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Fayetteville City Zoning Code

CHAPTER 162

- USE UNITS

162.01 - Establishment/Listing

The various use units referred to in the zoning district provisions are herein listed in numerical order. Within the use units, the permitted uses are ordinarily listed in alphabetical order. In these use units where there is a preliminary descriptive statement (which may mention specific uses) in addition to the detailed list of uses, the detailed list shall govern.

Unit 1 City-wide uses by right
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 6 Agriculture
Unit 7 Animal husbandry
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 11 Manufactured home park
Unit 12a Limited business
Unit 12b General business
Unit 13 Eating places
Unit 14 Hotel, motel and amusement facilities
Unit 15 Neighborhood shopping goods
Unit 16 Shopping goods
Unit 17 Transportation Trades and services
Unit 18 Gasoline service stations and drive-in/drive-through restaurants
Unit 19 Commercial recreation, small sites
Unit 20 Commercial recreation, large sites
Unit 21 Warehousing and wholesale
Unit 22 Manufacturing
Unit 23 Heavy industrial
Unit 24 Home occupation
Unit 25 Offices, studios, and related services
Unit 26 Multi-family dwellings
Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks
Unit 28 Center for collecting recyclable materials
Unit 29 Dance halls
Unit 30 Extractive uses
Unit 31 Facilities emitting odors & facilities handling explosives
Unit 32 Sexually oriented business
Unit 33 Adult live entertainment club or bar
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communications facilities
Unit 37 Manufactured homes
Unit 38 Mini-storage units
Unit 39 Auto salvage and junk yards
Unit 40 Sidewalk Cafes
Unit 41 Accessory dwellings
Unit 42 Clean technologies
Unit 43 Animal boarding and training
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals
Unit 48 Private dormitories

 

(A)

Unit 1. City-Wide uses by right.

(1)

Description. Unit 1 consists of public uses, essential services, agricultural uses, open land uses, and similar uses which are subject to other public controls or which do not have significantly adverse effects on other permitted uses and are, therefore, permitted as uses of right in all districts.

(2)

Included Uses. Public facilities of the types embraced within the recommendations of the Comprehensive Land Use Plan.

Agricultural, forestry, and
fishery:
• Field crop farms
• Fishery
• Forest
• Fruit, tree, and vegetable farm
Essential services located in public right-of-way: • Fire alarm box
• Fire hydrant
• Passenger stop for bus
• Police alarm box
• Sidewalk
• Street, highway, and other
thoroughfare
• Street signs, traffic signs, and signals
• Utility mainline, local transformer and station, and similar facilities customarily located in public right-of-way
Recreation and related use: • Arboretum
• Historical marker
• Park area
• Parkway
• Wildlife preserve
Water facilities: • Reservoir, open
• Watershed
• Conservation or flood control project

 

(B)

Unit 2. City-Wide Uses by Conditional Use Permit.

(1)

Description. Unit 2 consists of uses which may be conducted anywhere in the territorial jurisdiction, but which can be objectionable to nearby uses and are therefore permitted subject to conditional use permits in all districts.

(2)

Included Uses.

Public and private facilities: • Airport, flying fields and
heliport
• Bed and breakfast facilities*
• Campground
• Community Recycling Drop-off
Facility
• Landscape contracting business
• Plant nursery
• RV sewage disposal facility
• Solid waste disposal facility
• Water recreation area
Temporary facilities: • Carnival, circus, and tent
revival*
• Commercial facilities
• Real estate sales office
(located at a specific location in an underdeveloped subdivision and
operated for the purpose of developing said subdivision)
• School and church facility

 

(C)

Unit 3. Public Protection and Utility Facilities.

(1)

Description. Unit 3 consists primarily of public protection and utility equipment which:

(a)

Is ordinarily not located in the street right-of-way and can be significantly objectionable to nearby residential, commercial, and light industrial uses;

(b)

Have requirements for specific locations or are needed to serve residential neighborhood or local areas; and

(c)

Are, therefore, permitted only on review.

(2)

Included Uses.

