1. A.
   Use Categories. The Use Categories described in Division 3.2, Use Categories, provide a systemic basis for assigning land uses to appropriate zoning districts and for consistently regulating similar uses in this ZLUO. The land uses listed in each Use Category only indicate how that use is broadly classified and does not indicate the use is permitted.
2. B.
   Use Table. Table 30-24-1, Use Table, denotes which land uses are permitted, limited, conditional, or prohibited in each district in a consolidated table. 
3. C.
   New and Unlisted Uses.

   1. 1.
      Authorization of Unlisted Uses.  Each of the use categories in Division 3.2, Use Categories, and uses listed in Table 30-23-1, Use Table, are defined in Sec. 30-101, Definitions.    If a proposed use is not listed or included as part of a use category or use definition or is not listed in a use table, the Director may interpret the proposed use as functionally similar to a use that is listed. The proposed use is then permitted, permitted with a limited use permit, permitted with a conditional use permit, or prohibited in the same districts as its functionally similar use. If a use permission is not listed in a use table or is unclear, the Director shall make the determination. 
   2. 2.
      Decision Criteria.  In making such determinations, the Director may consider but is not limited to the following criteria:

      1. a.
         Actual or projected characteristics of the activity in relation to those of the use type;
      2. b.
         Amount of site area or floor space and equipment devoted to the activity;
      3. c.
         Vehicle parking demand;
      4. d.
         Average daily and peak hour trip generation (people, personal vehicles, and delivery vehicles);
      5. e.
         Types of vehicles used and their parking requirements;
      6. f.
         Building impervious surface coverage;
      7. g.
         Regulated air or water emissions;
      8. h.
         Noise, lighting, dust, and odors;
      9. i.
         Solid waste generation;
      10. j.
          Number of employees on a typical shift;
      11. k.
          Use and storage of hazardous materials;
      12. l.
          Character of associated buildings and structures;
      13. m.
          How the use is advertised;
      14. n.
          Nature and impacts of operation; and
      15. o.
          Hours of operation.
4. D.
   Prohibited Uses.

   1. 1.
      Prohibited Use List.  The following land uses shall be prohibited and shall not be deemed similar to another use that is permitted under this ZLUO:

      1. a.
         Mobile Homes;
      2. b.
         Any land use that conflicts with any ordinance of the City regulating nuisances. 
   2. 2.
      If not Authorized then Prohibited.  If the Director determines that a proposed use does not fit within a given use category or land use definition and is not functionally the same as a permitted, limited, or conditional use, then the use is prohibited.
5. E.
   Disagreement with Determination. If the applicant disagrees with the Director’s determination regarding the proposed use, the applicant may choose to appeal the determination of the Director to the Board of Adjustment pursuant to Sec. 30-89, Appeals.

1. A.
   Generally. Table 30-24-1, Use Table, lists the applicable land uses in rows, organized by use category. The districts are arranged in columns. Where rows and columns intersect, a letter indicates if the use is a permitted use, limited use, conditional use, or prohibited use in the district.
2. B.
   Legend. The land uses in Table 30-24-1, Use Table,  below, are classified and symbolized by the following:

   1. 1.
      "P" = The use is permitted by right and is not subject to additional use-specific standards;
   2. 2.
      "L" = The use is permitted subject to use standards in Sec. 30-31, Limited Use Standards, and approval of a Limited Use Permit by the Director (See Sec. 30-83, Limited Use Permit);
   3. 3.
      "C" = The use is permitted subject to use standards in Sec. 30-32, Conditional Use Standards, and approval of a Conditional Use Permit by the City Council (See Sec. 30-84, Conditional Use Permit);
   4. 4.
      "D" =  The use is permitted as determined by the Director; and 
   5. 5.
      "--" = The use is prohibited.
3. C.
   Use Specific Standards. The "Use Specific Standards" column provides a reference to associated standards for limited and conditional uses. Where "P" is in the column, there is no associated standard because the use is permitted by right. Other standards, such as design standards in Article IV, Site Development and Design, apply to all uses including uses permitted by right.
4. D.
   Unlisted Use Categories and Uses. A use category or specific land use is prohibited if it is not listed in Table 30-24-1, Use Table, and if the Administrator cannot interpret an unlisted specific use as functionally similar to a use that is allowed, based on the criteria in Sec. 30-23, General Land Use Provisions.

