This article shall be known as the use types. The purpose of the use types is to establish a classification system for land uses and a consistent set of terms defining uses permitted or conditionally permitted within various zoning districts. The use types section also provides a procedure for determining the applicable use type of any activity not clearly within any defined use type.

(Code 1980, § 55-41)

(a)

Authority of planning director. In the event of any question as to the appropriate use type of any existing or proposed use or activity, the planning director shall have the authority to determine the appropriate use type. A determination of the planning director may be appealed to the zoning board of appeals. In making such determinations, the planning director shall consider the operational and physical characteristics of the use in question and shall consider such characteristics or specific requirements of the use in common with those included as examples of use types. Those examples, when included in use type descriptions, are intended to be illustrative, as opposed to exclusive, lists.

(b)

Records. The planning director shall make all such determinations of appropriate use types in writing. The record of the determination shall contain a report explaining the reasons for the determination.

(Code 1980, § 55-42)

Residential use types include uses providing wholly or primarily nontransient living accommodations. They exclude institutional living arrangements or forced residence.

(a)

Single-family residential: The use of a site for one dwelling unit, occupied by one family, excluding a mobile home unit.

(1)

Single-family residential (detached): A single-family residential use in which one dwelling unit is located on one lot, with no physical or structural connection to any other dwelling unit.

(2)

Single-family residential (attached): A single-family residential use in which one dwelling unit is located on one lot and is attached by a common vertical wall to only one other adjacent dwelling unit.

(b)

Duplex residential: The use of a site for two dwelling units, each occupied by one family within a single building, excluding a mobile home unit.

(c)

Two-family residential: The use of a site for two dwelling units, each occupied by one family, each in a separate building, excluding a mobile home unit.

(d)

Townhouse residential: The use of a site for three or more attached dwelling units, each occupied by one family and separated by vertical side walls extending from foundation through roof without openings. Each townhouse unit must have at least two exposed exterior walls.

(e)

Multiple-family residential: The use of a site for three or more dwelling units within one or more buildings.

(f)

Large group living: A dwelling unit housing, on a weekly or longer basis, more than eight unrelated persons, not defined as a family.

(g)

Mobile home residential: Use of a site for one or more mobile home units.

(h)

Assisted living: A multi-family residential use characterized by common design features including both on- and off-site accessibility (Nebraska Accessibility Guidelines); kitchenettes and/or central dining facilities; service, activity and recreation space; access to medical or nursing support; and, convenient availability of transportation and community support services. Assisted living uses can consist of one, all or a combination of the following components:

(1)

Independent housing: A residential use reserved for actively mobile older people which include design features making them fully accessible;

(2)

Semi-independent housing: A residential use with special support services such as central dining, transportation services, and limited medical or nursing support;

(3)

Dependent living: A residential use including life-care facilities, nursing homes and skilled care facilities for persons needing a wide range of health related services and personal nursing care.

(i)

Live-work residential: The use of a dwelling unit for both residential and work-related purposes, provided that the work space is integrated into the dwelling unit and is principally used by one or more of the residents of the dwelling unit.

(j)

Accessory residential: The use of a site that is principally in single-family use for an additional dwelling unit that is subject to supplemental area, dimensional and use standards.

(k)

Small group living: The two use subtypes of small group living are as defined below; a reference in this Code to the use type "small group living" without specifying the subtype shall include either of the following use subtypes:

(1)

Small group living (disabled): A dwelling unit housing, on a weekly or longer basis, at least four but no more than eight unrelated persons with a handicap, not including resident managers or house parents, and not defined as a family.

(2)

Small group living (nondisabled): A dwelling unit housing, on a weekly or longer basis, at least four but no more than eight unrelated persons, not including resident managers or house parents, not defined as a family, and not qualifying as small group living (disabled).