Facilities of Public
Service Corporations:
• Electric regulating station
• Pressure control station
• Transmission station for tower, radio, telegraph, telephone, television
Other utility and protective
facilities:
• Airway beacon
• Public utility maintenance building, warehouse, or storage
building
• Water pipeline rights-of-way, sewer or water treatment plant, water storage facility
Railroad rights-of-way
Communications and utility transmission line rights-of-way
Principal use ground mounted solar energy system

 

(D)

Unit 4. Cultural and Recreational Facilities.

(1)

Description. Unit 4 consists of cultural and recreational uses to serve the residents of the community.

(2)

Included Uses.

Auditorium, stadium
Art gallery, museum
Cemetery
Child care center, nursery school *
Church
College or university
Community center
Crematorium
Institutional dormitory
Eldercare
Hospital
Mausoleum
Playfield, playground
Private club or lodge
School: • Elementary
• Junior High
• Senior High
Swimming pool
Tennis court
Theater (legitimate)

 

Cross-reference(s)—Parking and Loading, Ch. 172.

(E)

Unit 5. Government Facilities.

(1)

Description. Unit 5 consists of the main facilities of government agencies.

(2)

Included Uses.

City or county jail
Courts of law
Fire station
Governmental agencies and offices
Library
Police station
Post office
Detention Home

 

(F)

Unit 6. Agriculture.

(1)

Description. Unit 6 consists of agricultural uses and services and certain other uses suitable for location near, but not in, a residential district.

(2)

Included Uses.

Agricultural uses and services: Farm: • Egg
• Truck
Services: • Hay baling
• Smoking, curing and selling of smoked or cured poultry and livestock
• Sorting, packing and selling of fruits,
vegetables and flowers
• Threshing

 

(G)

Unit 7. Animal Husbandry.

(1)

Description. Unit 7 consists of livestock raising and related activities which are ordinarily objectionable to other uses and require, therefore, a buffer strip when abutting a C or R District.

(2)

Included Uses.

Animal farms for show, breeding, and training
Farms with livestock
Livestock services: • Animal hospitals
• Shipping of livestock
• Training of horses
• Veterinarian's treatment areas
Recreational uses: • Guest ranch
• Riding stable *
• Rifle range
• Rodeo ground

 

(H)

Unit 8. Single-Family Dwellings.

(1)

Description. Unit 8 is provided in order that single-family dwellings may be located in appropriate residential areas.

(2)

Included Uses.

Single-family dwellings

 

(I)

Unit 9. Two (2) Family Dwellings.

(1)

Description. Unit 9 is provided in order that two (2) family attached dwellings may be located in appropriate residential areas.

(2)

Included Uses.

Duplexes
Townhouse dwellings, no more than two attached units
Two-family dwellings

 

(J)

Unit 10. Three (3) and four (4) family dwellings.

(1)

Description. Unit 10 is provided in order that three (3) and four (4) family attached dwellings may be located in appropriate residential areas.

(2)

Included uses.

Three (3) and four (4) family dwellings

 

(K)

Unit 11. Manufactured Home Park.*

(1)

Description. Unit 11 consists of a separate use of manufactured home parks in order that they may be located in appropriate residential areas.

(2)

Included uses.

Manufactured home park*

 

(L)

Unit 12a. Limited Business.

(1)

Description. Unit 12a consists of small-scale establishments offering commercial goods and services that are accessible for the convenience of individuals living in residential districts, while compatible in size, scale and appearance with the surrounding neighborhood. These uses shall be subject to the regulations in Chapter 164. All uses classified under Unit 12 must be within a building containing 3,000 square feet or less excluding areas dedicated to residential uses.

(2)

Included Uses.

