The table of permissible uses should be read in close conjunction with article XIV of this chapter, the other interpretative provisions of this article, and the provisions of article IV of this chapter.

(Code 1991, § 31-31)

Subject to section 44-53, when used in connection with a particular use in the table of permissible uses, the term "UP" means that the use is permissible in the indicated zoning district; the term "SE" means a special exception permit shall be obtained from the city board of zoning appeals after a properly advertised public hearing; the term "JPC" means that a public project review must be obtained from the city planning commission; and an empty box means that the use is not permissible in the indicated zone. The numbers in parentheses (i.e., (1)) indicate footnotes to the table. These footnotes reference sections or articles which contain conditions the use shall meet before it is allowed to locate on a site.

(Code 1991, § 31-32)

(a)

The presumption established by this chapter is that all legitimate uses of land are permissible within at least one zoning district within the city's planning jurisdiction. Therefore, because the list of permissible uses set forth in the table of permissible uses cannot be all-inclusive, those uses that are listed shall be interpreted liberally to include other uses that have impacts similar to the listed uses.

(b)

All uses that are not listed in the table of permissible uses and that do not have impacts similar to those of the listed uses are prohibited. The table of permissible uses shall not be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in another zoning district.

(c)

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

(1)

Use of a motor vehicle (other than a travel trailer) as a temporary or permanent residence;

(2)

Use of a travel trailer as a temporary or permanent residence outside of a campground, and/or use of a travel trailer as a residence within a manufactured home park.

(3)

The use of any motor vehicle or trailer parked on a lot, as a structure in which, out of which, or from which any goods are sold or stored, any services performed, or other business is conducted, except that the following shall not be prohibited by this subsection: retail sales of goods and products manufactured, created, or produced by the seller, so long as such sales are otherwise permissible under this chapter; the sale of goods within authorized flea markets or special events; or use of a motor vehicle in connection with a recycling operation, to the extent otherwise authorized under this chapter. Situations that do not comply with this subsection on the effective date of the ordinance from which this chapter is derived are required to conform within 30 days thereafter. See article IX of this chapter.

(4)

It shall be unlawful for any person or owner to acquire and/or keep any domestic farm animals, livestock, fowl or the like within the city limits. A list of such animals which shall not be allowed within the city limits shall include, but not be limited to, chickens, cows, ducks, geese, goats, guineas, horses, mules, swine, turkeys or the like. This restriction shall not apply to parcels of land which contain at least five acres of land.

(5)

It shall be unlawful for any person or owner to acquire and/or keep exotic animals within the city limits. A list of such animals which shall not be allowed within the city limits shall include, but not be limited to, alligators, bears, large snakes, lions, tigers, etc. This restriction shall apply to all parcels of land within the city limits regardless of its size.

(Code 1991, § 31-33)

(a)

The table of permissible uses classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or is commonly associated with the principal use and integrally related to it, then the former use shall be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multifamily 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 permit.

(b)

For purposes of interpreting subsection (a) of this section:

(1)

A use shall be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use;

(2)

To be commonly associated with a principal use, it is not necessary for an accessory use to be connected with such principal use more often than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relationship.

(c)

Without limiting the generality of subsections (a) and (b) of this section, the following activities are specifically regarded as accessory to residential principal uses so long as they satisfy the general criteria set forth above:

(1)

Home occupations to be regarded as having no significantly adverse impact on the surrounding neighborhood. The use shall not display goods, stock in trade, or other commodities outside a fully enclosed structure, conduct on-premises retail sales of goods not produced on site, employ more than one person that is not a resident on the premises in connection with the purported home occupation, create objectionable noise, fumes, odor, dust, or electrical interference, use more than 25 percent of the total gross floor area of the primary residential structure or more than 1,000 square feet of gross floor area (whichever is less), for home occupation purposes, and must use only vehicles used primarily as passenger vehicles in connection with the home occupation. A home occupation shall not be conducted in any accessory structure and it shall clearly be incidental to the residential use of the site which shall be considered the principle use of the site. No sign shall be permitted, except one nonilluminated nameplate not more than two square feet in area mounted flat against the wall of the principal building in which the occupation is conducted.