(Code 1980, § 55-43; Ord. No. 34178, § 1, 5-6-97; Ord. No. 37810, § 21, 8-14-07; Ord. No. 38198, § 1, 7-29-08; Ord. No. 39371, § 1, 6-26-12)

ADD FIGURE page 4017

ADD FIGURE page 4018

Office use types include uses providing for administration, professional services, and allied activities. These uses often invite public clientele but are more limited in external effects than commercial uses.

(a)

General offices: Use of a site for business, professional or administrative offices, excluding medical offices. General offices are characterized by a low proportion of vehicle trips attributable to visitors or clients in relation to employees. Typical uses include real estate, insurance, management, travel or other business offices; organization and association offices; or law, architectural, engineering, accounting or other professional offices.

(b)

Medical offices: Use of a site for facilities which provide diagnoses and outpatient care on a routine basis, but which are unable to provide prolonged in-house medical or surgical care. Medical offices are operated by doctors, dentists or similar practitioners licensed for practice by the state. Medical offices are characterized by a high proportion of vehicle trips attributable to visitors or clients in relation to employees.

(c)

Financial services: Provision of financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are provided on the site. Typical uses include banks, savings and loan associations, savings banks, and loan companies.

(Code 1980, § 55-44)

Commercial uses include the sale, rental, service and distribution of goods; and the provision of services other than those classified under other use types.

(a)

Agricultural sales and service: Establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, pesticides and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include nurseries, hay, feed and grain stores, and tree service firms.

(b)

Automotive and equipment services: Establishments or places of business primarily engaged in sale and/or service of automobiles, trucks or heavy equipment. The following are considered automotive and equipment use types:

(1)

Automotive washing: Washing and cleaning of automobiles and related light equipment. Typical uses include auto laundries or car washes.

(2)

Service station: Provision of fuel, lubricants, parts and accessories, and incidental services to motor vehicles.

(3)

Automotive rentals: Rental of automobiles, noncommercial trucks, trailers, and recreational vehicles, including incidental parking and servicing of vehicles available for rent or lease. Typical uses include auto rental agencies, trailer rental agencies, and taxicab parking and dispatching.

(4)

Automotive sales: Sale or rental of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles or boats, including incidental storage, maintenance and servicing. Typical uses include new and used car dealerships; motorcycle dealerships; and boat, trailer and recreational vehicle dealerships.

(5)

Equipment rental and sales: Sale or rental of trucks, tractors, construction equipment, agricultural implements, mobile homes, and similar heavy equipment, including incidental storage, maintenance and servicing. Typical uses include truck dealerships, construction equipment dealerships, and mobile home sales establishments.

(6)

Automotive repair services: Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, and similar repair and service activities, but exclude dismantling, salvage, or body and fender repair services.

(7)

Equipment repair services: Repair of trucks, tractors, construction equipment, agricultural implements, and similar heavy equipment. Typical uses include truck repair garages, tractor and farm implement repair services, and machine shops, but exclude dismantling, salvage, or body and fender repair services.

(8)

Vehicle storage: Long-term storage of operating or nonoperating vehicles. Typical uses include storage of private parking tow-aways or impound yards, but exclude dismantling or salvage.

(9)

Body and fender repair services: Repair, painting or refinishing of the body, fender or frame of automobiles, trucks, motorcycles, motor homes, recreational vehicles, boats, tractors, construction equipment, agricultural implements, and similar vehicles or equipment. Typical uses include body and fender shops, painting shops, and other similar repair or refinishing garages.

(c)

Building maintenance services: Establishments primarily engaged in the provision of maintenance and custodial services to businesses and individuals. Typical uses include janitorial, landscape maintenance, or window cleaning services.

(d)

Business support services: Establishments or places of business primarily engaged in the sale, rental or repair of equipment, supplies and materials or the provision of services used by office, professional and service establishments to the firms, themselves but excluding automotive, construction and farm equipment. Typical uses include office equipment and supply firms, small business machine repair shops, or hotel equipment and supply firms, photography studios, and convenience printing and copying.

