(a)

Permitted uses.

(1)

Permitted uses are listed in the Table 404-1. The following symbols are used:

No symbol indicates that a use is prohibited in the district.

(2)

No use is permitted pursuant to this Code, and no Development Permit authorizing a use may be authorized, issued, or approved by any officer, official, or agency, unless:

A.

The use is listed as a permitted or Conditional Use in this section; and

B.

All applicable permits and approvals have been issued by the agency or official with final decision making authority.

(b)

Unlisted uses.

(1)

No building permit shall be issued for a use not specifically mentioned or described by category in the Use Matrix. Evaluation of these uses shall be as set forth in subsection (3), below.

(2)

Notwithstanding any provision of this section to the contrary, uses which are required to be permitted in any zoning district by state statute may be permitted in accordance with state law whether or not the use is included in the Use Matrix.

(3)

Uses not listed as a permitted use or conditional use are presumed to be prohibited from the applicable zoning district. In the event that a particular use is not listed in the Use Matrix, and such use is not listed as a prohibited use and is not otherwise prohibited by law, the Zoning Administrator shall determine whether a materially similar use exists in this section. Should the Zoning Administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the Zoning Administrator's decision shall be recorded in writing. Should the Planning Director determine that a materially similar use does not exist, this Chapter may be amended to establish a specific listing for the use in question.

(4)

The Zoning Administrator may determine that a use is materially similar if:

A.

The use is listed as within the same Structure or Function classification as the use specifically enumerated in the Use Matrix, as determined by the Land-Based Classification Standards ("LBCS") of the American Planning Association [Reference: http://www.planning.org/lbcs/index.html]. The use shall be considered materially similar if it falls within the same LBCS classification and meets the requirements of subsection C, below.

B.

If the use cannot be located within one of the LBCS classifications pursuant to subsection A, above, the Zoning Administrator shall refer to the North American Industry Classification Manual (Executive Office of the President, Office of Management and Budget, 1997)("NAICS"). The use shall be considered materially similar if it falls within the same industry classification of the NAICS, and meets the requirements of subsection C., below. [Reference: http://www.census.gov/epcd/www/naics.html]

C.

The proposed use shall not generate average daily trips exceeding other uses proposed in the zoning district by more than ten percent, as determined by the ITE Manual (see Section 1002 "References"), which document is hereby incorporated by this reference. If the trip generation is not listed in the ITE Manual, the use shall be considered materially similar. The Zoning Administrator may also refer to similar local traffic studies.

(5)

In order to assist in interpretation of the Use Matrix, the LBCS and NAICS numbers precede each use in the Use Matrix. In interpreting the Use Matrix, the following rules of construction shall apply:

A.

If a use is listed for a specific classification, while a more general classification within the same industry classification is also listed for another use, the specific classification governs. The specific use is not permitted in all districts where the uses coded to the general classification are permitted simply because they share a similar LBCS or NAICS code number. The numbers increase as the classifications get more specific.

B.

Some uses are listed separately, but fall within the same LBCS or NAICS classification. The uses within one such classification are not permitted in all of the zoning districts as the others simply because they fall within the same LBCS or NAICS classification.

Table 404-1 Use Matrix

(Supp. No. 1, Ord. No. G-05-13, § 3, 9-15-05; Supp. No. 3, Ord. No. G-06-29, § 1, 9-7-06; Supp. No. 4, Ord. No. G-07-3, § 1, 1-4-07; Supp. No. 5, Ord. No. G-07-22, § 4, 10-18-07; Supp. No. 7, Ord. No. G-08-10, § 4, 6-5-08; Supp. No. 7, Ord. No. G-08-11, § 2, 6-5-08; Ord. No. G-13-08, § 1, 3-7-13; Ord. No. G-14-01, § 1, 2-6-14; Ord. No. G-14-10, § 1, 7-17-14; Ord. No. G-14-27, § 1, 12-18-14; Ord. No. G-16-20, § I, 8-4-16; Ord. No. G-16-27, § I, 11-17-16; G-18-20, § I, 10-4-18; Ord. No. G-18-26, § I, 12-6-18; Ord. No. G-19-31, § II, 10-17-19; Ord. No. G-19-38, § I, 12-5-19; Ord. No. G-20-11, § I, 5-21-20; Ord. No. G-21-15, § II, 8-19-21, effective 10-18-21; Ord. No. G-23-03, § I, 2-2-23; Ord. No. G-25-03, § 1, 3-6-25; Ord. No. G-25-04, § I, 3-20-25)