(a)

When used in connection with a particular use in the table of permissible uses, the letter "Z" means that the use is permissible in the indicated zone with a zoning permit issued by the zoning administrator. The letter "S" means a special use permit must be obtained from the board of adjustment.

(b)

Subject to section 15-148, the use of the designation "Z, S" means that a zoning permit must be obtained if the development is located on a lot of two acres or less, while a special use permit must be obtained for developments in excess of two acres.

(c)

When used in connection with multifamily residences (use classification 1.300), the designation "Z, S" means that such developments of less than five dwelling units must be pursuant to a zoning permit and developments of five or more dwelling units need a special use permit.

(d)

Subject to section 15-148, use of the designation "Z, S" means that a zoning permit must be obtained if the development is located on a lot of (i) two acres or less in the C-1, C-2, C-3, C-4, C-5, or C-5A zones, or (ii) two acres or less in all other zones, while a special use permit must be obtained for all developments on lots in excess of these limits.

(Ord. No. 16-047, § 51, 9-13-16)

Editor's note— Ord. No. 16-047, § 51, adopted September 13, 2016, amended § 15-147 to read as set out herein. Previously § 15-147 was titled "Use of the designations Z, S, C in table of permissible uses."

Editor's note— Ord. No. 16-047, § 52, adopted September 13, 2016, repealed § 15-148 in its entirety. Former § 15-148 pertained to "Board of adjustment jurisdiction over uses otherwise permissible with a zoning permit," and was derived from Original Code.

(a)

The presumption established by this ordinance is that all legitimate uses of land are permissible within at least one zoning district in 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 may be interpreted broadly to include other uses that have similar impacts to the listed uses in terms of traffic volume generation, emphasis on vehicular or walk-in trade, number of employees, and nature of business operations.

(b)

All uses that are not listed in the table of permissible uses and that do not have impacts that are similar to those of the listed uses are prohibited. Nor shall the table of permissible uses 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 other zoning districts.

(c)

Without limiting the generality of the foregoing provisions, 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 fire prevention code adopted by reference in chapter 30 of the city Code.

(2)

Stockyards, slaughterhouses, rendering plants.

(3)

Use of a travel trailer or recreational vehicle as a residence, temporary or permanent.

(4)

The use of any motor vehicle (as defined in chapter 70 of the city Code), parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any service is performed, or other business is conducted (as defined in chapter 14 of the city Code), except that the following shall not be prohibited solely by this subsection:

(a)

Retail sales of food products and goods manufactured, created, or produced by the seller; and

(b)

Sale of food products on property by persons authorized by or acting on behalf of the city.

(a)

The table of permissible uses (section 15-146) classifies different principal uses according to their different impacts. Whenever two activities or uses occur on the same lot and one use (i) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or (ii) is commonly associated with the principal use and integrally related to it, then that use which meets the criteria enumerated in (i) and (ii) may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use, provided that the accessory use is of equal or lesser zoning classification. 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 special use permit (use classification 6.210).

(b)

For purposes of interpreting subsection (a):

(1)

A use may 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 means that the association of the accessory use with such principal use takes place with sufficient frequency to establish a common acceptance of their relatedness.

(c)

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

(1)

Hobbies or recreational activities of a noncommercial nature; except that the repair of automobiles owned by persons who do not reside on the premises, is prohibited.

(2)

The renting out of one room within a single-family residence (which one room does not in itself constitute a separate dwelling unit) to not more than one person who is not part of the family that resides in the single-family dwelling.

(3)

Yard sales or garage sales, so long as such sales are not conducted on the same lot for more than three days (whether consecutive or not) during any 90-day period.

(d)

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

(1)

Parking outside a substantially enclosed structure of more than four motor vehicles between the front building line of the principal building and the street on any lot used for purposes that fall within the following principal use classifications: 1.100, 1.200, 1.420, or 1.430.

(2)

Parking and storage outside a substantially enclosed structure of any motor home boat or other recreational vehicle between the front building line of the principal building and the street on which the lot fronts. The prohibited vehicles include trailers and commercial vehicles. As used herein, the term "commercial vehicles" does not include pick-up trucks.