(e)

Business or trade schools: A use providing education or training in business, commerce, language or other similar activity or occupational pursuit, and not otherwise defined as a home occupation, college or university, or public or private educational facility.

(f)

Campground: Facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents.

(g)

Cocktail lounge: A use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, cocktail lounges, and similar uses other than a restaurant as that term is defined in this section.

(h)

Commercial recreation: Private businesses or organizations, which may or may not be commercial in nature, primarily engaged in the provision of sports, entertainment, or recreation for participants or spectators. The following are commercial recreation use types:

(1)

Indoor sports and recreation: Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, billiard parlors, ice and roller skating rinks, mechanical and electronic amusement galleries, indoor racquetball, swimming, and/or tennis facilities.

(2)

Outdoor sports and recreation: Predominantly participant uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf courses, commercial golf courses, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, and motorized model airplane flying facilities.

(3)

Indoor entertainment: Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, meeting halls, and dance halls.

(4)

Outdoor entertainment: Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include sports arenas, racing facilities and amusement parks.

(i)

Communications services: Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms, but excludes those classified as major utility facilities. Typical uses include television studios, telecommunication service centers, telegraph service offices, or film and sound recording facilities.

(j)

Construction sales and services: Establishments or places of business primarily engaged in the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures and hardware. This use type excludes those uses classified under automotive and equipment services. Typical uses include building materials stores, or tool and equipment rental or sales.

(k)

Consumer convenience services: Establishments which provide services, primarily to individuals, of a convenient and limited nature, often in access-controlled facilities which make 24-hour operation possible. Typical uses include the renting of private postal and safety deposit boxes to individuals and automated banking machines.

(l)

Consumer repair services: Establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment services use types. Typical uses include appliance repair shops, watch or jewelry repair shops, or musical instrument repair shops.

(m)

Convenience storage: Storage services primarily for personal effects and household goods within enclosed storage areas having individual access, but excluding use of such areas as workshops, hobby shops, manufacturing, or commercial activity. Typical uses include mini-warehousing.

(n)

Exterminating services: Services related to the eradication and control of rodents, insects and other pests, with incidental enclosed storage.

(o)

Food sales: Establishments or places of business primarily engaged in the retail sale of food or household products for home consumption. Typical uses include groceries, delicatessens, meat markets, retail bakeries, and candy shops.

(1)

Limited food sales: Establishments occupying facilities of 10,000 square feet or less, operating fewer than 14 hours per day, and characterized by sales of specialty foods or a limited variety of general items. Typical uses include delicatessens, meat markets, retail bakeries, candy shops, and small grocery stores.

(2)

General food sales: Establishments selling a wide variety of commodities, using facilities larger than 10,000 square feet. Typical uses include supermarkets.

(3)

Convenience food sales: A food sales establishment occupying facilities of 10,000 square feet or less and operating in excess of 14 hours per day. Typical uses include convenience grocery stores.

(p)

Funeral services: Establishments engaged in undertaking services such as preparing the human dead for burial, and arranging and managing funerals. Typical uses include funeral homes or mortuaries.

(q)

General retail sales: Sale or rental with incidental service of commonly used goods and merchandise for personal or household use, but excludes those classified more specifically by these use type classifications. Typical uses include department stores, apparel stores, furniture stores, or establishments providing the following products or services: household cleaning and maintenance products; drugs, cards, stationery, notions, books, tobacco products, cosmetics, and specialty items; flowers, plants, hobby materials, toys, and handcrafted items; apparel, jewelry, fabrics and like items; cameras, photography services, household electronic equipment, records, sporting equipment, kitchen utensils, home furnishing and appliances, art supplies and framing, arts and antiques, paint and wallpaper, hardware, carpeting and floor covering; interior decorating services; office supplies; mail order or catalog sales; bicycles; and automotive parts and accessories (excluding service and installation).

