a cell shall indicate that a use is only allowed by special permit with a detailed site development plan approval in the respective zoning district obtained from the city council in accordance with Chapter 20.04 (Administrative Provisions), and shall be subject to the general restrictions and performance standards found in Chapter 20.10 (Supplemental Use Regulations) and other applicable regulations of this title.

4.

Restricted Use. A "D" in a cell shall indicate that a use is allowed in a special purpose district, excluding the R-F Ranch and Farm District, following detailed site development plan approval in accordance with Chapter 20.04 (Administrative Provisions), and shall be subject to the general restrictions and performance standards found in Chapter 20.10 (Supplemental Use Regulations) and other applicable regulations in this title.

5.

Mixed Use. A "Z" in a cell shall indicate that a use is allowed in a mixed use district (RMU, GMU, or IMU) as authorized by the City Council with specific use limitations and development standards, following approval of a master zoning plan in accordance with Chapter 20.04 (Administrative Provisions), and shall be subject to the general restrictions and performance standards found in Chapter 20.10 (Supplemental Use Regulations) and other applicable regulations of this title.

6.

Special Exception Use. An "E" in a cell shall indicate that a use is only allowed by special exception in the respective zoning district obtained from the Zoning Board of Adjustment in accordance with Chapter 20.04 (Administrative Provisions), and shall be subject to the general restrictions and performance standards found in Chapter 20.10 (Supplemental Use Regulations) and other applicable regulations of this title.

7.

Uses Not Allowed. An "X" in a cell shall indicate that a use is not allowed in the respective zoning district.

8.

Supplemental Use Regulations. The reference to a supplemental standard in any cell shall mean that the use in a respective zoning district is subject to additional standards and requirements found in Chapter 20.10 (Supplemental Use Regulations) of this title. The specific section number of the standard shall be noted in the column titled "Supplemental Standards." Provided, however, that any applicable performance or supplemental standard within Chapter 20.10 (Supplemental Use Regulations) of this title applying to a use shall be required whether or not references incorrectly or omitted from the Table of Permissible Uses.

B.

A use that may be interpreted to be permitted under more than one categorical or use description in the Table of Permissible Uses shall be required to satisfy the requirements of the most restrictive zoning district in which the use is allowed.

C.

A use particularly identified, whether or not the use may be interpreted to be permitted under more than one categorical or use description in the Table of Permissible Uses due to function or type, shall satisfy the requirements of the zoning district in which the use is particularly identified.

(Ord. 16653 § 2 (part), 2007; Ord. No. 19244, § 11, 10-12-2021)

A.

The zoning districts described in this chapter group together those uses that are reasonably compatible with one another according to their normal characteristics of operation in order to achieve the following:

1.

To permit, in connection with these uses, those customary and necessary accessory activities that are incidental to the principal use;

2.

To permit certain other uses that may be established in some situations and subject to specific conditions so that such special uses will also be compatible with the uses allowed;

3.

To promote orderly, timely, economical growth and to recognize current land use conditions;

4.

To provide sufficient space in appropriate locations for development to meet the present and future growth needs of the city, with allowance for diversity of sites;

5.

To protect use areas, as far as possible, against heavy and unnecessary through traffic;

6.

To protect use areas against pollution, environmental hazards and other objectionable influences;

7.

To protect use areas against congestion, as far as possible, by managing the density of population in and around them;

8.

To provide for privacy and access of light and air, as far as possible, through controls over the spacing and height of buildings and other structures;

9.

To promote the most appropriate use of land to achieve stability of development, to protect the character of the districts, to conserve the value of land and buildings, and to protect the tax base;

10.

To promote the most efficient use of public facilities and services;

11.

To protect against fire and explosions and other safety hazards;

12.

To provide for fire and other emergency access;

13.

To accommodate use activities and operations whose external physical effects are restricted to the area of the zoning district, and in no manner affect in a detrimental way any of the surrounding zoning districts.

B.

The Table of Permissible Uses shall be used in conjunction with the terms and definitions as set forth in Chapter 20.02 (General Provisions and Definitions) of this title. The uses are assigned different categorical descriptions in the table for illustrative purposes only, as shown below.

C.

Table of Permissible Uses. Appendix A.

(Ord. 16761 § 1 (part), 2007; Ord. 16653 § 2 (part), 2007)

(Ord. No. 18134, § 2, 3-4-2014; Ord. No. 18218, § 2, 7-29-2014; Ord. No. 18241, § 2, 9-9-2014)

It is recognized that new types of land use will develop and forms of land use not listed in any respective zoning district within the Table of Permissible Uses (Appendix A) may seek to locate and operate in the city. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

A.

The zoning administrator shall upon a written request for interpretation of any interested party and pursuant to the procedures set forth in Chapter 20.04 (Administrative Review Procedures), make a determination within which zoning district the new or unlisted use should be allowed. Any request for an interpretation shall be accompanied by a fee in the amount paid for a zoning determination, and shall include a written statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.

B.

The zoning administrator shall review the request determine if the new or unlisted use is sufficiently similar to a use already allowed within the Table of Permissible Uses and shall determine within which zoning district the new or unlisted use should be allowed. A new or unlisted use shall be classified with other similar listed uses and shall be permitted in the same zoning district(s). The nature of the new or unlisted use and its compatibility with the uses permitted in the various zoning districts shall be considered with many factors in determining the zoning district or districts within which such new or unlisted use shall be permitted.

C.

If the zoning administrator determines that the new or unlisted use is not similar to any use allowed within the Table of Permissible Uses, or the requestor does not agree with the determination of the zoning administrator, then the initial request and the zoning administrator's determination shall be forwarded to the city plan commission requesting an interpretation as to the zoning classification into which such use should be placed.

D.

The city plan commission shall consider the nature and described performance of the proposed use and compatibility with the uses permitted in the various districts and after public hearing determine the zoning district or districts within which such use should be permitted.

E.

The city plan commission shall transmit its findings and recommendations to the city council as to the classification proposed for any new or unlisted use. The city council may approve the recommendation of the city plan commission or make such determination concerning the classification of such use as is determined appropriate after giving consideration to the facts and recommendations; and shall direct that an ordinance be drafted to amend the zoning code in order to allow such use.

(Ord. 16653 § 2 (part), 2007)

A change in use occurs whenever the essential character or nature of the activity conducted on a property, or portion thereof, substantially changes from one principal use category to another, requiring that new permits be obtained pursuant to Chapter 20.04 (Administrative Provision) of this title. For purposes of this section, substantial change occurs when the relative proportion of space devoted to the principal use changes to such an extent that the parking requirement for the use is altered or when the type of individual principal use or combination of uses changes. A change in the status of the property from unoccupied to occupied or vice versa, or a change in ownership or business name, shall not be regarded as a change in use.

(Ord. 16653 § 2 (part), 2007)

When a property comprises two or more principal uses that require different types of permits, then the permit authorizing the combination use shall be:

A.

A special permit if any of the principal uses combined is permitted only as a special permit use;

B.

A detailed site development plan approval if any of the principal uses combined is permitted only following a detailed site development plan approval; or

C.

A building permit in all other cases.

(Ord. 16653 § 2 (part), 2007; Ord. No. 19244, § 12, 10-12-2021)