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 1970, § 38-14; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Classification of uses. In the event of any question as to the appropriate use types of any existing or proposed use or activity, the zoning administrator of the city shall have the authority to determine the appropriate use type. A determination of the zoning administrator may be appealed to the zoning board of adjustment. In making such determinations, the zoning administrator and board of adjustment 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 zoning administrator 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 1970, § 38-15; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Agricultural use types include the planting, cultivating, harvesting, and storage of grains, hay, or plants commonly grown in the city or the county; or the raising and feeding of livestock or poultry.

(1)

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.

(2)

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.

(3)

Animal production. The raising of animals or production of animal products, such as eggs or dairy products, on an agricultural or commercial basis on a site which is also used for crop production or where grazing of natural vegetation is the major feed source, or the raising of animals for recreational or educational use. Typical uses include grazing, ranching, free range dairy farming, and poultry farming.

(4)

Livestock sales. The use of a site for the temporary confinement and exchange or sale of livestock. Typical uses include sales barns.

(Code 1970, § 38-16; Ord. No. 3088, § 2(exh. A), 12-1-2015)

Residential use types include uses providing wholly or primarily non- transient living accommodations. They exclude institutional living arrangements providing 24-hour skilled nursing or medical care, forced residence, or therapeutic settings.

(1)

Single-family residential. The use of a site for one dwelling unit, occupied by one family. Mobile home units, as defined by this section, are not a single-family residential use type.

a.

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

b.

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

(2)

Duplex residential (conversion). The use of a legally-described lot for converting one dwelling unit into two dwelling units, each occupied by one family within a single building, excluding manufactured or mobile home units, but including modular housing units.

(3)

Duplex residential (new). The use of a legally-described lot for two new dwelling units, each occupied by one family within a single building, excluding manufactured or mobile home units, but including modular housing units.

(4)

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.

(5)

Multiple-family residential (conversion). The conversion of a building with one or two dwelling units into a building with three or more dwelling units. Units may be individually owned or rented for not fewer than 30 days.

(6)

Multiple-family residential (new). A new building with three or more dwelling units. Units may be individually owned or rented for not fewer than 30 days.

(7)

Downtown residential. The use of upper levels above street level of a building within the central business district of the city for single- or multiple-family residential uses.

(8)

Group residential. The use of a site for the residence of more than three unrelated persons, not otherwise defined as a family, in which occupants are accommodated in rooms not defined as dwelling units. Group residential uses are limited to facilities that are officially recognized or operated by a college or university, government agency, or nonprofit organization. Typical uses include fraternity or sorority houses and dormitories not incorporated into a college and university use type.

(9)

Boardinghouse. The use of a site for the residence of more than four unrelated persons, not otherwise defined as a family, in which occupants are accommodated in rooms not defined as dwelling units.

(10)

Mobile home park. Use of a site under single ownership for one or more mobile home units. Generally, the land on which mobile homes are placed in a mobile home park is leased from the owner of the facility.

(11)

Retirement residence. A building or group of buildings which provide residential facilities, provided that 75 percent of the residents are at least 60 years of age, or households headed by a householder of at least 60 years of age. A retirement residence may provide a range of residential building types and may also provide support services to residents, including, but not limited to, food service, general health supervision, medication services, housekeeping services, personal services, recreation facilities, and transportation services. The retirement residence may accommodate food preparation in independent units or meal service in one or more common areas. Retirement residences may include additional health care supervision or nursing care.

(12)

Housing opportunity medium density infill. Residential infill development authorized by an administrative process which conforms to an approved prototype site plan established by resolution.

(Code 1970, § 38-17; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3171, § 1, 4-7-2020; Ord. No. 3192, § 2, 4-19-2022)

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

(1)

Administration. 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.

(2)

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

(3)

Clubs. Uses providing meeting, recreational, or social facilities for a private, nonprofit or noncommercial association, primarily for use by members and guests.

a.

Clubs (recreational). Clubs that provide indoor and/or outdoor athletic facilities, with or without social or meeting facilities. Typical uses include country clubs, private or nonprofit community or recreation centers, and private golf courses and driving ranges.

b.