(r)

Lodging services:

(1)

Hotels and motels: Short term, transient housing, with an on-site manager, involving the provision of rooms, with or without meal service on site.

(2)

Bed and breakfast inns: A residence, either owner occupied or with an on-site manager, which provides short term, transient housing with not less than two guest rooms for lodging and limited meals for overnight guests.

(s)

Kennels: Boarding and care services for dogs, cats and similar small animals or any premises on which four or more dogs over four months of age are kept and maintained, not exclusively indoors. Typical uses include boarding kennels, pet motels, or dog training centers.

(t)

Laundry services: Establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services.

(u)

Liquor sales: Establishments or places of business engaged in retail sale for off-premises consumption of alcoholic beverages. Typical uses include liquor stores, bottle shops, or any licensed sales of liquor, beer or wine for off-site consumption.

(v)

Pawnshop services: A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property.

(w)

Personal improvement services: Establishments primarily engaged in the provision of informational, instructional, personal improvement and similar services of a nonprofessional nature. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, and handicraft and hobby instruction.

(x)

Personal services: Establishments or places of business primarily engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty shops and barbershops; seamstress, tailor, or shoe repair shops; photography studios; or dry cleaning stations serving individuals and households.

(y)

Pet services: Retail sales, incidental pet health services, and grooming and boarding, of dogs, cats, birds, fish, and similar small animals customarily used as household pets, when performed totally within a building and with no observable external effects. Typical uses include pet stores, small animal clinics, dog bathing and clipping salons, and pet grooming shops, but exclude uses for livestock and large animals.

(z)

Research services: Establishments primarily engaged in research of an industrial or scientific nature. Typical uses include electronics research laboratories, space research and development firms, testing laboratories, or pharmaceutical research labs.

(aa)

Restaurants: A use engaged in the preparation and retail sale of food and beverages, including the sale of alcoholic beverages when conducted as a secondary feature of the use, producing less than 50 percent of the establishment's gross income.

(1)

Restaurant (drive-in or fast-food): An establishment which principally supplies food and beverages in disposable containers and is characterized by high automobile accessibility and on-site accommodation, self-service, and short stays by customers.

(2)

Restaurant (limited): An establishment housed in a space no more than 3,000 square feet and characterized by table service to customers and/or accommodation to walk-in clientele. Typical uses include cafes, coffee shops and small restaurants.

(3)

Restaurant (general): An establishment housed in a space over 3,000 square feet and characterized by table service to customers. Typical uses include large restaurants.

(bb)

Surplus sales: Businesses engaged in the sale of used or new items, involving regular, periodic outdoor display of merchandise for sale. Typical uses include flea markets and factory outlets or discount businesses with outdoor display.

(cc)

Stables: Boarding, breeding or raising of horses not owned by the occupants of the premises or riding of horses by other than the occupants of the premises or their nonpaying guests. Typical uses include boarding stables or public stables.

(dd)

Veterinary services: Veterinary services and hospitals for animals. Typical uses include pet clinics, dog and cat hospitals, pet cemeteries, and veterinary hospitals for livestock and large animals.

(Code 1980, § 55-45; Ord. No. 34179, § 1, 5-6-97; Ord. No. 37095, § 2, 7-26-05; Ord. No. 37682, § 3, 4-3-07)

Civic use types include the performance of utility, educational, recreational, cultural, medical, protective, governmental, and other uses which are strongly vested with public or social importance.

(a)

Administrative services. Governmental offices providing administrative, clerical or public contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles. Typical uses include federal, state, county and city offices.

(b)

Cemetery. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

(c)

Club (membership). A use providing meeting, recreational or social facilities for a private nonprofit or noncommercial association, primarily for use by members and guests.

(1)

Social clubs. A club providing social or meeting facilities. Typical uses include private social clubs and fraternal organizations.

(2)

Recreational clubs. A club providing indoor and/or outdoor athletic facilities, with or without social facilities. Typical uses include country clubs and nonprofit recreation or community centers.

