In order to carry out the provisions of this chapter, the city is hereby divided into distinct zoning districts upon which may be applied certain overlay zones.

Base Zoning Districts

(Ord. No. 12-12-2013-1, § 301, 12-12-2013)

All territory annexed to the city after the effective date of the ordinance from which this chapter is derived shall be classified as the R1 Single-Family Residential District. The planning and zoning commission shall, as soon as practicable after the annexation of any territory, recommend to the city council a zoning plan of all the land within each newly annexed area. The zoning plan may or may not describe districts other than the R1 Single-Family Residential District, as appropriate. The procedure used by the city council to adopt such a zoning plan shall be the same as is provided by state law for the adoption of an original zoning map and regulations. In so doing, the planning commission may hold a public hearing on rezoning concurrent with proceedings to undertake a proposed annexation, so that the city council may take final action to approve rezoning and annexation of the same territory on the same meeting agenda.

(Ord. No. 12-12-2013-1, § 302, 12-12-2013)

(a)

AO, Agricultural Open Space District. The AO, Agricultural Open Space District is intended to provide opportunities for development of low density, detached single-family residences on lots of at least one acre in a suburban or rural setting.

(b)

R1 (Single-Family Residential) District.

(1)

The R1, Single-Family Residential District is intended to provide opportunities for development of detached single-family residences, other than manufactured homes, at medium densities. This district is also intended to serve as a holding zone for vacant land areas annexed to the city.

(2)

As set forth in this section, a manufactured home that meets the standards for manufactured homes in the City Code may be approved as a conditional use in accordance with section 38-47.

a.

If a conditional use is granted for a manufactured home to be placed on a lot in a R1 district, the manufactured home will be treated as an existing use under subsection 38-9(e) after a properly permitted manufactured home is placed on the lot.

b.

A manufactured home will not be allowed as a conditional use in a R1 district in the following subdivisions and areas:

- Elmendorf Estates

- Homewood Place

- Hickory Ridge

- Any subdivision platted in accordance with the City of Elmendorf subdivision regulations after January 1, 2018.

c.

The applicant for the conditional use must be the owner of the property on the date of the conditional use is requested and through the conditional use process.

(c)

MF (Multifamily Residential) District. The MF, Multifamily Residential District is intended to provide opportunities for development of duplexes and apartments.

(d)

MHP (Manufactured Housing Park) District. The MHP, Manufactured Housing Park District is intended to provide opportunities for development of land with improvements and utilities specifically for the accommodation of manufactured housing in projects under unified management and control. These parks may include other services and common facilities for use by the residents. Any MHP district may include more than one manufactured housing park as long as each park within the district is under unified management and control. A manufactured housing park district may be imposed as an additional use in the zone where it is designated without changing the original zoning designation. The combination of a manufactured housing district with another use or district shall be as designated on the official zoning map.

(e)

MHS (Manufactured Housing Subdivision) District.

(1)

The MHS, Manufactured Housing Subdivision District is intended to provide opportunities for development of land with manufactured housing units. A manufactured housing subdivision district may be imposed as an additional use in the zone where it is designated without changing the original zoning designation. The combination of a manufactured subdivision district with another use or district shall be as designated on the official zoning map.

(2)

All persons desiring to transport an HUD-Code manufactured home with the intent of setting it and/or installing it on real property within the city must first file an application with the city secretary for a manufactured home transport permit and pay the fee as set by resolution of the city council.

a.

No HUD-Code manufactured home older than five years shall be installed as a dwelling.

b.

No HUD-Code manufactured home of less than 1,200 square feet or less than 24 feet in width shall be allowed in the real property lying and being situated in the city referenced in any document on file with the plat records of the county as being part of the Ranchview Estates subdivision.

(Ord. No. 12-12-2013-1, § 303, 12-12-2013; Ord. No. 5-10-2018-1, pt. 1(B), 4-10-2018; Ord. No. 09-19-2024-3, pt. 1, 9-19-2024)

(a)

C-1 (Local Commercial) District. The C-1, Local Commercial District is intended to provide opportunities for development of commercial development that serves and is supported by a relatively small surrounding neighborhood. Allowable commercial uses include a wide variety of office activities, as well as a more limited range of retail trade and services aimed toward meeting the routine needs of residents in that neighborhood. Commercial development should be low intensity with small floor areas and limited traffic generation and trade area. The character of commercial development is compatible with the surrounding residential neighborhood. This district is also intended for commercial establishments whose activity, materials and merchandise are housed entirely inside the building, except as may be allowed by the general development standards of this chapter.

(b)

C-2 (General Commercial) District. The C-2, General Commercial District is intended to provide opportunities for development of commercial establishments of higher intensity with larger trade area, floor area and traffic generation than neighborhood commercial uses. Limited outdoor storage, screened from adjacent residential uses, may be appropriate.

(c)

C-3 (Heavy Commercial) District. The C-3, Heavy Commercial District is intended to provide opportunities for development of wholesale trade, retail sales, warehousing development, repair and service establishments, heavy and bulk equipment supply dealers or other such establishments that typically are characterized by outside storage of materials or merchandise.

(Ord. No. 12-12-2013-1, § 304, 12-12-2013)

(a)

M-1 (Light Manufacturing) District. The M-1, Light Manufacturing District is intended to provide opportunities for businesses in the processing, manufacturing, storage and service industries, each of which are characterized by a relatively low degree of nuisance and adverse impact on neighboring property.