Personal Services:
(Maximum gross floor area of 1500 square feet)
• Day care
• Dry Cleaning
• Salon/Barber shop
• Tailoring
Specialized Retail:
(Maximum gross floor area of 2,000 square feet)
• Antique/home decor sales
• Apparel
• Art/architectural supplies
• Bakery, Pastry shops
• Bicycle Shops
• Book store
• Coffee shop
• Delicatessen
• Drugstore
• Food specialty stores
• Florist
• Grocery
• Hardware
• Health food store
• Hobby/Craft Stores
• Ice cream
• Meat Market
• Restaurant/café
• Small appliance repair
• Stationary Store
• Toy store
• Video rental
Professional Offices:
(Maximum gross floor area of 3000 square feet)
• Accountant
• Architect
• Attorney
• Broker
• Business/Mgmt Consultant
• Doctor
• Dentist
• Engineer
• Insurance Sales
• Interior Designer
• Optometrist
• Realtor
• Welfare agency
Studios for:
(Maximum gross floor area of 3000 square feet)
• Art
• Dance
• Music
• Photography
• Pottery

 

(M)

Unit 12b. General Business.

(1)

Description. Unit 12b consists of small-scale establishments offering commercial goods and services that are accessible for the convenience of individuals living in residential districts, while compatible in size, scale and appearance with the surrounding neighborhood. These uses shall be subject to the regulations in Chapter 164. All uses classified under Unit 12b must be within a building containing 8,000 square feet or less, excluding area dedicated to residential uses.

(2)

Included Uses.

Personal services • Day Care
• Dry cleaning
• Salon/Barber shop
• Tailoring
Retail • Antique/home decor sales
• Apparel
• Art/Architectural supplies
• Bakery/Pastry shops
• Bicycle shop
• Bookstore
• Coffee shop
• Delicatessen
• Drugstore
• Florists
• Food specialty stores
• Grocery
• Hardware store
• Health food store
• Hobby/Craft shop
• Ice cream
• Meat market
• Restaurant/Cafe
• Small Appliance Repair
• Stationary store
• Toy store
• Video rental
Professional Offices • Accountant
• Architect
• Attorney
• Broker
•; Business/Mgmt. Consultant
• Doctor

 

(N)

Unit 13. Eating Places.

(1)

Description. Unit 13 is established that eating places, excluding drive-ins and those that provide dancing and entertainment, can be located as needed without necessarily introducing other commercial uses.

(2)

Included Uses.

Eating places, other than drive-ins, which do not provide dancing or entertainment
Restaurants
Café's

 

(O)

Unit 14.Hotel, Motel, and Amusement Facilities.

(1)

Description. Unit 14 consists of hotels, motels, and certain types of amusement facilities.

(2)

Included Uses.

Hotel
Membership lodge
Motel
Motion picture theater
Night club, not providing dancing or outdoor music
Tavern, not providing dancing or outdoor music
Use Unit 46, Short-term rental is also permitted within Use Unit 14

 

(P)

Unit 15. Neighborhood Shopping Goods.

(1)

Description. Unit 15 includes a variety of frequently purchased commercial goods, where convenience of location is more important than comparative shopping. These uses are grouped in limited areas while prohibiting all others not necessary near the residential districts. All uses classified under Use Unit 15 must be within a building containing 25,000 square feet or less excluding areas dedicated to residential uses.

(2)

Included Uses.

Personal services • Barber/Salon
• Dry cleaning
• Laundry facility
• Tailoring
Retail • Apparel and accessory
• Bakery, pastry shops
• Bicycle shop
• Bookstores
• Coffee shop
• Delicatessen
• Drugstore
• Electronics
• Florists
• Food specialty stores
• Furniture and Home Decor
• Grocery
• Hardware store
• Health food store
• Hobby/craft shop
• Ice cream
• Jewelry/watch sales and repair
• Meat market
• Music instruments
• News and magazine stand
• Optical goods
• Pet shop
• Photography Studio
• Picture framing
• Shoe store
• Sporting goods
• Stationary store
• Toy store
• Video rental
Vehicular Sales (interior display only) • Automobile
• ATV/Motorcycle
• Boat/Personal Watercraft (PWC)

 

(Q)

Unit 16. Shopping Goods.

(1)

Description. Unit 16 consists of stores selling retail goods which are ordinarily purchased less frequently and often have a city-wide or regional market.

(2)

Included Uses.