(d)

College and university facilities. An educational institution of higher learning which offers a course of study designed to culminate in the issuance of a degree certified by a generally recognized accrediting organization.

(e)

Community recreation. A recreational facility for use by residents and guests of a particular residential development, planned unit development, church, private primary or secondary educational facility, or limited residential neighborhood, including both indoor and outdoor facilities. These facilities must be located within or adjacent to such development.

(f)

Convalescent services. A use providing bed care and in-patient services for persons requiring regular medical attention, but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease or communicable disease.

(g)

Cultural services. A library, museum or similar registered nonprofit organizational use displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts and sciences.

(h)

Day care services (limited). The use of a structure or portion thereof, which is licensed by the state, for the care of ten or fewer individuals during any portion of a day, unless otherwise restricted.

(i)

Day care services (general). The use of a structure or portion thereof, which is licensed by the state for the care of 11 or more individuals during any portion of a day, unless otherwise restricted.

(j)

Detention facilities. A publicly operated use providing housing and care for individuals legally confined, designed to isolate those individuals from a surrounding community.

(k)

Emergency residential care. A facility or use of a dwelling to provide a protective sanctuary for victims of crime or abuse, including emergency housing during crisis intervention for victims of rape, child abuse, or physical beatings.

(l)

Transitional living. A facility licensed or approved by the state or other appropriate agency, which provides for the care and short- or long-term overnight occupancy of more than three unrelated persons any of whom require supervision while under a program alternative to imprisonment, including but not limited to pre-release, work-release, and probationary programs.

(m)

Guidance services. A use providing counseling, guidance, recuperative or similar services to persons requiring rehabilitation assistance as a result of mental illness, alcoholism, drug addiction or a similar condition on a daytime care basis.

(n)

Hospital services (general). A facility providing medical, psychiatric or surgical service for sick or injured persons primarily on an in-patient basis and including ancillary facilities for out-patient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees or visitors.

(o)

Hospital services (limited). A facility providing medical, psychiatric or surgical service for sick or injured persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, training, administration and services to out-patients, employees or visitors.

(p)

Local utility services. Services which are necessary to support principal development and involve only minor structures such as lines and poles, minor substations and other small facilities which are necessary to support principal development.

(q)

Maintenance and service facilities. A public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment service centers, and similar uses having characteristics of commercial services or contracting or industrial activities.

(r)

Major utility facilities. Generating plants, electrical switching facilities and primary substations, refuse collection or disposal facilities, water and wastewater treatment plants, and similar facilities.

(s)

Military installation. Military facilities of the federal or state government.

(t)

Noncommercial day shelters. A facility which provides, free of charge, drop-in daytime care, recreation, food service, and/or minor medical services for at least nine transient or homeless persons. Typical uses include soup kitchens, urban missions, free clinics, and emergency temporary day shelters.

(u)

Park and recreation services. Publicly owned and operated parks, playgrounds, recreation facilities and open spaces.

(v)

Postal facilities. Postal services, including post offices, bulk mail processing or sorting centers operated by the United States Postal Service.

(w)

Primary educational facilities. A public, private or parochial school offering instruction at the elementary school level in the branches of learning and study required to be taught in the public schools of the state.

(x)

Public assembly. Facilities owned and operated by a public agency or a charitable nonprofit organization accommodating major public assembly for recreation, sports, amusement or entertainment purposes. Typical uses include civic or community auditoriums, sports stadiums, convention facilities, fairgrounds, and incidental sales and exhibition facilities.

(y)

Religious assembly. A use located in a permanent building and providing regular organized religious worship and religious education incidental thereto, but excluding private primary or private secondary educational facilities, community recreational facilities, day care facilities and incidental parking facilities. A property tax exemption obtained pursuant to the state property tax code shall constitute prima facie evidence of religious assembly use.