(2)

Hobbies or recreational activities of a noncommercial nature.

(3)

Satellite (dish) antennae so long as any dish antenna is less than ten feet in diameter and shall not be located in any front yard.

(Code 1991, § 31-34)

(a)

Number of accessory buildings. In the residential district, no more than two accessory buildings shall be permitted per lot.

(b)

Location of accessory buildings. In residentially zoned areas, accessory buildings shall be located only within buildable areas or within rear yards subject to the requirements of section 44-195.

(c)

Lot coverage. The total square footage at all accessory buildings on a lot in a residential area shall not exceed 25 percent of the gross total enclosed heated square footage of the existing single-family dwelling.

(d)

Setback requirements. See section 44-195 for setback requirements.

(Code 1991, § 31-35)

Notwithstanding any other provisions of this chapter, no zoning or special exception permit is necessary for the following uses:

(1)

Electric power, telephone (excluding wireless communication towers), telegraph, cable television, gas, water and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way or public easement.

(2)

Neighborhood utility facilities located within a public right-of-way with the permission of the owner (state or town) of the right-of-way.

(Code 1991, § 31-36)

(a)

A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever the change involves a change from one principal use category to another.

(b)

A mere change in the status of property from unoccupied to occupied or vice versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property.

(c)

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

(Code 1991, § 31-37)

(a)

When a combination use is comprised of two or more principal uses that require different types of permits (zoning, special exception), then the permit authorizing the combination use shall be:

(1)

A special exception permit if any of the principal uses combined requires a special exception permit;

(2)

A zoning permit in all other cases.

(b)

When a residential use is combined with a nonresidential use in a business district, the lot must have at least the minimum square footage required for the residential use alone.

(c)

When two principal uses are combined, the total amount of parking required for the combination use shall be determined by cumulating the amount of parking required for each individual principal use.

(Code 1991, § 31-38)

A mobile storage structure shall not be placed upon any premises in residential districts or properties used for residential purposes for more than 30 days and shall be subject to accessory building regulations set forth in article V of this chapter, except that such structures may be used for related purposes during periods of construction and renovations, periods of natural disaster or periods of civil unrest. For the purpose of this section, a mobile storage structure shall be deemed to be any structure designed to be pulled or carried by a motorized vehicle to transport materials over the highways.

(Code 1991, § 31-39)

Adult establishments, as defined in article XIV of this chapter, shall not be located within the city limits. Adult establishments include, but are not limited to, adult arcades, adult bookstores, adult cabarets, adult motels, adult motion picture theaters, adult theaters, adult video stores, escort services, escort motels, sexual encounter centers, as herein defined, and any other establishment which contains activities characterized by the performance, depiction, or description of specified anatomical areas or specified sexual activities.

(Code 1991, § 31-40)

A modular building may be placed on a single lot in any business zoned district, provided such structure is designed and constructed to comply with the state and local codes regarding modular building and is permanently affixed to a foundation wall enclosing the entire perimeter of the structure and supporting the load-bearing framework of the structure. Such modular building shall have its wheels, axles, transportation lights and towing apparatus removed to prevent the structure from being moved from time to time at the convenience of the owner.

(Code 1991, § 31-41)

All areas used for storing used equipment, vehicles, etc., shall be located only in that portion of a lot which is outside any required setback requirements and no closer to any adjacent property line or street than any portion of the principal building. These areas shall be screened from the public view. The screening shall be a continual visual screen not less than six feet in height. The screen shall be a wall, fence or compact evergreen hedge or other type of evergreen foliage, or a combination of fence and evergreen shrubbery.

(Code 1991, § 31-42)