NEIGHBORHOOD SHOPPING GOODS ALL USES WITHIN UNIT 15 ARE ALSO PERMITTED WITHIN UNIT 16, WITHOUT RESTRICTION TO SIZE
General Merchandise: • Department store
• Mail order
Merchandise vending machine operations • Sales and repair
Home/Office: • Appliances
• China, glassware
• Draperies, curtains
• Floor coverings
• Furniture
Personal services: • Animal daycare
• Animal hospital
• Auctioneer
• Bindery
• Body piercing
• Costume rental service
• Detective service
• Electrical repair service
• Furniture repair, refinishing
• Gunsmith
• Interior decorating
• Linen supply and industrial laundry
• Locksmith
• Office supplies
• Rug cleaning, repair
• Sign painting
• Tattoo and piercing
• Taxidermist
• Tool sharpening, repair
• Watch and jewelry repair
• Weight loss center
Retail • Apparel and accessory
• Auto accessory store
• Boat and accessory store
• Dry goods
• Garden supply

 

(R)

Unit 17. Transportation Trades and Services.

(1)

Description. Unit 17 consists of establishments engaged primarily in providing vehicular sales, service and maintenance, and similar services which fulfill recurrent needs of residents of nearby areas, but are generally incompatible with primary retail districts because they break the continuity of retail frontage. Uses also include those that require transport of persons or materials on a regular basis.

(2)

Included Uses.

Retail trade establishments, general: • Automotive sales
• Body shops/garages
• Farm supplies and equipment and repair
• Lawn equipment sales, repair
• Marine craft sales, repair
• Motorcycle sales, repair
• Truck sales
• Trailer, camping, hauling, travel, sales
• Used car lots
Personal help: • Auto wash
• Motor repair
• Packing and crating
Transportation service: • Bus station
• Car rental
• Express service
• Helistop
• Railway terminal
• Taxicab station

 

(S)

Unit 18. Gasoline service stations and drive-in/drive-through restaurants.

(1)

Description. Gasoline service stations and drive-in restaurants can be significantly objectionable to nearby uses, so, therefore, have been allowed only in districts where necessary to provide this use.

(2)

Included Uses.

Gasoline service stations to include businesses providing only oil changes and/or lubrication for cars, vans and light trucks *
Self-service auto wash (in conjunction with a gasoline service station) *
Drive-in/drive-through restaurant *

 

(T)

Unit 19. Commercial Recreation, Small Sites.

(1)

Description. Unit 19 consists of commercial amusements which ordinarily do not require large sites and often seek location in or near developed commercial areas.

(2)

Included Uses.

Billiard and pool parlor
Bowling alley
Slot car track
Skating rink
Video arcade
Indoor theater

 

(U)

Unit 20. Commercial Recreation, Large Sites.

(1)

Description. Unit 20 consists of commercial recreation facilities which are usually conducted out-of-doors, on large sites, and in undeveloped, outlying parts of the city. Uses in this unit have an adverse effect on certain other uses, in that they are often noisy and are large traffic generators.

(2)

Included Uses.

Amusement park *
Drag strip
Drive-in theater
Fairgrounds
Fishing dock
Go-cart track
Golf range, golf course
Miniature golf
Race track
Zoo

 

(V)

Unit 21. Warehousing and Wholesale.

(1)

Description. Unit 21 includes warehousing, wholesaling and trucking of the type which is usually located to serve the central business district and is easily serviced by rail and highway transportation.

(2)

Included Uses.

Building material establishments: • Air conditioning
• Building materials
• Electrical supply
• Glass
• Heating equipment
• Lumber
• Paint
• Plumbing supplies
• Wallpaper
Fuel establishments: • Bottled gas
• Fuel dealer
• Fuel oil
Monument, including processing
Service establishments:
Building service
• Disinfecting and exterminating service
• Janitorial service
• Window cleaning service
Service establishments:
Contract construction service
• Air conditioning
• Building construction
• Carpentry
• Cesspool cleaning
• Concrete
• Decorating
• Electrical
• Furnace cleaning
• Heating
• Heavy construction
• Housing for caretakers
• Impound Yard
• Masonry
• Oil well drilling
• Painting
• Paper Hanging
• Plastering
• Plumbing
• Roofing
• Sheet metal
• Stonework
• Tile setting
• Towing Business
• Water well drilling
Trucking establishments
Vending machines
Warehouses
Wholesale establishments

 

(W)

Unit 22. Manufacturing.

