The purpose and intent of the provisions for land use is to establish general regulations concerning which land uses may locate in each zoning district established by this title.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.10.100)

Any word or phrase contained within this chapter followed by the symbol [SR] shall be subject to the definitions and the additional interpretive requirements provided in chapter 19.90. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.10.200)

The use of land, structures and buildings shall be regulated as follows:

A.

Allowable uses. Nonconforming uses [SR]; and the permitted uses [SR]; the conditional uses [SR]; and the similar uses [SR] listed and designated for each zoning district in this title shall be the only allowable uses of land, structures [SR], and buildings [SR].

B.

Prerequisites of use.

1.

All land uses [SR] shall be conducted wholly within an enclosed building [SR], except where specifically provided otherwise.

2.

In all business districts, there shall be no manufacturing, processing, or treatment of products unless such activities are an accessory use [SR] or unless such activities are components of an artisan industry [SR] that may be a permitted or conditional use in the CC1 or CC2 zoning districts.

3.

All land uses shall be subject to the provisions of title 9, as well as all other applicable codes and ordinances.

(Ord. No. G54-24, § 1, 10-23-2024; Ord. No. G66-94, § 1, 1994; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.10.300)

The provisions for the interpretation and utilization of the land use lists, encompassing permitted uses, conditional uses, and similar uses for each zoning district shall be as follows:

A.

Organization. The lists of permitted, conditional, and similar uses for each zoning district represent an all-inclusive list of land uses, structures, and buildings arranged by land use divisions according to the type of activity in which a use, structure, or building is engaged. The land use divisions are based on the economic divisions, major economic groups, industry groups, and industries listed in the Standard Industrial Classification Manual (SIC Manual), 1987 edition, prepared by the Executive Office of the President, Office of Management and Budget. Each land use, structure, or building enumerated in the lists of permitted uses, conditional uses, and similar uses is denoted with its standard industrial classification code in parentheses. A land use, structure, or building, which is unclassified with respect to the SIC Manual is denoted with the symbol (UNCL).

B.

Land use divisions. The land uses, structures, and buildings enumerated in the lists of permitted uses, conditional uses, and similar uses for each zoning district are organized according to the following land use divisions:

Residences division.

Municipal services division.

Offices division.

Public administration division.

Finance, insurance and real estate division.

Services division.

Retail trade division.

Agriculture division.

Mining division.

Construction division.

Manufacturing division.

Wholesale trade division.

Transportation, communications, and utilities division.

Miscellaneous uses division.

C.

Permitted uses. A land use, structure, or building, specifically enumerated in the list of permitted uses for the zoning district in which it is to be located shall be a use allowed by right, subject to the applicable provisions of this title and Code.

D.

Conditional uses. A land use, structure, or building specifically enumerated in the list of conditional uses for the zoning district in which it is to be located shall be subject to the provisions chapter 19.65 and to the other applicable provisions of this title and Code.

E.

Similar uses. A land use, specifically enumerated in the list of similar uses for the zoning district in which it is to be located shall be subject to the provisions of subsection H of this section. Similar uses are categories of uses, listed by industry in the SIC Manual. Because of the potential for differences among the customary and traditional characteristics of these land uses versus an intended similar land use, the development administrator shall render a determination for each intended similar use. The development administrator shall determine whether such intended similar use is a permitted use or a conditional use in the district in which it is listed or in a less restrictive zoning district, subject to the provisions of section 19.07.400.

F.

Component land uses. If the intended use of a zoning lot [SR] is comprised of two (2) or more component land uses, structures, or buildings, as specifically enumerated in the lists of permitted uses and conditional uses or as determined by the development administrator, subject to the provisions of subsection H of this section, the locational requirements for each component land use, structure, and building shall be met according to whether or not it is designated as a permitted use or conditional use in the zoning district in which it is to be located. All conditional uses shall be subject to the provisions of chapter 19.65.

Accessory uses [SR] shall be subject to the provisions of the term "use, accessory" as provided in section 19.90.015.

Land uses, structures, and buildings modified with the term "accessory" [SR] in the lists of permitted uses or conditional uses, or in an applicable supplementary regulation shall be subject to the provisions of accessory in section 19.90.015.

G.

Planned developments. The land uses permitted within a planned development district or as a conditional use for a planned development shall be as approved by the city council, subject to the provisions of chapter 19.60.

H.

Classification of land uses. The development administrator [SR] shall utilize the following criteria in classifying an intended land use, whether existing or proposed, as a land use, which is specifically enumerated in the lists of permitted uses or conditional uses:

1.

Most restrictive and similar use. The intended land use shall be classified as that most restrictive land use and as that most similar land use, which is specifically enumerated in the lists of permitted uses and conditional uses, while allowing the reasonable use of the land.

2.

Land use characteristics. The characteristics of a land use shall be utilized in classifying the intended land use as a land use, which is specifically enumerated in the lists of permitted uses and conditional uses. For the purposes of this section, the characteristics of a land use shall include, but shall not be limited to, function, operation, and traffic.

3.

Customary and traditional. The characteristics of the intended land use shall be consistent with the customary and traditional characteristics of the land use, which is specifically enumerated in the lists of permitted uses and conditional uses.

4.

Sic Manual description. The characteristics of the intended land use shall be consistent with the descriptive narrative provided in the SIC Manual for the economic division, major group, industry group, and industry for the land use, which is enumerated in the lists of permitted uses and conditional uses.

5.

Purpose of the zoning districts. The characteristics of the intended land use shall be consistent with the purpose and intent of the zoning district in which it is located or in which it is to be located as a permitted use or as a conditional use.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.10.400)

Variations from the land use regulations of this title may be granted by the city council only in the following instance and no others:

To allow the nonconforming use of a structure, which has not been abandoned to be changed to another nonconforming use permitted in the same zoning district in which the original use is listed as a permitted use, or it may be changed to a nonconforming use permitted in a more restrictive zoning district, provided that the associated structure is designed and intended for a use not permitted in the district in which it is located.

Such land use variations shall be subject to the provisions of section 19.07.400 and may be granted only in conformance with the standards in chapter 19.70. An application seeking a land use variation authorized in this section shall be filed with the city, a public hearing thereon shall be conducted by the planning and zoning commission, the planning and zoning commission shall make findings with respect thereto applying the standards in chapter 19.70 and the application shall be forwarded to the city council for a decision applying the standards of chapter 19.70.

(Ord. No. G4-12, 2012; Code 1976, § 19.10.500)

Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this chapter may be appealed subject to the provisions of chapter 19.75.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.10.600)