Clubs (social). Clubs that provide primarily social or meeting facilities. Typical uses include private social clubs and fraternal organizations.

(4)

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

(5)

Convalescent services. A use providing bed care and inpatient 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. Typical uses include nursing homes.

(6)

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.

(7)

Day care center (limited). This use type includes all classifications of day care facilities regulated by the state that operate providing care for five or fewer persons. This term includes nursery schools, preschools, day care centers for children or adults, and similar uses but excludes public and private primary and secondary educational facilities.

(8)

Day care center (general). This use type includes all classifications of day care facilities regulated by the state that operate providing care for six or more persons. This term includes nursery schools, preschools, day care centers for children or adults, and similar uses, but excludes public and private primary and secondary educational facilities.

(9)

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

(10)

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

(11)

Family home. A community-based residential home which is licensed as a residential care facility under I.C.A. ch. 135C or as a child foster care facility under I.C.A. ch. 237 to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight persons with a developmental disability or brain injury and any necessary support personnel. The term "family home" also includes elderly group homes licensed under I.C.A. ch. 231B.

(12)

Group care facility. A facility licensed or approved by the state or other appropriate agency, which provides for the care and short- or long-term, continuous multi-day occupancy of more than four unrelated persons who require and receive therapy or counseling on site as part of an organized and therapeutic ongoing program for any of the purposes listed below. Such facilities shall exclude those uses defined as family homes. Group care facilities include facilities which provide for the:

a.

Adaptation to living with, or rehabilitation from, the handicaps of physical disability.

b.

Adaptation to living with, or rehabilitation from, the handicaps of emotional or mental disorder; or of mental retardation if such facility has an overnight occupancy of more than eight persons.

c.

Rehabilitation from the effects of drug or alcohol abuse.

d.

Supervision while under a program alternative to imprisonment, including, but not limited to, pre-release, work-release, and probationary programs.

(13)

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

(14)

Health care. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, or visitors.

(15)

Hospital. A facility providing medical, psychiatric, or surgical service for sick or injured persons primarily on an inpatient basis, including emergency treatment, diagnostic services, training, administration, and services to patients, employees, or visitors.

(16)

Maintenance 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.

(17)

Park and recreation services. Publicly-owned and -operated parks, playgrounds, recreation facilities including publicly-owned community centers and open spaces.

(18)

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

(19)

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

(20)

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

(21)

Religious assembly. A use located in a permanent building and providing regular organized religious worship and religious education incidental thereto (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 property tax code of the state shall constitute prima facie evidence of religious assembly use.

(22)

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

(23)

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

(24)

Utilities. Any above-ground structures or facilities, other than lines, poles, and other incidental facilities, used for the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, energy media, communications, electronic or electromagnetic signals, or other services which are precedent to development and/or use of land.

(Code 1970, § 38-18; Ord. No. 3088, § 2(exh. A), 12-1-2015)

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.

(1)

General offices. Use of a site for business, professional, or administrative offices who may invite clients from both local and regional areas. Typical uses include real estate, insurance, management, travel, or other business offices, organization and association offices, or professional offices.

(2)

Financial services. Provision of financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are provided on site. Typical uses include banks, savings and loan associations, credit unions, savings banks, and loan companies. An automatic teller machine (ATM) that is not accompanied on-site by an office of its primary financial institution is considered within the personal services use type.

(3)

Medical offices. Use of a site for facilities which provides diagnoses and outpatient care on a routine basis, but which does not provide prolonged, in-house medical or surgical care. Medical offices are operated by doctors, dentists, or similar medical practitioners licensed for practice in the state.

(Code 1970, § 38-19; Ord. No. 3088, § 2(exh. A), 12-1-2015)

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

(1)

Adult entertainment businesses.

a.