(1)

Description. Unit 22 consists of industrial uses which usually generate some adverse environmental effects and for this reason they should be located away from uses which do not produce adverse effects.

(2)

Included Uses.

Fabricated metal products: • Cutlery engraving
• Fire control equipment
• Guns and related equipment
• Machinery
• Tanks
• Transportation equipment, including body shops
Fabricated structural products: • Air conditioning and cooling
apparatus
• Fabricated wire products
• Fire control equipment
• Hardware products
• Heating apparatus
• Metal cans
Miscellaneous manufacturing: • Athletic goods
• Amusements
• Musical instruments
• Plated ware
• Silverware
• Sporting goods
• Toys
• Textile products
• Housing for caretakers

 

(X)

Unit 23. Heavy Industrial.

(1)

Description. Unit 23 consists of uses which cause the greatest adverse environmental effects because of odor, noise, unsightliness, air pollution and explosions.

(2)

Included Uses.

Manufacturing uses: • Fabricated metal products
• Primary metal industries
• Textile mill products
Processing and sales: • Scrap metal
• Refuse
Repair service • Tirecapping
Wrecking and demolition services
Apparel products: • Industrial leather belting
Clay products
Food and allied products
Furniture and allied products
Glass products
Lumber and wood products: • Millware products
• Plywood products
• Prefabricated structural wood
• Veneer products
• Wooden container
Paper and allied products: • Paperboard containers
Petroleum and related
industries:
• Coal yard
• Lubricating oils and greases
Primary metal industry: • Foundry
Stone products
Housing for caretakers

 

(Y)

Unit 24. Home Occupation.

(1)

Description. Unit 24 consists of businesses for which financial compensation is received, conducted on a residential property, and which generates motor vehicle traffic to the residential property. Only those residing on the property may be employed by the home occupation.

(2)

Included Uses.

Home child care, no more than six children
Instructional services: • Art
• Crafts
• Dance
• Music
• Tutoring
Professional services: • Architects
• Insurance agents
• Lawyers
• Real estate agents
• Accountants
• Editors
• Publishers
• Graphic designers
• Travel agents
Repair services: • Clocks and watches
• Computers
• Electronic devices
• Lawnmowers
• Small appliances
• Small engines
Sales of home produced agriculture products: • Produce
• Eggs
• Honey or beeswax products
• Jams or jellies
• Milk and milk products
• Other products that may be home grown or home made on this property

 

(Z)

Unit 25. Offices, Studios and Related Services.

(1)

Description. Unit 25 consists of offices, studios, medical and dental labs, and other supporting services and sales.

(2)

Included Uses.

Medical Clinic: • Dental office/clinic
• Medical office/clinic
Personal services • Barber/Salon
• Day care
• Tailoring
Professional office: • Accountant
• Architect
• Attorney
• Broker
• Engineer
• Realtor
Sale of supplies and equipment • Architecture, drafting, and art supplies
• Office furnishings and supplies
• Medical, optical, and dental supplies
• Scientific instruments
Services: • Advertising agency
• Animal daycare (ten (10) animals or less)
• Auto parking garage
• Bail bonding agency
• Business or management consultant
• Computing service
• Consultant
• Data processing service
• Drafting service
• Employment agency
• Financial institution
• Funeral home
• Insurance sales
• Interior decorator
• Photocopying or printing
• Social and welfare agencies
• Travel agency
• Veterinary small animal out-patient clinic
Studios: • Artist's studio
• Photography studio
• Studio for teaching any of the fine or liberal arts

 

(AA)

Unit 26. Multi-Family Dwellings.

(1)

Description. Unit 26 is provided in order that multi-family dwellings and more than four (4) attached units may be located in appropriate residential areas.