(z)

Safety services. Facilities for conduct of public safety and emergency services, including police and fire protection services and emergency medical and ambulance services.

(aa)

Secondary educational facilities. A public, private or parochial school offering instruction at the junior and senior high school levels in the branches of learning and study required to be taught in the public schools of the state.

(Code 1980, § 55-46; Ord. No. 38198, § 2, 7-29-08; Ord. No. 38846, § 1, 10-26-10; Ord. No. 38959, § 1, 3-15-11)

Parking use types include parking of motor vehicles on a temporary basis within a privately or publicly owned off-street parking facility, other than accessory to a principal use.

(a)

Surface parking: The use of a site for one or more parking spaces, together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features, and meeting the requirements established by this chapter.

(b)

Parking structure: The use of a site for a building which provides one or more parking spaces, together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas and similar features, and meeting the requirements established by this chapter.

(Code 1980, § 55-47)

Transportation use types include the use of land for the purpose of providing facilities supporting the movement of passengers and freight from one point to another.

(a)

Aviation facilities: Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.

(b)

Railroad facilities: Railroad yards, equipment servicing facilities, and terminal facilities.

(c)

Dock facilities: Loading and interchange facilities from land-based to water-based freight or passenger carrying modes.

(d)

Transportation terminal: A facility for loading, unloading and interchange of passengers, baggage and incidental freight or package express between modes of ground transportation, including bus terminals, railroad stations and public transit facilities.

(e)

Truck terminal: A facility for the receipt, transfer, short-term storage, and dispatching of goods transported by truck.

(Code 1980, § 55-48)

Industrial use types include the on-site extraction or production of goods by nonagricultural methods, and the storage and distribution of products.

(a)

Custom manufacturing: Establishments primarily engaged in the onsite production of goods by hand manufacturing, within enclosed structures, involving:

(1)

The use of hand tools; or

(2)

The use of domestic mechanical equipment not exceeding two horsepower; or

(3)

A single kiln not exceeding eight KW.

This category also includes the incidental direct sale to consumers of only those goods produced on the site. Typical uses include ceramic studios, custom jewelry manufacturing, and candle making shops.

(b)

Light industry: Establishments engaged in the manufacture or processing of finished products from previously prepared materials, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales and distribution. These establishments are characterized by having no major external environmental effects across property lines and include no unscreened or unenclosed outdoor storage. Typical uses include commercial bakeries, dressed beef processing plants, soft drink bottling, apparel assembly from fabrics, electronics, manufacturing, print shops and publishing houses.

(c)

General industry: Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products from prepared materials or from raw materials without noticeable noise, odor, vibration or air pollution effects across property lines.

(d)

Heavy industry: Enterprises involved in the basic processing and manufacturing of products, predominantly from raw materials, with noticeable noise, odor, vibration or air pollution effects across property lines; or a use or process engaged in the storage of or processes involving potentially or actually hazardous, explosive, flammable, radioactive or other commonly recognized hazardous materials.

(e)

Resource extraction: A use involving on-site extraction of surface or subsurface mineral products or natural resources, including dirt. Typical uses are quarries, borrow pits, sand and gravel operations, and mining.

(f)

Scrap and salvage services: Places of business primarily engaged in the storage, sale, dismantling or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include automotive wrecking or salvage yards, junkyards, or paper salvage yards.

(g)

Stockyards: Uses involving temporary keeping of livestock for slaughter, market or shipping. Typical uses are stockyards, and animal auction yards.

(h)

Warehousing and distribution (limited): Uses including storage, warehousing and dispatching of goods within enclosed structures. Typical uses include wholesale distributors, storage warehouses, and moving/storage firms.

(i)

Warehousing and distribution (general): Uses including open air storage, distribution, and handling of goods and materials. Typical uses include monument yards, grain elevators, and open storage.

(j)

Construction yards: Establishments housing facilities or businesses primarily engaged in construction activities, including incidental storage of materials and equipment on lots other than construction sites. Typical uses are building contractor's yards.