(b)

M-2 (Heavy Manufacturing) District. The M-2, Heavy Manufacturing District is intended to provide opportunities for processing and manufacturing that is inherently noxious or dangerous due to the chemicals or processes involved. Outdoor storage is allowed.

(Ord. No. 12-12-2013-1, § 305, 12-12-2013)

(a)

Purpose. The purposes of the PD, Planned Development District include, but are not limited to, the following:

(1)

To allow diversification of uses, structures, and open spaces and to promote flexibility of design in a manner compatible with existing and allowed uses of land on adjacent properties.

(2)

To preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of open space.

(3)

To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services.

(4)

To promote the efficient use of land to facilitate a more economic arrangement of buildings, uses of land and utilities.

(5)

To promote the development of vacant property within the presently developed urban area.

(b)

Allowed uses.

(1)

Any use or combination of uses otherwise authorized by these zoning regulations is allowed in a planned development (PD) district, if such use or uses is consistent with, and meets the standards for, the concept plan and PD district approved by the city council. Allowable uses shall be listed in a use schedule in the specific ordinance establishing each PD district.

(2)

It is intended that PD districts conform as closely as possible to established zoning and subdivision regulations while still allowing maximum flexibility of design to make planned developments as desirable as possible.

(3)

Each PD district ordinance is incorporated by reference into this chapter. Every individual PD district approved under the provisions of this chapter shall be considered as a zoning amendment applicable to the property involved. Conditions specified for the development of a PD district shall be construed as conditions precedent to the granting of a certificate of occupancy by the building official and compliance as required by the city.

(c)

Review of planned development. A PD district shall be reviewed in accordance with the procedures in section 38-49 and shall comply with the development standards in section 38-227.

(Ord. No. 12-12-2013-1, § 306, 12-12-2013)

All of the use categories listed in the table below are explained in sections 38-88 through 38-93. The second column of the use table contains an abbreviated explanation of the respective use category. If there is a conflict between the abbreviated definition and the full explanation in sections 38-88 through 38-93, the provisions of sections 38-88 through 38-93 shall control.

(1)

Allowed uses. Uses identified with an "A" are allowed by right as set forth in section 38-51. A "*" identifies uses that may be subject to additional specific use regulations set forth later in article IV of this chapter.

(2)

Conditional uses. Uses identified with a "C" are allowed subject to approval by the planning commission as set forth in section 38-47. A "*" identifies uses that may be subject to additional specific use regulations set forth later in article IV of this chapter.

(3)

Special uses. Uses identified with an "S" are allowed subject to approval by the city council as set forth in section 38-48. A "*" identifies uses that may be subject to additional specific use regulations set forth later in article IV of this chapter.

(4)

Excluded uses. The following uses shall be excluded from any and all zoning districts within the city limits:

a.

Meat and poultry rendering of byproducts;

b.

Chemical and nuclear waste storage dumps; and

c.

Mobile homes.

(5)

Use table. Allowed, conditional and mandatory planned development uses are set forth in the following table. Uses that may be subject to additional specific use standards set forth in article IV of this chapter are designated with a "*".

(Ord. No. 12-12-2013-1, § 307, 12-12-2013)

Household and group living uses must comply with the following table in regard to location of individual structure types. Residential uses allowed in nonresidential districts may be housed in any type of residential structure, except single-family detached and mobile and manufactured homes.

*Refer to section 38-183 for additional standards.

**Structure type allowed only with approved group living use.

(Ord. No. 12-12-2013-1, § 308, 12-12-2013; Ord. No. 5-10-2018-1, pt. 1(B), 4-10-2018)

(a)

Basis for classifications. Use categories classify land uses and activities into use categories based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. The use categories provide a systematic basis for assigning present and future land uses into appropriate zoning districts.

(b)

Principal use characteristics. Principal uses are assigned to the category that most closely describes the nature of the principal use. The "characteristics" subsection of each use category describes the common characteristics of each principal use.

(1)

Considerations used in categorizing principal uses. The following considerations shall be used to determine what category a use is in and whether the activities are to be considered principal or accessory uses:

a.

The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category.

b.

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

c.

Relative amounts of sales from each activity.

d.

The customer type for each activity.

e.

The relative number of employees in each activity.

f.

Hours of operation.

g.

Building and site arrangement.

h.

Vehicles used with the activity.

i.

The relative number of vehicle trips generated by the use.

j.

Signs.

k.

How the use advertises itself.

l.

Whether the activity is likely to be found independent of the other activities on the site.

(2)

Developments with multiple principal uses. When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore and bakery, for example, would be classified in the retail sales and service category, because all of the development's principal uses are in that category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to all applicable regulations for that category.

(c)

Accessory uses. Accessory uses are allowed by right only in conjunction with a principal use. Unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the use category descriptions.

(d)

Use of examples. The "examples" subsection of each use category lists common examples of uses included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself "wholesale warehouse" but that sells mostly to consumers is included in the retail sales and service category rather than the wholesale trade category. This is because the actual activity on the site matches the description of the retail sales and service category.

(Ord. No. 12-12-2013-1, § 309, 12-12-2013)

(a)

Group living.