(2)

Included Uses.

Apartments
Convalescent home
Fraternity/Sorority houses
Multi-family attached dwellings
Rooming/boarding house
Townhouse, more than four (4) attached units

 

(BB)

Unit 27. Wholesale Bulk Petroleum Storage Facilities with Underground Storage Tanks.

(1)

Description. Unit 27 is provided in order that wholesale bulk petroleum storage facilities with underground storage tanks may be located in the appropriate industrial areas.

(2)

Included Uses.

Wholesale bulk petroleum storage facilities with underground storage tanks

 

(CC)

Unit 28. Center for collecting recyclable materials.

(1)

Description. Unit 28 is provided in order that centers for collecting recyclable material may be located in appropriate commercial and industrial areas.

(2)

Included Uses.

Center for collecting recyclable materials

 

(DD)

Unit 29. Dance Halls. *

(1)

Description. Unit 29 is provided in order that establishments that provide areas for dancing may be located in an appropriate environment and as not to negatively impact adjacent properties.

(2)

Included Uses.

Bars providing area for dancing
Dance halls
Restaurants providing area for dancing
Taverns providing area for dancing

 

(EE)

Unit 30. Extractive Uses.

(1)

Description. Unit 30 consists of extractive uses which generate substantial nuisances and adverse environmental effects.

(2)

Included Uses.

Mining: • Coal and ores
• Clay, sand and silt
• Rock and gravel
• Other minerals
• Petroleum extraction
• Natural gas extraction
Other: • Rock crushing
• Sorting and washing of earth products

 

(FF)

Unit 31. Facilities Emitting Odors and Facilities Handling Explosives. *

(1)

Description. Unit 31 consists of facilities which are heavy industrial in nature, but which have the potential to have adverse effects such as odor or the potential for explosions

(2)

Included Uses.

Manufacturing Uses: Chemical and allied products
Food and kindred products: • Animal fats and oils
rendering
• Beverages distilling
• Meat slaughtering and
packaging
Paper and allied products
Rubber and plastic products
Processing and sales: Explosives
Wholesale and warehousing: Livestock stockyards
Explosive materials
Apparel products: Leather tanning
Chemical and allied products: Any process likely to emit odor or have the potential for explosion
Paper and allied products: Building paper and board • Paper
Petroleum and related industries: Bulk station and terminal
Rubber and
miscellaneous plastic
products:
Inner tubes
Tires

 

(GG)

Unit 32. Sexually Oriented Business.

(1)

Description. Unit 32 consists of adult arcades, adult bookstores or adult video stores, adult cabarets, adult motion picture theaters, or adult theaters whose inventory, merchandise or performances are characterized by a preponderance of "specified sexual activities" or "specified anatomical areas" all as more fully set forth in Ordinance No. 4024, §123.26, as may be amended from time to time.

(2)

Included Uses.

Adult arcade
Adult bookstore
Adult video stores
Adult cabarets
Adult motion picture theaters
Adult theaters

 

(HH)

Unit 33. Adult Live Entertainment Club or Bar.

(1)

Description. Unit 33 includes fixed places of business selling or dispensing alcoholic beverages including private clubs which emphasize and seek through one (1) or more dancers to arouse or excite the patron's sexual desires.

(2)

Included Uses.

Semi-nude club or bar
Exotic dance club or bar
Go-Go dance club or bar
Strip club or bar
Gentlemen's club or bar

 

(II)

Unit 34. Liquor Stores. *

(1)

Description. Unit 34 includes fixed places of business licensed by the Arkansas Alcoholic Beverage Control Board to sell alcoholic beverages for off-premise consumption.

(2)

Included Uses.

Liquor Stores *

 

(JJ)

Unit 35. Outdoor music establishments. *

(1)

Description. Unit 35 includes any business or establishment that has a garden, patio, rooftop or premises not wholly enclosed by solid walls and fully roofed in which amplified or loud music is played that could be audible at nearby residences or businesses.

(2)

Included Uses.