Any business activity that offers the opportunity to view specified sexual activities or view and touch specified anatomical areas in a manner that lacks serious literary, artistic, political, or scientific value. This category includes the sale or viewing of visual or print materials that meet these criteria if the sale of such material constitutes more than 20 percent of the sales or retail floor area of the establishment. For the purposes of this definition, specified anatomical areas include the following if less than opaquely covered: human genitals, the pubic region, pubic hair, or the female breast below a point immediately above the top of the areola. Specified sexual activities include any of the following conditions:

1.

Human genitals in a state of sexual stimulation or arousal;

2.

Acts or representations of acts of human masturbation, sexual intercourse with humans or animals, oral sex, or flagellation;

3.

Fondling or erotic touching of human genitals, pubic region, buttock, or female breast; or

4.

Excretory functions as part of or in connection with any activities set forth in subsections (1)a.1 through 3 of this section.

b.

Typical uses include retail services or stores which are distinguished by an emphasis on activities or materials that emphasize primarily sexual content in their inventory and marketing practices, businesses which offer live performances characterized by exposure of specified anatomical areas, and adult theaters. Businesses may be classified as adult entertainment businesses without regard to service of alcoholic beverages.

(2)

Agricultural sales and service. Establishments or places of business engaged in sale from the premises of feed, grain, fertilizers, farm equipment, 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, farm implement dealerships, feed and grain stores, and tree service firms.

(3)

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:

a.

Automobile auction lots. Sale of motor vehicles through a process of periodic auctions or bid procedures. Automobile auction lots usually include large on-site storage areas of motor vehicles and lack showrooms, auto repair facilities, and other structures and facilities that are typical of new car dealerships.

b.

Automotive rental and 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.

c.

Auto services. Provision of fuel, lubricants, parts, and accessories, and incidental services to motor vehicles, and washing and cleaning and/or 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 service stations, car washes, 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. No vehicle may be stored more than 30 days. Strictly auto parts sales facilities (no repair services) are included under retail sales.

d.

Body repair. 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.

e.

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. With respect to section 38-872(c), the sale or rental of trucks shall only be applicable. All other land uses under equipment rental and sales are exempt for this provision.

f.

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.

(4)

Banquet hall. Establishments which are rented by individuals or groups to accommodate private functions including, but not limited to, banquets, weddings, anniversaries and other similar celebrations. Such a use may or may not include:

a.

Kitchen facilities for the preparation or catering of food;

b.

The sale of alcoholic beverages for on-premises consumption, only during scheduled events and not open to the general public; and

c.

Outdoor gardens or reception facilities.

(5)

Bed and breakfast. A lodging service that provides overnight or short-term accommodations to guests or visitors, usually including provision of breakfast. Bed and breakfasts are usually located in large residential structures that have been adapted for this use. For the purpose of this definition, bed and breakfasts are always owned and operated by the resident owner or resident manager of the structure, include no more than four units, and accommodate each guest or visitor for no more than 14 consecutive days during any one-month period. Also, food is served only to overnight guests.

(6)

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, hotel equipment and supply firms, messenger and delivery services, custodial or maintenance services, and convenience printing and copying.

(7)

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.

(8)

Campground. Facilities providing camping or parking areas and incidental services for travelers in recreational vehicles or tents, which accommodate each guest or visitor for no more than 14 consecutive days during any one-month period.

(9)

Commercial recreation (controlled impact). Private businesses or other organizations which may or may not be commercial by structure or by nature, which are primarily engaged in the provision or sponsorship of sports, entertainment, or recreation for participants or spectators. Controlled impact commercial recreation uses typically take place entirely within enclosed buildings or, when outdoors, have limited effects related to lighting, hours of operation, or noise. Typical uses include theaters, private dance halls, billiard or bowling centers, game arcades, indoor skating facilities, miniature golf courses, and private golf courses.

(10)

Commercial recreation (high impact). Private businesses or other organizations which may or may not be commercial by structure or by nature, which are primarily engaged in the provision or sponsorship of sports, entertainment, or recreation for participants or spectators. High-impact commercial recreation uses are typically located outdoors and have operating effects caused by lighting, noise, traffic, or hours of operation that create substantial environmental impacts. Typical uses include shooting ranges, lighted driving ranges, go-cart tracks, amusement parks, race tracks, and private baseball complexes.