(1)

Characteristics. Group living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of household living. The size of the group may be larger than the average size of a household. Tenancy is arranged on a monthly or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the retail sales and service and community service categories). Generally, group living structures may often, but are not required to, have a common eating area for residents. The residents may receive care, training, or treatment.

(2)

Accessory uses. Accessory uses commonly associated with group living are recreational facilities and parking of vehicles for occupants and staff.

(3)

Examples. Examples of group living include dormitories; fraternities and sororities; monasteries and convents; roominghouses and boardinghouses; assisted living facilities for elderly residents; nursing and convalescent homes; and some group homes for the physically or developmentally disabled, mentally or emotionally disturbed.

(4)

Exceptions.

a.

Lodging where tenancy may be arranged for periods of less than 30 days is considered a hotel or motel use and classified in the retail sales and service category.

b.

Lodging where the residents meet the definition of household and where tenancy is arranged on a month-to-month basis, or for a longer period, is classified as household living.

c.

Facilities for rehabilitation of residents with alcohol or drug-related dependencies are considered recovery facilities.

d.

Facilities for people who are under judicial detainment and under the supervision of sworn officers are included in the detention facilities category.

e.

A community home for occupancy by as many as six disabled persons and two supervisors is classified as household living so long as such facility conforms to all applicable standards of article IV of this chapter.

(b)

Household living.

(1)

Characteristics. Household living is characterized by the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered to be a form of transient lodging (see the retail sales and service and community service categories).

(2)

Accessory uses. Accessory uses commonly associated with household living are recreational activities, raising of pets, hobbies, home occupations, storage of household goods, storage of supplies and equipment for maintaining the dwelling and associated yard, and parking and occasional maintenance of the occupants' vehicles.

(3)

Examples. Uses include living in dwelling units found in single-family houses, duplexes, triplexes, fourplexes and other multi-dwelling structures, retirement center apartments, manufactured housing and other structures with self-contained dwelling units. A community home for occupancy by as many as six disabled persons and two supervisors shall be classified as household living, so long as such facility conforms to all applicable standards of article IV of this chapter.

(4)

Exceptions. Lodging in a dwelling unit rented on less than a monthly basis, or where less than two-thirds of the units are rented on a monthly or longer basis is considered a hotel or motel use and is classified in the retail sales and service category.

(c)

Recovery facilities.

(1)

Characteristics. Recovery facilities are characterized by programs that provide care and training or treatment for psychiatric, alcohol or drug problems, where patients are residents of the program, but where patients are not supervised by sworn officers. The size of the group may be larger than the average size of a household. Generally, recovery facilities may often, but are not required to, have a common eating area for residents. The residents may also receive care, training, or treatment.

(2)

Accessory uses. Accessory uses commonly associated with recovery facilities are recreational facilities and parking of vehicles for occupants and staff.

(3)

Examples. Examples of recovery facilities include psychiatric, alcohol or drug-dependency or rehabilitation centers.

(4)

Exceptions. Facilities for people who are under judicial detainment and under the supervision of sworn officers are included in the detention facilities category.

(Ord. No. 12-12-2013-1, § 310, 12-12-2013)

(a)

Colleges.

(1)

Characteristics. This category includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. Colleges tend to be in campus-like settings or on multiple blocks.

(2)

Accessory uses. Accessory uses include offices, housing for students, food service, laboratories, health and sports facilities, theatres, meeting areas, parking, maintenance facilities and support commercial.

(3)

Examples. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital and seminaries.

(4)

Exceptions. Business and trade schools are classified as retail sales and service.

(b)

Community services.

(1)

Characteristics. Community services are uses of a public, non-governmental but not-for-profit, social service, or charitable nature generally providing a local service to people of the community. Generally, they provide the service on site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions should be open to the general public to join at any time (for instance, any senior citizen could join a senior center). The use may provide special counselling, education, or training of a public, nonprofit or charitable nature.

(2)

Accessory uses. Accessory uses may include offices, meeting areas, food preparation areas, parking, health and therapy areas, and athletic facilities.

(3)

Examples. Examples include libraries, museums, senior centers, community centers, publicly owned swimming pools, youth club facilities, hospices, social service facilities, temporary shelters, vocational training for persons with physical or mental disabilities, crematoriums, columbariums and mausoleums.

(4)

Exceptions.

a.

Private lodges, clubs and private or commercial athletic or health clubs are classified as retail sales and service.

b.

Commercial museums are classified as retail sales and service.

c.

Parks are classified as parks and open areas.

d.

Uses where tenancy is arranged on a month-to-month basis, or for a longer period, are residential and are classified as household or group living.

(c)

Day care.

(1)

Characteristics. Day care uses provide care, protection and supervision for children or adults on a regular basis, away from their primary residence, for less than 24 hours per day.

(2)

Accessory uses. Accessory uses include offices, outdoor recreation areas and parking.

(3)

Examples. Examples include preschools, child care centers, nursery schools, latch key (after school) programs and adult day care programs.

(4)

Exceptions. Day care does not include public or private schools or facilities operated in connection with an employment use, shopping center or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity. Certain limited day care operations are allowed in all residential districts, as customary home occupations, subject to the specific standards of section 38-125.

(d)

Detention facilities.

(1)

Characteristics. Detention facilities include facilities for the judicially-required detention or incarceration of people. Inmates and detainees are under 24-hour supervision by sworn officers, except when on an approved leave.