Outdoor music establishments *

 

(KK)

Unit 36. Wireless Telecommunications Facilities.

(1)

Description. A land use facility that transmits and/or receives electromagnetic signals for the purpose of transmitting analog or digital voice or data communications.

(2)

Included Uses.

Wireless telecommunications facilities * • Antennas
• Accessory buildings
• Accessory development
• Cellular towers
• Horns
• Microwave dishes
• Monopoles

 

(LL)

Unit 37. Manufactured Homes.

(1)

Description. Unit 37 is provided in order that manufactured homes may be located in appropriate residential areas.

(2)

Included uses.

Manufactured homes *

 

(MM)

Unit 38. Mini-Storage Units.

(NN)

Unit 39. Auto Salvage and Junk Yards.

(OO)

Unit 40. Sidewalk Cafés.

(1)

Description. Unit 40 is provided in order that sidewalk cafés may be located in appropriate commercial areas.

(2)

Included Uses.

Sidewalk Cafés

 

(PP)

Unit 41. Accessory Dwelling Units.

(1)

Description. Unit 41 includes accessory dwelling units.

(2)

Included Uses.

Accessory Dwelling Units*

 

(QQ)

Unit 42. Clean Technologies.

(1)

Description. Unit 42 consists of uses that fabricate or produce goods and services that greatly reduce or eliminate negative environmental impacts, create new technologies or improve the productive and responsible use of natural resources.

Alternative Energy Fabrication and Storage Components: • Wind
• Solar
• Fuel cells
• Batteries
• Hybrid systems
Fabrication or Production of
Materials:
• Nano Technologies
• Solar panels
• Computer components, such as
microchips
• Advanced packaging
Research and Development: • Monitoring and control systems
• Energy infrastructure management
• Energy efficiency management
• Materials and recycling management
• Transportation logistics
• Environmental cleanup and safety
• Scientific or high tech research
laboratories

 

(RR)

Unit 43. Animal Boarding and Training.

(1)

Description. Unit 43 consists of services such as animal boarding, training, kennels, outdoor animal daycare and related activities which have outdoor space for animal exercise and other activities and may therefore result in noise and aesthetic impacts and may pose compatibility issues when adjacent to commercial or residential uses without adequate buffers in place.

(2)

Included uses.

Animal boarding
Animal training
Kennels
Outdoor animal daycare
Outdoor dog runs
Other outdoor animal activity

 

(SS)

Unit 44. Cluster Housing Development.

(1)

Description. Unit 44 is provided in order that cluster housing developments are permitted by right in multi-family zoning districts and by Conditional Use Permit in single family zoning districts.

(2)

Included Uses.

Cluster Housing Developments

 

(TT)

Unit 45. Small Scale Production.

(1)

Description. Unit 45 is provided in order that increased variety and flexibility of non-residential goods, services, and employment centers may be provided in close proximity to residences and commercial uses. These uses may have adverse impacts because of high traffic, delivery vehicles, noise, or odors and may pose compatibility issues if they are not limited in size.

(2)

Included Uses.

Unit 42. Clean technologies All uses within Unit 42 are permitted with a maximum gross floor area of 5,000 square feet
Microbrewery; microwinery; microdistillery Maximum gross floor area of 10,000 square feet for the manufacturing portion of the facility and production of less than 15,000 barrels per year
Boutique/specialty manufacturing (maximum gross floor area of 5,000 square feet) • Specialty food manufacturers with or without a retail store front
• Coffee roasting facility
• Other specialty manufacturers that have minimal impacts to adjoining properties compared with what is typically generated by similar uses within the designated zoning district, as determined by the Zoning and Development Administrator

 

(UU)

Unit 46. Short-term rental.

(1)

Description. Unit 46 is provided to allow a permanent residential dwelling unit, portion of a residential dwelling unit, or bedroom within a residential dwelling unit, to be leased and/or rented to a guest(s) for a period of less than thirty (30) consecutive days.

(2)

Included Uses.

Short-term rentals

 

(VV)

Unit 47. Data centers.