(Ord. No. 1999-1, §§ 1, 2, 3-15-99)

Notwithstanding any other provisions of this ordinance, no zoning or special use permit is necessary for the following uses (except when located in overlay districts where certain design guidelines must be met):

(1)

Streets and street signs;

(2)

Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way;

(3)

Neighborhood utility facilities may be located within public right-of-way with the permission of the owner (state or city) of the right-of-way.

(Ord. No. 16-047, § 53, 9-13-16)

(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:

(1)

The change involves a change from one principal use category to another.

(2)

If the original use is a combination use (27.000) or planned unit development (28.000), the relative proportion of space devoted to the individual principal uses that comprise the combination use or planned unit development use changes to such an extent that the parking requirements for the overall use are altered.

(3)

If the original use is a combination use or planned unit development use, the mixture of types of individual principal uses that comprise the combination use or planned unit development use changes.

(4)

If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), that business or enterprise moves out, and a different type of enterprise moves in, and is found under the same principal use or combination use category as the previous type of business. For example, if there is only one building on a lot and a florist shop that is the sole tenant of the building moves out and is replaced by a clothing store, that constitutes a change in use even though both tenants fall within principal use classification 2.110. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center—combination use) has not changed.

(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 without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 180 continuous days or there has been no affirmative attempt or expressed intention on the part of the property owner to rent, sell, or use the property.

(c)

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

The 2.000 and 3.000 classifications in the table of permissible uses are written in very broad terms. However, it is the intention of this ordinance that uses described in those classifications are permissible in an area zoned C-3 only when the particular use is in accordance with the objectives of the C-3 zoning district set forth in section 15-137.

(a)

When a combination use comprises two or more principal uses that require different types of permits (zoning or special use), at least one of which required a special use permit, then the permit authorizing the combination use shall be a special use permit.

(b)

Subject to subsection (c), when a combination use consists of a residential subdivision (use classification 1.700) and a multifamily development (1.300), the total density permissible on the lot shall be determined by having the developer indicate on the plans the portion of the total lot that will be developed for each purpose and calculating the density for each portion as if it were a separate lot.

(c)

Notwithstanding subsection 15-182(b) [15-181(b)], whenever (i) a combination use consists of a standard residential subdivision (use classification 1.700) and a multifamily development (1.300), and (ii) the subdivided portion of the tract contains lots that exceed the minimum lot size requirements set forth in section 15-181, but that do not exceed an average of 20,000 square feet, then the density of the portion of the tract developed for multifamily purposes may be increased beyond the permissible density calculated in accordance with subsection (b). The increase in density shall be determined as follows:

(1)

The minimum lot size requirement for the applicable zoning district shall be subtracted from each lot that exceeds the minimum lot size, and the remainders totaled.

(2)

The sum derived from the calculation in subdivision (1) shall be divided by the minimum lot size requirement. Fractions shall be rounded to the nearest whole number.

(3)

The product of the calculation in subsection (2) shall yield the number of additional multifamily dwelling units that may be located within the portion of the tract developed for multifamily purposes.

(d)

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

(e)

When two principal uses are combined, the total amount of parking required for the combination use shall be determined by calculating the amount of parking required for each individual principal use according to the relative amount of space occupied by that use.

(Ord. No. 16-047, § 54, 9-13-16)

Editor's note— Ord. No. 16-047, § 55, adopted September 13, 2016, repealed § 15-155 in its entirety. Former § 15-155 pertained to "Planned unit developments," and was derived from Original Code.

Whenever a development could fall within more than one use classification in the table of permissible uses (section 15-146), the classification that most closely and most specifically describes the development controls. For example, a small doctor's office or clinic clearly falls within the 3.110 classification (office and service operations conducted entirely indoors and designed to attract customers or clients to the premises). However, classification 3.130 (physicians and dentist offices and clinics occupying not more than 10,000 square feet of gross floor area) more specifically covers this use and therefore is controlling.