(2)

Accessory uses. Accessory uses include offices, recreational and health facilities, therapy facilities, maintenance facilities, hobby and manufacturing activities.

(3)

Examples. Examples include prisons, jails, probation centers and juvenile detention homes.

(4)

Exceptions.

a.

Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not supervised by sworn officers, are classified as group living.

b.

Programs that provide a transitional living experience for criminal offenders such as halfway houses or restitution centers where residents are not under 24-hour supervision are classified as group living.

(e)

Hospitals.

(1)

Characteristics. Hospitals include uses providing medical or surgical care to patients and offering overnight care.

(2)

Accessory uses. Accessory uses include out-patient clinics, offices, laboratories, teaching facilities, meeting areas, cafeterias and other support commercial activity, parking, maintenance facilities and housing facilities for staff or trainees.

(3)

Examples. Examples include medical centers and hospitals.

(4)

Exceptions.

a.

Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified in the recovery facility category.

b.

Medical clinics that provide outpatient medical or surgical care exclusively, where patients are not kept overnight, are classified as offices.

c.

Emergency medical clinics are classified as retail sales and service.

d.

Nursing and convalescent homes are classified as group living.

(f)

Parks and open areas.

(1)

Characteristics. Parks and open areas are uses of land focusing on natural areas, large areas consisting mostly of vegetative landscaping or outdoor recreation, community gardens, or public squares. Land characterized as parks and open areas tends to have few structures.

(2)

Accessory uses. Accessory uses may include clubhouses, maintenance facilities, concessions, indoor recreation or education centers, caretaker's quarters and parking.

(3)

Examples. Examples include parks, cemeteries, public squares, plazas, recreational trails, botanical gardens, nature preserves and land used for grazing animals (not part of a farm or ranch) kept for personal use and enjoyment.

(4)

Exceptions.

a.

Golf courses and golf driving ranges are not classified as parks and open areas. Golf courses and golf driving ranges comprise a separate use category.

b.

Facilities intended to draw large numbers of people to specific events or shows are classified as entertainment events, major. These include fairgrounds, sports arenas and outdoor amphitheaters.

(g)

Religious institutions.

(1)

Characteristics. Religious institutions primarily provide meeting areas for religious worship and education.

(2)

Accessory uses. Accessory uses include classroom and meeting facilities used primarily for religious education, parking, caretaker's housing and on-site group living facilities such as convents, parsonages and rectories.

(3)

Examples. Examples include churches, temples, synagogues and mosques.

(4)

Exceptions. Ministries offering service to the general public, such as marriage counselling, are classified as offices.

(h)

Safety services.

(1)

Characteristics. Safety services are uses that provide public safety and emergency response services. They often need to be located in or near the area where the service is provided. Employees are regularly present on site.

(2)

Accessory uses. Accessory uses include offices and parking.

(3)

Examples. Examples include fire stations, police stations and emergency medical and ambulance stations.

(i)

Schools.

(1)

Characteristics. This category includes public and private schools providing a basic curriculum equivalent to an elementary or secondary school.

(2)

Accessory uses. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums and before- or after-school day care.

(3)

Examples. Examples include public and private daytime schools, boarding schools and military academies.

(4)

Exceptions.

a.

Preschools are classified as day care uses.

b.

Business and trade schools are classified as retail sales and service.

(j)

Utilities, basic.

(1)

Characteristics. Basic utilities are infrastructure service facilities that need to be located in or near the area where the service is provided. Basic utility uses generally do not regularly have employees at the site. Services may be publicly provided, or provided by locally-franchised private utility services.

(2)

Accessory uses. Accessory uses may include parking and control, monitoring, data or transmission equipment.

(3)

Examples. Examples include water and sewage pump stations, electrical substations, water towers and reservoirs, stormwater retention and detention facilities, telephone exchanges, and park-and-ride facilities for mass transit.

(4)

Exceptions.

a.

Services where people are generally present are classified as community services, offices, or safety services.

b.

Utility offices where employees or customers are generally present are classified as offices.

c.

Bus barns are classified as warehouse and freight movement.

d.

Yards and structures used for storage and servicing of utility-related vehicles, material and equipment are classified industrial services.

(Ord. No. 12-12-2013-1, § 311, 12-12-2013)

(a)

Auto and boat dealers.

(1)

Characteristics. Auto sales firms involve the sales or leasing of consumer vehicles, including passenger vehicles, motorcycles, light and medium trucks, recreational vehicles and boats.

(2)

Accessory uses. Vehicle repair and maintenance shall be allowed on the same lot as an auto or boat dealer, so long as such repair and maintenance is clearly subordinate, accessory and incidental to the auto or boat dealer.

(3)

Exceptions. Sales, rental or leasing of heavy trucks and equipment or manufactured housing units are classified as wholesale trade.

(b)

Campground/recreational vehicle park.

(1)

Characteristics. Campgrounds and recreational vehicle parks are intended for camping units or recreational vehicles (of the general public) occupied as temporary living quarters for recreational, educational or vacation purposes.

(2)

Accessory uses. Accessory uses include laundry facilities, convenience groceries, indoor/outdoor games and boat rental.

(3)

Exceptions. Travel trailers, motorized recreational vehicles and other such relocatable housing that does not meet the definition of the term "manufactured housing" may be occupied within a manufactured housing park, provided these types of accommodations do not exceed 30 percent of the total units in the park.