(11)

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 exclude those classified as utilities. Typical uses include television studios, telecommunication service centers, telegraph service offices, or film and sound recording facilities. Broadcast and communications towers, and their minor ancillary ground structures, are classified as "miscellaneous use types."

(12)

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 sales or tool and equipment rental or sales.

(13)

Consumer services. Establishments that provide services, primarily to individuals and households, but excluding automotive use types. Typical uses include automated banking machines, appliance repair shops, watch or jewelry repair shops, or musical instrument repair shops.

(14)

Convenience storage/mini-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.

(15)

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

a.

Convenience food sales. Establishments occupying facilities of less than 10,000 square feet; and characterized by sales of specialty foods or a limited variety of general items, and the sales of fuel for motor vehicles.

b.

Limited food sales. Establishments occupying facilities of less than 10,000 square feet, and characterized by sales of specialty foods or a limited variety of general items, but excluding the accessory sale of fuel for motor vehicles. Typical uses include delicatessens, meat markets, retail bakeries, candy shops, and small grocery stores.

c.

General food sales. Establishments selling a wide variety of food commodities and related items, using facilities larger than 10,000 square feet. Typical uses include grocery stores and locker plants.

(16)

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, crematoria, or mortuaries.

(17)

Gaming facilities. Establishments engaged in the lawful, on-site operation of games of chance that involve the risk of money for financial gain by patrons. Gaming facilities may include the accessory sale of liquor and food, pursuant to regulations of the city and/or the state.

(18)

Kennels. An establishment licensed to operate a facility housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals is conducted as a business.

(19)

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.

(20)

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.

(21)

Lodging. Lodging services involving the provision of room and/or board, but not meeting the classification criteria of bed and breakfasts. Typical uses include hotels, apartment hotels, and motels.

(22)

Pawn shop. A business that loans money on deposit, pledge of personal property, or other thing of value, or that deals in the purchasing of personal property or other things of value, on condition of selling the same back at a stipulated price, or that receives actual possession of personal property as security for loans with or without a bill of sale. The establishment of a pawn shop in the city jurisdiction is subject to the requirements of chapter 28.

(23)

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

(24)

Personal services. Establishments or places of business primarily engaged in the provision of services of a personal nature. Typical uses include beauty shops and barbershops; seamstress, tailor, or shoe repair shops; photography studios; television or electronics repair; or dry-cleaning stations serving individuals and households. Personal services include establishments providing for the administration of massage or massage therapy carried out by persons licensed by the state when performing massage services as a part of the profession or trade for which licensed or persons performing massage services under the direction of a person so licensed, or persons performing massage services or therapy pursuant to the written direction of a licensed physician.

(25)

Pet services. Retail sales, incidental pet health services, and grooming and boarding, when totally within a building, of dogs, cats, birds, fish, and similar small animals customarily used as household pets. 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.

(26)

RV (recreation vehicle) storage. Establishments that include the storage and/or display of boats, campers, and motorized recreational vehicles for the purpose of rental or sale.

(27)

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.

(28)

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.

a.

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

b.

Restaurant (general). An establishment characterized by table service to customers and/or accommodation to walk-in clientele, as opposed to drive-in or fast food restaurants. Typical uses include cafes, coffee shops, and restaurants.

(29)

Retail services. 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, photograph services, and household electronic equipment; records; sporting equipment; kitchen utensils; home furnishing and appliances; art supplies and framing and arts and antiques; paint and wallpaper, hardware, carpeting, and floor covering; interior decorating services; and office supplies; mail order or catalog sales; bicycles; and automotive parts and accessories (excluding service and installation). General retail services include:

a.

Limited retail services. Establishments providing retail services, occupying facilities of 10,000 square feet or less. Typical establishments provide for specialty retailing or retailing oriented to the city and its surrounding vicinity.

b.