(k)

Meat packing and related industries: The processing of meat products and by-products directly from live animals or offal from live animals.

(Code 1980, § 55-49; Ord. No. 44245, § 1, 4-22-25)

Agricultural use types include the on-site production of plant and animal products by agricultural methods.

(a)

Horticulture: The growing of horticultural and floricultural specialties, such as flowers, shrubs or trees intended for ornamental or landscaping purposes. This definition may include accessory retail sales under certain conditions. Typical uses include wholesale plant nurseries and greenhouses.

(b)

Crop production: The raising and harvesting of tree crops, row crops or field crops on an agricultural or commercial basis. This definition may include accessory retail sales under certain conditions.

(c)

Animal production: The raising of animals or production of animal products, such as eggs or dairy products, on an agricultural or commercial basis. Typical uses include grazing, ranching, dairy farming and poultry farming.

(d)

Commercial feedlots: Use of a site of more than 15,000 square feet where the principal business is the feeding of livestock and poultry.

(e)

Urban agriculture: The raising and harvesting of crops on property or within a building that, prior to the adoption of this section, was not zoned for agricultural use. Home gardens are an accessory use and are not considered urban agriculture.

1.

Community garden: The raising and harvesting of crops on a site by multiple individuals not a family, as defined by section 55-19. A majority of the crops produced must be consumed by the individuals or families producing the crops. This may be an accessory use or a principal use on an otherwise vacant site. Crops may be grown outdoors or in temporary agricultural structures.

2.

Urban garden: The raising and harvesting of crops on a residentially zoned site that meets the following criteria:

a.

On a vacant site crops may be grown outdoors or within temporary agricultural structures for off-site sale, personal use or donation.

b.

On a site with a principal use that is residential, crops may be grown outdoors, within temporary agricultural structures or permanent agricultural structures totaling up to ten percent of the site area for off-site sale or donation.

3.

Urban farm: The raising and harvesting of crops on a residentially zoned site that meets the following criteria:

a.

On a vacant site, in addition to the operations allowed in subsection 55-50(e)2.a., crops may also be grown in permanent agricultural structures and/or for on-site sale.

b.

On a site with a principal use that is residential, in addition to the operations allowed in subsection 55-50(e)2.b., crops may also be grown in permanent agricultural structures totaling over ten percent of the site area and/or on-site sale.

4.

Commercial farm: The raising and harvesting of crops on a site zoned for commercial, office, industrial or mixed use. Crops may be grown for personal consumption, sale, or donation. This may be either a principal or an accessory use. Crops may be grown outdoors, in temporary and permanent agricultural structures or as part of a building integrated agricultural system.

(Code 1980, § 55-50; Ord. No. 43400, § 1, 5-2-23)

Miscellaneous use types include the following:

(a)

Broadcasting tower: A structure for the transmission or broadcasting of radio, television, radar or microwaves, ordinarily exceeding the maximum height permitted in its zoning district. Radio towers not exceeding 50 feet in height are excluded from this definition.

(b)

Construction batch plant: A temporary demountable facility used for the manufacturing of concrete, asphalt or other paving materials intended for specific construction projects.

(c)

Wind energy conservation system (WECS): Any device which converts wind energy to a form of usable energy, including wind charges, windmills or wind turbines.

(d)

Landfill (nonputrescible solid waste disposal): The use of a site as a depository for solid wastes that do not readily undergo chemical or biological breakdown under conditions normally associated with land disposal operations. Typical disposal material would include ashes, concrete, paving wastes, rock, brick, lumber, roofing materials and ceramic tile.

(e)

Landfill (putrescible and nonputrescible solid waste disposal): The use of a site as a depository for any solid waste except hazardous and toxic waste as defined by the Federal Environmental Protection Agency. Typical material would include non putrescible wastes and vegetation, tree parts, agricultural wastes (garbage) and manure.

(Code 1980, § 55-51)