1. A.
   Approach to Categorizing Uses. The Use Categories found in Table 30-21-1, Use Table, are described in this Division. Specific uses may be further defined in 30-101, Definitions. Any proposed use not specifically set forth in this Article is prohibited, unless the Director determines, based on the criteria in 30-23, General Use Provisions, that the proposed use is similar to a permitted, limited, or conditional use.
2. B.
   Basis for Classifications. Use Categories classify land uses based on common functional or physical characteristics. Characteristics include the type and amount of activity, how goods or services are sold or delivered, and likely impact on surrounding properties and site conditions.
3. C.
   Developments with Multiple Primary Uses. Developments with multiple primary uses shall conform to the following provisions:

   1. 1.
      When all primary uses of a development fall within the same Use Category, such as a furniture store, a tailor, and a hair salon, the entire development is assigned to that Use Category; and
   2. 2.
      When the primary uses of a development fall within different Use Categories, each primary use is classified in the applicable Use Category and each use is subject to all applicable regulations for that Use Category. For example, where a use has a limited use standard applied in the use table (such as a minimum site acreage), the standard applies even when that use is part of a development with multiple primary uses that may not be subject to that limitation.
4. D.
   Characteristics. The “Characteristics” portion of each Use Category table in this Division describes the common characteristics of each primary use.
5. E.
   Primary Uses. The "Primary Uses" portion of each Use Category table in this Division lists primary uses common to that Use Category. The names of these sample uses are generic and are based on common meanings, not on what a specific use may call itself. For example, a use that calls itself "Wholesale Warehouse," but sells mostly to retail consumers, is included in the Retail Repair, Sales, and Service category rather than the Wholesale Trade category.
6. F.
   Accessory Uses. Accessory uses are generally allowed by right in conjunction with a primary use. However, specific accessory uses in the Use Category tables are permitted subject to additional standards in 30-34, Accessory Use Standards.

The following tables set forth the primary uses and accessory uses included in each residential use category:

1. A.
   Household Living Use Category. 

2. B.
   Group Living Use Category.

The following tables set forth the primary uses and accessory uses included in each public and civic use category:

1. A.
   Community Facilities Use Category. 

The following tables set forth the primary uses and accessory uses included in each commercial use category:

1. A.
   Automotive Sales and Services Use Category.

The following tables set forth the primary uses and accessory uses included in each industrial use category:

1. A.
   Heavy Industrial Use Category. 

The following tables set forth the primary uses and accessory uses included in each agricultural use category:

1. A.
   Agriculture and Related.

Purpose. The purpose of this Section is to promote compatibility among land uses in the City by establishing specific standards for the establishment of limited uses, which are indicated as such in Table 30-24-1, Use Table. 

1. A.
   Applicability. This Section shall apply only to uses denoted as limited use (L) in Table 30-24-1, Use Table. If the use is permitted by right within a particular zoning district and is a limited use in another zoning district, these standards only apply in the district where the use is limited.  The standards of this Section shall apply at the time a limited use is requested to be:

   1. 1.
      Inside Structure. Established in an existing or new structure;
   2. 2.
      Outdoors. Established outdoors; or
   3. 3.
      Expansion. Expanded by more than 10 percent cumulatively over a period of five years of the existing indoor or outdoor square footage currently devoted to the use.
2. B.
   Permit Required. All limited uses require a Limited Use Permit in compliance with the procedures set out in Sec. 30-83, Limited Use Permit.
3. C.
   Standards for Specific Limited Uses. All limited uses shall comply with all applicable use-specific standards as described in Table 30-31-1, Limited Use Standards.

Purpose. The purpose of this Section is to ensure that uses generally deemed incompatible with permitted uses in a given zoning district can be considered for approval with certain conditions placed on the use as denoted in this Section.

1. A.
   Applicability. This section applies to uses denoted as conditional uses (C) in Table 30-24-1, Use Table. The standards of this Section apply at the time a conditional use is requested to be:

   1. 1.
      Structure. Established in an existing or new structure;
   2. 2.
      Outdoors. Established outdoors; or
   3. 3.
      Expansion. Expanded by more than 10 percent of the existing indoor or outdoor square footage currently devoted to the use.
2. B.
   Permit Required. All conditional uses require a Conditional Use Permit in compliance with the procedures set out in Sec. 30-84, Conditional Use Permit.  
3. C.
   Conditional Approval. The Planning Commission may recommend, and the City Council may require additional conditions beyond the standards of this Section to reasonably mitigate any adverse impacts upon surrounding properties in the zoning district of the property for which the conditional use is requested.
4. D.
   General Standards for All Conditional Uses. The following standards shall apply to all uses denoted in Table, 30-24-1, Use Table, as a conditional use within a district(s):

   1. 1.
      Compatibility. The proposed use is compatible with adjacent existing uses. Compatibility shall be expressed in terms of appearance, architectural scale, and features, site design and scope, landscaping, as well as the control of adverse environmental impacts, including noise and lighting, or other undesirable conditions;
   2. 2.
      Protecting Adjacent Uses. The proposed use incorporates design features to sufficiently protect adjacent uses including but not limited to service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and building placement; 
   3. 3.
      Nuisance. The proposed use does not create a nuisance;
   4. 4.
      Public Services. Adequate public facilities and services (e.g. streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, and police and fire protection) are available without the reduction of services to any existing uses; and
   5. 5.
      Use or Functionality of Surrounding Properties. The proposed conditional use will operate or be designed in a manner that does not diminish the use or functionality of surrounding properties.
5. E.
   Standards for Specific Use Standards. In addition to the general standards for all conditional uses in paragraph D., above, conditional uses may have use-specific standards. Conditional uses shall comply with all applicable use-specific standards as described in Table 30-32-1, Conditional Use Standards.