Large retail services. Establishments providing retail services, occupying facilities between 10,001 and 40,000 square feet in a single establishment or multi-tenant facility. Typical establishments provide for specialty retailing or general retailing oriented to the city and its surrounding vicinity.

c.

Mass retail services. Establishments providing retail services, occupying facilities over 40,000 square feet in a single establishment or multi-tenant facility. Typical establishments provide for general retailing oriented to the city and the surrounding region.

(30)

Stables and/or riding academies. The buildings, pens, and pasture areas used for the boarding and feeding of horses, llamas, or other equine not owned by the occupants of the premises. This use includes instruction in riding, jumping, and showing or the riding of horses/equine for hire.

(31)

Surplus sales. Businesses engaged in the sale, including sale by auction, of used items or new items which are primarily composed of factory surplus or discontinued items. Surplus sales uses sometimes include regular outdoor display of merchandise. Typical uses include flea markets, auction houses, factory outlets, or merchandise liquidators.

(32)

Taverns. 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.

(33)

Tearooms. Establishments where tea and light refreshments are served.

(34)

Trade services. Establishments or places of business primarily engaged in the provision of services that are not retail or primarily dedicated to walk-in clientele. These services often involve services to construction or building trades and may involve a small amount of screened, outdoor storage in appropriate zoning districts. Typical uses include shops or operating bases for plumbers, electricians, or HVAC (heating, ventilating, and air conditioning) contractors.

(35)

Travel centers. Facilities that provide for the sale of fuel, provisions, and supplies to motorists, including operators of over-the-road trucks, in which less than 30 percent of the total site area is devoted to the servicing, accommodation, parking, or storage of over-the-road trucks. The calculation of these areas includes, but is not limited to, fuel islands for diesel fuel, truck washing facilities, truck parking areas, and associated maneuvering areas. Travel centers include a mix of uses, including food sales, general retail services, auto and equipment services, and restaurants, and are typically located along or near interstate highways or other principal state and federal designated highway routes. See also convenience food sales.

(36)

Truck stops. Facilities that provide for the sale of fuel, provisions, and supplies to motorists, including operators of over-the-road trucks, in which 30 percent or more of the total site area is devoted to the servicing, accommodation, parking, or storage of over-the-road trucks. The calculation of these areas includes, but is not limited to, fuel islands for diesel fuel, truck washing facilities, truck parking areas, and associated maneuvering areas. Travel centers include a mix of uses, including food sales, general retail services, auto and equipment services, and restaurants, and are typically located along or near interstate highways or other principal state and federal designated highway routes. See also convenience food sales.

(37)

Vehicle storage (short-term). Short-term storage of operating or non-operating vehicles for a period of no more than 30 days. Typical uses include storage of private parking tow-a-ways or impound yards, but exclude dismantling or salvage. Long-term storage beyond 30 days constitutes an industrial use type.

(38)

Veterinary services (general). Veterinary services and hospitals for small animals. Typical uses include pet clinics, dog and cat hospitals, and pet cemeteries and crematoria.

(39)

Veterinary services (large animal). Veterinary services and hospitals for large animals such as cows, bulls, horses, and other livestock. Typical uses include veterinary hospitals for livestock and large animals.

(Code 1970, § 38-20; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3154, § 1, 5-7-2019; Ord. No. 3167, § 1, 12-3-2019)

(a)

Off-street parking. Parking use types include surface parking of motor vehicles on a temporary basis within a privately- or publicly-owned off-street parking facility.

(b)

Parking structure. The use of a site for a multilevel building which provides for the parking of motor vehicles on a temporary basis, other than as an accessory to a principal use on the same site.

(Code 1970, § 38-21; Ord. No. 3088, § 2(exh. A), 12-1-2015)

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

(1)

Agricultural industry. Establishments which include the storage, manufacture, sale, or distribution of agricultural supplies or products that create major external effects, including substantial truck or rail traffic and/or significant potential for hazard. Typical uses include grain elevators and storage of agricultural chemicals, such as anhydrous ammonia. Agricultural industries do not include retailers of farm equipment or other, generally non-hazardous agricultural supplies.