(c)

Office.

(1)

Characteristics. Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services.

(2)

Accessory uses. Accessory uses may include sundry shops, cafeterias, health facilities, parking, or other amenities intended primarily for the use of employees in the firm or building.

(3)

Examples. Examples include professional services such as lawyers, accountants, engineers, or architects; financial businesses such as lenders, brokerage houses, bank headquarters, or real estate agents; data processing; sales offices; government offices and public utility offices; TV and radio studios; medical and dental clinics (not including veterinary clinics), medical and dental labs; and blood-collection facilities.

(4)

Exceptions.

a.

Offices that are part of and located with a principal use in another category are considered accessory to the firm's primary activity. Headquarters offices, when located on the same premises as or adjacent to a principal use in another category, are considered part of the other category.

b.

Offices for construction contractors and others who perform services off-site are included in the office category, if equipment and materials are not stored on the office site and fabrication, services, or similar work is not carried on at the office site.

c.

Veterinary clinics for small, non-hoofed animals shall be classified as a separate use category. Veterinary clinics for large, hoofed animals shall be classified as industrial services.

(d)

Parking, commercial.

(1)

Characteristics. Commercial parking facilities provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a commercial parking facility.

(2)

Accessory use. In a parking structure only, accessory uses may include gasoline sales, car washing and vehicle repair activities if these uses provide service only to vehicles parked in the garage.

(3)

Examples. Examples include short- and long-term fee parking facilities and mixed parking lots (partially accessory to a specific use, partly for rent to others).

(4)

Exceptions.

a.

Parking facilities that are accessory to a use, but for which a fee is charged to the public to park for occasional events nearby, are not considered commercial parking facilities.

b.

Parking facilities that are accessory to a principal use are not considered commercial parking uses, even if the operator leases the parking facility to the principal use or charges a fee to the individuals who park in the facility.

c.

Public transit park-and-ride facilities are classified as basic utilities.

(e)

Plant nurseries.

(1)

Characteristics. Plant nurseries are comprised of land and buildings used for floricultural or horticultural plant production for retail or wholesale trade. This use category includes commercial greenhouses where the roof and sides of such buildings are made largely of transparent/translucent materials and in which temperature and humidity can be regulated for cultivation of delicate or out-of-season plants, for subsequent sale.

(2)

Accessory uses. Accessory uses include office buildings, barns and sheds for storing materials and equipment, and buildings for allowable retail sales. Selling lawn and garden supplies and equipment as well as plant material produced off-premises is ordinarily allowed in conjunction with a plant nursery, except in an AO district.

(3)

Exceptions. In AO districts, the only retail sales allowed are of plant material produced on those same premises. In AO districts, plant nurseries shall not include sales of lawn and garden supplies and equipment, nor shall the sale of plant material produced off-premises be allowed.

(f)

Recreation and entertainment, outdoor.

(1)

Characteristics. Outdoor recreation and entertainment uses are large, generally commercial uses that provide continuous recreation or entertainment-oriented activities. They primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting.

(2)

Accessory uses. Accessory uses may include concessions, restaurants, parking, caretaker's quarters and maintenance facilities.

(3)

Examples. Examples include amusement parks, theme parks, miniature golf facilities and zoos.

(4)

Exceptions.

a.

Golf courses and golf driving ranges are classified as a separate, distinct use category.

b.

Uses that draw large numbers of people to periodic events, rather than on a continuous basis, are classified as major entertainment events.

c.

An amusement facility housed entirely indoors is classified as retail sales and service.

(g)

Retail sales and service.

(1)

Characteristics. Retail sales and service firms are involved in the sale, lease or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods.

(2)

Accessory uses. Accessory uses may include offices, storage of goods and equipment, manufacture or repackaging of goods for on-site sale, and parking.

(3)

Examples. Examples include uses from the four following groups:

a.

Sales-oriented. Stores selling, leasing, or renting consumer, home and business goods generally intended for actual use by the buyer or renter and not for resale, including art, art supplies, bicycles, clothing, dry goods, electronic equipment, fabric, furniture, garden equipment and supplies, gifts, groceries, hardware, home improvements, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery and videos.

b.

Personal service-oriented. Branch banks; emergency medical care; laundromats; photographic studios; photocopy and blueprint services; print shops and lithographers (where finished goods are sold primarily on site and to the general public, not to wholesalers); hair, tanning and personal care services; photo developing and clothes cleaning, with customer drop-off and pickup; business, martial arts and other trade schools; dance or music classes; taxidermists; mortuaries; and animal grooming.

c.

Entertainment-oriented. Restaurants, cafes, delicatessens, indoor continuous entertainment activities such as bowling alleys and ice rinks; dance halls; theatres, health clubs, gyms, membership clubs and lodges; hotels, motels, campgrounds, recreational vehicle parks and other temporary lodging with an average length of stay of less than 30 days.

d.

Repair-oriented. Repair of televisions, bicycles, clocks, watches, shoes, guns, appliances and office equipment; tailor; locksmith; and upholsterer.

(4)

Exceptions.

a.

Repair and service of household consumer motor vehicles, motorcycles and light and medium trucks is classified as vehicle repair. Repair and service of industrial vehicles and equipment and heavy trucks is classified as industrial service.

b.

Sales, rental, or leasing of heavy trucks and equipment or manufactured housing units are classified as wholesale trade.

c.

