The schedule of uses permitted or permissible in each zoning district should be read in close conjunction with the terms set forth in Section 17-14 and the other interpretive provisions set forth in this Article.

(a)

The presumption established by this chapter is that most legitimate uses of land are permissible within at least one zoning district in the city. The list of permissible uses, therefore, cannot be all inclusive. Those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to those listed. Any dispute or request regarding interpretation shall be resolved by the L.P.A., subject to appeal to the city council.

(b)

Without limiting the generality of the foregoing provision, the following uses are specifically prohibited in all districts:

(1)

Any use that involves the manufacture, handling, sale, distribution or storage of any highly combustible or explosive materials in violation of the city's fire prevention code.

(2)

Stockyards, slaughterhouses, rendering plants.

(3)

Use of a travel trailer as a temporary or permanent residence.

(4)

Use of a motor vehicle parked on a lot as a structure in which, out of which or from which any goods are sold or stored, any services are performed or other business conducted without special permission of the city council.

(5)

Bars or cocktail lounges offering alcoholic beverages for consumption on the premises that are. not incidental to or within a portion of a building used for a bona-fide restaurant seating not less than 45 patrons.

(6)

Adult entertainment establishments.

(a)

The various zoning districts categorize different principal uses according to their impacts. Whenever an activity is conducted in conjunction with another principal use and the former use:

(1)

Constitutes only any incidental or insubstantial part of the total activity that takes place on a lot; or

(2)

Is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on under the permit issued for the principal use.

(3)

For example, a swimming pool and tennis court complex is customarily associated with and integrally related to a residential subdivision or multi-family development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a special exception permit.

(b)

Without limiting the generality of subsection (a), the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts:

(1)

Storage outside of a substantially enclosed structure of any motor vehicle that is neither licensed nor operational.

(2)

Parking outside a substantially enclosed structure of any boat, trailer, motor home or more than three vehicles between the front building line of the principal building and the street on any lot used for residential purposes.

(c)

Walls and fences. All fences and walls shall be constructed in compliance with applicable building codes and according to the following dimensional and use regulations:

(1)

Types of fences and walls prohibited.

a.

No barbed wire, razor wire or similar materials shall be allowed on developed residential sites. Temporary security fencing meeting commercial standards may be allowed for construction sites in residential zones.

b.

Barbed wire is prohibited in commercial and industrial zones except when installed at eight feet height or greater.

(2)

Design and maintenance.

a.

All fences shall be maintained in their original upright conditions.

b.

Fences and walls designed for painting or similar surface finish shall be painted or so finished maintained in their original condition as designed.

c.

Missing boards, pickets, or posts shall be replaced in a timely manner with material of the same type and quality.

d.

Fences or walls having a side with exposed or irregular, structural components and a more finished, uniform and aesthetically attractive side shall be constructed so that the more finished, uniform and aesthetically attractive side faces outward from the fenced property toward the adjoining property.

(3)

See Sections 17-117 and 17-118(c).

(a)

A substantial change in use of property occurs whenever the essential character or nature of the business activity conducted on a lot changes. This occurs when, without the expansion or change of a building or permitted outdoor storage area, the following changes take place:

(1)

The original use was approved as a planned unit development and the relative proportion of space devoted to the individual principal uses that compromise the planned unit development changes to such an extent that the parking requirements for the planned unit development are altered.

(2)

The proposed use is a permitted use within the applicable zoning district and additional parking would be required under the application of the parking requirements of Section 17-193(e) to support the proposed use over the prior use of the portion of the building occupied by the intended use;

(3)

The proposed use is a use by exception that will require approval by the land planning agency prior to being permitted on the property;

(4)

When a change in use occurs, a site plan shall be required to be submitted to the city for review. The site plan shall be reviewed for any nonconforming situations as well as any code enforcement violations. Where a nonconforming situation exists, Section 17-93 shall apply. The site plan shall identify the following improvements on a scaled drawing at a scale of one inch equals 30 or larger:

a.

Buildings located on the parcel;

b.

Landscaping located on the parcel;

c.

Driveways and parking located on the parcel;

d.

Permanent signage located on the parcel; and

e.

All other improvements identified by city staff as necessary to complete a plans review,

(b)

A change in a property between unoccupied and occupied status does not necessarily constitute a change in use. Whether a change in use occurs shall be determined by comparing the active uses of the property without regard to any intervening period, unless the property has remained unoccupied for more than 180 consecutive days.

(c)

A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

(d)

The operation of a hot dog cart pursuant to an approved use by exception and a valid city business license in the commercial general zoning district shall not constitute a change in use.

(Ord. No. 2013-530, § 6, 6-3-13; Ord. No. 2013-535, § 1, 11-4-13)