(2)

Construction yards. Establishments housing the facilities of 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.

(3)

Custom manufacturing.

a.

Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving:

1.

The use of hand tools; and/or

2.

The use of mechanical equipment not exceeding ten horsepower.

b.

This category also includes the direct sale to consumers of goods produced on site, as well as goods incidental to on-site production or ancillary to said production. Typical uses include ceramic studios, custom jewelry manufacturing, custom woodworking, and similar limited custom manufacturing production.

(4)

Salvage yard. Any place not fully enclosed in a building, which is used in whole or in part for the storage or deposit of junk encompassing either:

a.

An area of 200 square feet or more; or

b.

One or more inoperable motor vehicles, or used parts and materials thereof, which taken together equal the bulk of one or more motor vehicles.

(5)

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.

(6)

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, but often including outdoor storage of materials or products.

(7)

Heavy industry. Enterprises involved in the basic processing and manufacturing of products, predominately 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.

(8)

Recycling collection. Any site which is used in whole or part for the receiving or collection of any post-consumer, non-durable goods, including, but not limited to, glass, plastic, paper, cardboard, aluminum, tin, or other recyclable commodities.

(9)

Recycling processing. Any site which is used for the processing of any post-consumer, non-durable goods, including, but not limited to, glass, plastic, paper, cardboard, aluminum, tin, or other recyclable commodities.

(10)

Resource extraction. A use involving on-site extraction of surface or subsurface mineral products or natural resources, excluding site grading for a specific construction project or preparation of a site for subsequent development. Typical uses are quarries, borrow pits, sand and gravel operations, mining, and removal of dirt for off-site use.

(11)

Vehicle storage (long-term). Long-term storage of operating or non-operating vehicles for a period exceeding 30 days. Typical uses include storage of private parking tow-a-ways or impound yards but exclude dismantling or salvage. Long-term storage of 30 days or less constitutes a commercial use type.

(12)

Warehousing (office records). The storage of office paper records in file boxes.

(13)

Warehousing (enclosed). Uses including storage, distribution, and handling of goods and materials within enclosed structures. Typical uses include wholesale distributors, storage warehouses, and van and storage companies.

(14)

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

(Code 1970, § 38-22; Ord. No. 3088, § 2(exh. A), 12-1-2015; Ord. No. 3150, § 3, 1-22-2019)

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.

(1)

Aviation (general). Airports, including take-off and 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. Typical uses include private or municipal airports.

(2)

Aviation (private). Take-off or landing strips or fields within a parcel generally put to other uses, and primarily used for the convenience of the owner of the parcel. Typical uses include private airstrips within a large property.

(3)

Railroad facility. Fixed railroad facilities, including switching yards, equipment servicing facilities, and freight terminal facilities, but not including normal right-of-way.

(4)

Transportation terminal. Facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express, including bus terminals, railroad stations, and public transit facilities.

(5)

Truck terminal. Facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck.

(Code 1970, § 38-23; Ord. No. 3088, § 2(exh. A), 12-1-2015)

(a)

Alternative energy production devices. The use of a site for the production of energy-utilizing methods that do not involve the oxidation, combustion, or fission of primary materials. Typical uses include solar collector fields, geothermal energy installations, or water-powered mills or generating facilities.

(b)

Amateur radio tower. A structure for the transmission or broadcasting of electromagnetic signals by FCC-licensed amateur radio operators.

(c)

Communications tower. A structure for the transmission or broadcasting of radio, television, radar, or microwaves, ordinarily exceeding the maximum height permitted in its zoning district. Typical uses include broadcasting towers and cellular communications towers.

(d)

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

(e)

Landfill A (non-putrescible 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.

(f)

Landfill B (putrescible and non-putrescible 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 and/or the state. Typical disposal material would include non-putrescible wastes, and putrescible wastes such as vegetation, tree parts, agricultural wastes (garbage), and manure.

(g)

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

(Code 1970, § 38-24; Ord. No. 3088, § 2(exh. A), 12-1-2015)