Hotels, restaurants and other services that are part of a truck stop are considered accessory to the truck stop which is classified as industrial service. In certain situations, hotels and motels may be classified as a community service use, such as short-term housing or mass shelter. See "community services" in section 38-90(b).

d.

Game arcades, billiard and pool halls are not classified as retail sales and services. Game halls are classified as a separate use category.

e.

Auto and boat dealers are not classified as retail sales and services. Auto and boat dealers are classified as a separate use category.

f.

Sales of farm and ranch supplies and/or equipment are classified as wholesale trade.

g.

Bars and taverns are not classified as retail sales and services. Bars and taverns are classified as a separate use category.

(h)

Self-service storage.

(1)

Characteristics. Self-service storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.

(2)

Accessory uses. Accessory uses may include living quarters for a resident administrator or security and leasing offices. Use of the storage areas for sales, service and repair operations, or manufacturing is not considered accessory to the self-service storage use.

(3)

Examples. Examples include facilities that provide individual storage areas for rent. These uses are also called mini-warehouses.

(4)

Exceptions. A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the warehouse and freight movement category.

(i)

Vehicle repair.

(1)

Characteristics. Vehicle repair firms service passenger vehicles, light and medium trucks and other household consumer motor vehicles such as motorcycles, boats and recreational vehicles. Generally, the customer does not wait at the site while the service or repair is being performed.

(2)

Accessory uses. Accessory uses may include offices, sales of parts and vehicle storage.

(3)

Examples. Examples include general automotive repair; specialty shops for transmission, brake, muffler, radiator or alignment repair; auto body shop; auto upholstery shop; auto customizing; and tire sales and mounting.

(4)

Exceptions. Repair and service of industrial vehicles and equipment and of heavy trucks; towing and vehicle storage; and vehicle wrecking and salvage are classified as industrial service.

(j)

Vehicle service, limited.

(1)

Characteristics. Limited vehicle service uses provide direct services to motor vehicles where the driver or passengers generally wait in the car or nearby while the service is performed.

(2)

Accessory uses. Accessory uses may include minor auto repair and minor auto parts sales.

(3)

Examples. Examples include full-service, mini-service and self-service fuel stations; and quick lubrication services.

(4)

Exceptions. Refueling facilities for vehicles that belong to a specific use (fleet vehicles) are considered accessory uses if they are located on the site of the principal use.

(k)

Veterinary clinics, small animals.

(1)

Characteristics. Small animal veterinary clinics provide diagnosis and treatment of diseases and injuries to animals, especially domestic animals. On site diagnosis and treatment of large, hoofed animals shall not be allowed at such veterinary clinics. Outside boarding of any animals shall not be allowed.

(2)

Accessory uses. Accessory uses shall include laboratories, parking, and fenced-in areas for exercising (not boarding) animals admitted for treatment or care.

(3)

Exceptions. Veterinary clinics for on-site diagnosis and treatment of large, hoofed animals shall be classified as industrial services.

(l)

Bars and taverns.

(1)

Characteristics. The sale of beer, wine and mixed alcoholic beverages for consumption on the premises exceeds 75 percent of the gross revenues of the establishment.

(Ord. No. 12-12-2013-1, § 312, 12-12-2013)

(a)

Industrial service.

(1)

Characteristics. Industrial service firms are engaged in the repair or servicing of industrial, business or household consumer machinery, equipment, products or byproducts. Firms that service household consumer goods do so by mainly providing centralized services for separate retail outlets. Construction contractors and building maintenance services and similar uses typically perform services off site. Relatively few customers, especially the general public, come to the site.

(2)

Accessory uses. Accessory activities may include offices, parking and storage.

(3)

Examples. Examples include welding shops; machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing (including wash) and repair; tire retreading or recapping; building, heating, plumbing or electrical contractors; utility, paving and road building contractors; printing, publishing and lithography; exterminators; recycling operations; janitorial and building maintenance services; fuel oil distributors; sign-making; solid fuel yards; research and development laboratories; laundry, dry-cleaning and carpet cleaning plants; veterinary clinics for large hoofed animals; and photofinishing laboratories that accept work only from separate retail outlets, not directly from the public.

(4)

Exceptions.

a.

Construction-related contractors and others who perform services off site are included in the office category, if major equipment and materials are not stored at the site and fabrication or similar work is not carried on at the site.

b.

Hotels, restaurants and other services that are part of a truck stop are considered accessory to the truck stop.

c.

Printing, publishing and lithography in which finished goods are sold primarily on site and to the general public are included in the retail sales and service category.

(b)

Manufacturing and production.

(1)

Characteristics.

a.

Manufacturing and production firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, manmade, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of overall sales. Relatively few customers come to the manufacturing site.

b.

In general, the difference between light and heavy uses is their effect on the surrounding area. If the uses routinely subject the surrounding area to noxious or malodorous impacts, they are considered heavy manufacturing and production. Light manufacturing in general is considered to have fewer noxious effects produced by noise, smoke, odor, dust, vibration or glare, in comparison with heavy manufacturing and production. See section 38-127.

(2)

Accessory uses. Accessory activities may include offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets and caretaker's quarters.

(3)

Examples.

a.