(1)

Description. Unit 47 consists of uses related to facilities engaged in storage, management, processing, and transmission of digital data, including facilities used for cryptocurrency mining.

(2)

Included Uses.

Data centers

 

(WW)

Unit 48. Private Dormitories.

(1)

Description. Unit 48 consists of uses related to facilities constructed for the purpose of housing students.

(2)

Included Uses.

Private dormitories

 

(Code 1965, App. A., Art. 6 (A), (F); Ord. No. 329, 10-1-85; Ord. No. 3165, 2-4-86; Ord. No. 3341, 3-15-88; Ord. No. 1747, 6-29-70; Code 1991, §§118.01, 160.055; Ord. No. 3546, 4-19-91; Ord. No. 3792, §§2, 3, 5-17-94; Ord. No. 3870, §1 (Ex. A), 2-21-95; Ord. No. 3909, §1, 7-18-95; Ord. No. 3971, §§3, 4, 5-21-96; Ord. No. 4024, §3, 3-18-97; Ord. No. 4034, §§1, 2, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4376, §5 (Ex. E), §6 (Ex. F), 3-5-02; Ord. No. 4423, §1 (Ex. A), 10-02-02, Ord. No. 4728, 7-19-05; Ord. No. 4913, 8-15-06; Ord. No. 4919, 09-05-06; Ord. No. 4930, 10-03-06; Ord. No. 4946, 11-21-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5203, 12-2-08; Ord. No. 5195, 11-6-08; Ord. No. 5226, 3-3-09; Ord. No. 5238, 5-5-09; Ord. No. 5312, 4-20-10; Ord. No.5312, 4-20-10; Ord. No. 5338, 8-3-10; Ord. No. 5339, 8-3-10; Ord. No. 5352, 9-7-10; Ord. No. 5462, 12-6-11, Ord. No. 5668, 3-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5772, 5-19-15; Ord. No. 5921, §§2, 3, 11-1-16; Ord. No. 5945, §§10—14, 1-17-17; Ord. No. 5990, §1, 8-1-17; Ord. No. 6245, §3, 10-15-19; Ord. No. 6427, §§1(Exh. D), 2, 4-20-21; Ord. No. 6624, §1, 11-1-22; Ord. No. 6678, §2, 9-5-23; Ord. No. 6879, §3, 5-20-25)

Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section.

162.02 - Interpretation

(A)

In each use unit division, permitted uses are set forth in the division entitled "Included uses." In the event of a conflict between such divisions and the "description" divisions, the former shall prevail.

(B)

In any case where there is a question as to whether or not a particular use is included in a particular use unit, the Zoning and Development Administrator shall decide. A use shall not be interpreted as being in any use unit if it is specifically listed in another unit in this chapter.

(Code 1965, App. A., Art. 6(B); Ord. No. 1747, 6-29-70; Ord. No. 2181, 1-6-76; Code 1991, §160.056; Ord. No. 4100, §2 (Ex. A), 6-16-98)

162.03 - Conditions Of Use

(A)

A use shall be subject to the provisions of the district in which the use is permitted. Certain uses shall be subject to additional conditions set forth separately herein. Reference will be made in the chapter to conditions applicable to a particular use in the unit where the use is listed.

(B)

Uses which are permitted both as principal and accessory uses shall be subject to the conditions set forth for the use as a principal use.

(Code 1965, App. A., Art. 6 (C); Ord. No. 1747, 6-29-70; Code 1991, §160.057; Ord. No. 4034, §6, 4-14-97; Ord. No. 4100, §2 (Ex. A) 6-16-98)

162.04 - Enclosure Of Uses

Where so specified in a use unit listing, a use shall be operated only within a fully enclosed structure. The excepting of certain districts from this requirement with respect to certain uses does not indicate that such uses are necessarily permitted in such districts. In districts where enclosure of use is required, accessory off-street parking and loading shall be exempted from this enclosure requirement.

(Code 1965, App. A., Art. 6 (E); Ord. No. 1747, 6-29-70; Code 1991, §160.059; Ord. No. 4100, §2 (Ex. A), 6-16-98)