Examples include processing of food and related products; weaving or production of textiles or apparel; wood products manufacturing; woodworking, including cabinet makers; movie production facilities; production or fabrication of metals or metal products, including enameling and galvanizing; manufacture or assembly of machinery, equipment, instruments, including musical instruments, vehicles, appliances, precision items and other electrical items; production of artwork and toys for mass distribution and marketing; and production of prefabricated structures, including manufactured homes.

b.

Examples that are expressly included in the heavy manufacturing and production category include, but are not limited to, each of the following:

1.

Slaughterhouses and meatpacking;

2.

Tanning or curing of furs, skins, leather or hides;

3.

Wool-pulling and scouring;

4.

Cottonseed oil mills;

5.

Refining of petroleum and coal products;

6.

Manufacture and processing of stone, clay and concrete products;

7.

Mixing and batching of concrete and asphalt;

8.

Fabrication of boilers and tanks;

9.

Manufacture and processing of chemicals, including gaseous products and fertilizer.

(4)

Exceptions.

a.

Manufacturing of goods (including printed material) to be sold primarily on site and to the general public is classified as retail sales and service.

b.

Manufacture and production of goods from composting organic material is classified as waste-related uses.

c.

Rendering of meat and poultry byproducts shall be prohibited from all zoning districts.

(c)

Warehouse and freight movement.

(1)

Characteristics. Warehouse and freight movement firms are involved in the storage, or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some occasional will-call pickups. There is little on-site sales activity with the customer present.

(2)

Accessory uses. Accessory uses may include offices, truck fleet parking and maintenance areas.

(3)

Examples. Examples include separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; storage of weapons and ammunition; wholesale distribution centers; truck or air freight terminals; freight forwarding services; bus barns; parcel services; major post offices; grain terminals; gasoline and petroleum product terminals and the stockpiling of sand, gravel, or other aggregate materials.

(4)

Exceptions.

a.

Uses that involve the transfer or storage of solid or liquid wastes are classified as waste-related uses.

b.

Mini-warehouses are classified as self-service storage uses.

c.

Warehousing or freight facilities characterized by stabling or storage of livestock shall be classified as heavy manufacturing and production.

(d)

Waste-related use.

(1)

Characteristics. Waste-related uses are characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material. Waste-related uses also include uses that receive hazardous wastes from others.

(2)

Accessory uses. Accessory uses may include recycling of materials, offices and repackaging and transshipment of byproducts.

(3)

Examples. Examples include sanitary landfills, recyclable materials collection centers, waste composting, energy recovery plants, sewage plants and hazardous-waste collection sites.

(4)

Exceptions. Disposal of dirt, concrete, asphalt and similar non-decomposable materials is considered fill. Chemical and nuclear waste storage dumps are prohibited from all zoning districts.

(e)

Wholesale trade.

(1)

Characteristics. Wholesale trade firms are involved in the sale, lease, or rent of products primarily intended for distribution to other merchants or firms who will, in turn, distribute them to the ultimate consumer. The uses emphasize on-site sales or order-taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on site or delivered to the customer.

(2)

Accessory uses. Accessory uses may include offices, product repair, warehouses, parking, minor fabrication services and repackaging of goods.

(3)

Examples. Examples include sale or rental of machinery, heavy equipment, heavy trucks, farm and ranch supplies, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures; mail order houses; and wholesalers of food, clothing, auto parts, and building hardware.

(4)

Exceptions.

a.

Firms that engage primarily in sales to the general public or on a membership basis are classified as retail sales and service.

b.

Firms that are primarily storing goods with little on-site business activity are classified as warehouse and freight movement.

c.

Livestock auctions, or any wholesale trade facilities characterized by stabling or storage of livestock, shall be classified as heavy manufacturing and production.

(Ord. No. 12-12-2013-1, § 313, 12-12-2013)

(a)

Agriculture.

(1)

Characteristics. Agriculture includes activities that primarily involve raising or producing plants.

(2)

Accessory uses. A single dwelling is allowed on each lot or tract of land used for agriculture. Barns, sheds and bins for storage of material, equipment and farm products (used or produced on-premises) are considered accessory and incidental to agricultural use. Stands for the sale of agricultural produce grown on the premises are allowed in conjunction with agricultural uses.

(3)

Examples. Examples include farming (except dairy farms); truck gardening; forestry or tree farming; horticulture and floriculture; and wholesale plant nurseries.

(4)

Exceptions.

a.

For the purpose of this chapter, the term "agriculture" does not include the use of property for production, processing or sale of animals.

b.

Dairy farms, milk production and animal feed lots are classified as heavy manufacturing and production.

c.

Livestock auctions, stockyards and sale barns are classified as heavy manufacturing and production.

(b)

Animal kennel.

(1)

Characteristics. An animal kennel includes any structure or premises where animals ordinarily considered household pets are kept, boarded, bred or trained, for commercial gain.

(2)

Accessory uses. Accessory uses may include an office building, as well as pens, barns and other enclosed structures necessary for sheltering animals. In nonresidential districts, accessory uses may also include multiple dwellings for proprietors and/or employees of the use.

(3)

Examples. Examples include a dog kennel intended for breeding, training and/or boarding dogs.

(4)

Exceptions. Animals kept on-premises for personal use and enjoyment of the owners and/or residents of those premises shall be allowed in any district, so long as such animal-keeping conforms to provisions of chapter 4, pertaining to animals.

(c)

Entertainment event, major.

(1)

Characteristics. Major entertainment event uses are characterized by activities and structures that draw large numbers of people to specific events or shows. Activities are generally of a spectator nature.

(2)

Accessory uses. Accessory uses may include restaurants, concessions, parking and maintenance facilities.

(3)

Examples. Examples include stadiums, sports arenas, coliseums, auditoriums, exhibition and meeting areas, outdoor amphitheaters and fairgrounds.

(4)

Exceptions.

a.

Exhibition and meeting areas with less than 20,000 square feet of total event area are classified as retail sales and service.

b.

Banquet halls that are part of hotels or restaurants are accessory to those uses, which are included in the retail sales and service category.

c.

Theatres, including drive-in theatres, are classified as retail sales and service.

d.

Recreation or entertainment uses conducted on a continuous basis are classified as outdoor recreation and entertainment or as retail sales and service uses.

(d)

Horse boarding and/or riding academy.

(1)

Characteristics. The term "horse boarding" includes any structure or premises where equine animals are housed or boarded for a service charge or for hire. The term "riding academy" includes any premises where horses are boarded and/or where instruction in riding, jumping or showing is offered and/or where the general public may, for a fee, hire horses for riding.

(2)

Accessory uses. Accessory uses may include an office building, as well as pens, stables, barns and other enclosed structures necessary for sheltering animals. In nonresidential districts, accessory uses may also include multiple dwellings for proprietors and/or employees of the use. In AO districts, only one dwelling unit is allowed on the premises.

(3)

Examples. Examples include horse boarding stables and horse riding academies.

(4)

Exceptions. Horses kept on-premises for personal use and enjoyment of the owners and/or residents of those premises shall be allowed in any district, so long as such horse-keeping conforms to provisions of chapter 4, pertaining to animals.

(e)

Passenger terminals.

(1)

Characteristics. The term "passenger terminals" includes facilities for the landing and takeoff of flying vehicles, including loading and unloading areas. Aviation facilities may be improved or unimproved. The term "passenger terminals" also includes passenger terminals for aircraft, regional bus service and regional rail service.

(2)

Accessory uses. Accessory uses include freight handling areas, concessions, offices, parking and maintenance and fueling facilities.

(3)

Examples. Examples include airports, bus passenger terminals for regional bus service, railroad passenger stations for regional rail service and helicopter landing facilities.

(4)

Exceptions.

a.

Bus and rail passenger stations for sub-regional service such as mass transit stops and park-and-ride facilities are classified as basic utilities.

b.

Private helicopter landing facilities that are accessory to another use are considered accessory uses. However, they are subject to all the regulations and approval criteria for helicopter landing facilities.

(f)

Mining.

(1)

Characteristics. The term "mining" includes mining or extraction of mineral or aggregate resources from the ground for off-site use.

(2)

Accessory uses. Accessory uses include storage, sorting, stockpiling, or transfer off site of the mined material.

(3)

Examples. Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining; and drilling and production of oil, natural gas, or geothermal resources.

(g)

Telecommunications facilities.

(1)

Characteristics. Telecommunications facilities include all devices, equipment, machinery, structures or supporting elements which, in combination, extend above a height of 35 feet (including the height of other structures or buildings on which such facilities are located) and are necessary to produce nonionizing electromagnetic radiation within the range of frequencies from 100 KHz to 300 GHz and operating as a discrete unit to produce a signal or message. Facilities may be self-supporting, guyed, mounted on poles, other structures, light posts, power poles, or buildings. Facilities shall also include intertie and interconnection translators, connections from over-the-air to cable, fiber optic, or other landline transmission system.

(2)

Accessory uses. Accessory uses may include transmitter facility buildings.

(3)

Examples. Examples include broadcast towers, communication towers and point-to-point microwave towers.

(4)

Exceptions.

a.

Radio and television studios are classified in the office category.

b.

Radio and television broadcast facilities that are public safety facilities are classified as basic utilities.

c.

A receive-only satellite or other dish antenna less than 18 inches in diameter is considered an accessory use.

(h)

Any uses deemed appropriate.

(1)

Characteristics. This entry allows consideration of uses not ordinarily allowed in the zoning district where those uses are proposed, but only where and in a manner that such uses provide an effective transition between less restrictive and more restrictive zoning districts. Such special uses can integrate otherwise hard edges between zoning districts of starkly contrasting character and, furthermore, help make use of long-vacant tracts on the boundary between different zoning districts.

(2)

Accessory uses. Accessory uses commonly associated with transitional uses include off-street parking for occupants and/or customers, storage of supplies and equipment for maintaining the facilities for such use and offices directly associated with such use of a nonresidential character.

(3)

Examples. Examples include limited commercial storage in residential districts, and day care in residential districts.

(4)

Exceptions. Manufactured homes shall not be allowed (by approval of a special use) at any location where otherwise prohibited by this chapter.

(i)

Garage sales.

(1)

Definitions. The following words, terms and phrases, when used in this subsection (i), shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Garage sale means the sale of items normally accumulated by a household.

(2)

Frequency. No more than three garage sales shall be allowed for the same location in any year. The duration of the garage sale shall not exceed three consecutive days.

(3)

Resale. No items of personal property shall be purchased for garage a sale with the intent or for the purpose of resale.

(Ord. No. 12-12-2013-1, § 314, 12-12-2013)