Purpose. The purpose of this Section is to establish regulations for the siting of towers and antennas on public and private property. The goals of this section are to:

• Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community;
• Encourage the joint use of new and existing tower sites;
• Require users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
• Require users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and
• Enhance the ability of the providers of telecommunication services to provide such services to the community quickly, effectively, and efficiently.

1. A.
   Site and Design Standards. 

   1. 1.
      Location. Towers shall be located a distance at least equal to the height of the tower from any off-site structure.
   2. 2.

      Setbacks. Towers and accessory facilities must satisfy the minimum yard setback requirements for primary structures of the zoning district in which they are located.

   3. 3.
      Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall be equipped with an appropriate anti-climbing device.
   4. 4.
      Aesthetics.

      1. a.
         Towers.

         1. i.
            Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA and FCC, be painted sky blue or gray, so as to reduce visual obtrusiveness.
         2. ii.
            At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and building environment.
      2. b.
         Other. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
2. B.
   Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended.
3. C.
   Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations.

1. A.
   Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the Director notifying the owner of such abandonment. If such antenna or tower is not removed within the 90 days, the Director may cause such antenna or tower to be removed at the owner's expense. If there are two or more uses of a single tower, then this provision shall not become effective until all users cease using the tower.

Purpose. The purpose of this Section is to establish minimum standards for accessory uses and structures to meet the following objectives:  

• Enhance the visual appearance of the built environment within the City;
• Ensure visual compatibility with surrounding properties;
• Ensure maintenance of proper and adequate drainage and public safety;
• Promote economic development by making the community a more desirable place to live, conduct business, and recreate; and
• Advance the general welfare of the community. 

1. A.
   Applicability. This Section shall apply to accessory uses and structures in all districts unless provided for otherwise in this Section.  In addition to these standards, all accessory uses and structures shall comply with applicable regulations for the district in which the use or structure is located unless explicitly exempted.
2. B.
   Associated Principal Uses.  Division 3.2, Use Categories, lists which accessory uses are permitted in conjunction with a principal use.
3. C.
   General Standards for All Accessory Uses and Structures.

   1. 1.
      Subordination. Except for agricultural uses, the accessory use or structure shall be subordinate in size to and serve a principal use or structure. 
   2. 2.
      Same Property. An accessory use or structure shall be located on the same parcel or lot as the principal use or structure. 
   3. 3.
      Timing of Construction. Except for fences and walls (refer to Sec. 30-42, Fences and Wall Standards), no detached accessory structure shall be constructed until the construction of the rafters, or general equivalent, of the principal structure has commenced. 
   4. 4.
      Dimensional Standards. All accessory structures shall comply with the dimensional standards (E.g. lot coverage, height, etc.) of the zoning district within which it is located, as described in Article II, Zoning Districts and Dimensional Standards, unless explicitly stated otherwise in this Section. 
   5. 5.
      Setbacks.

      1. a.
         Front Setback. Except for carports and porte-cocheres, all accessory structures shall be located behind the front façade of the principal structure. In the case of a through lot, the accessory structure shall meet the required setback from the rear street.
      2. b.
         Other Setbacks. Detached accessory structures shall have a minimum side and rear setback of five feet. 
   6. 6.
      Building Code and Building Permits. Accessory structures shall be subject to the City's Building Code, including wind load requirements when applicable, and shall require a building permit before construction.
4. D.
   Refuses and Waste Containers. See Sec. 30-40, General Site and Building Design Provisions. 
5. E.
   Carports and Porte-Cocheres.

   1. 1.
      Anchoring Required. Carports, porte-cocheres, and their support structures shall be firmly anchored to the ground. Temporary or pre-assembled carports or porte-cocheres are prohibited.
   2. 2.
      Drainage. Drainage runoff from the structure shall not create a greater amount of water runoff or drainage than before the structure's construction onto adjacent properties.
   3. 3.
      Dimensions. Carports and porte-cocheres shall not have dimensions greater than 24 feet in length by 20 feet in width;
   4. 4.
      Setbacks. Carports and porte-cocheres may encroach into the front setback and be located in the front or exterior/streetside yards provided the structure is at least five feet from the curb line. All other setbacks shall be at least five feet from the property line.  
6. F.
   Accessory Dwelling Unit.

   1. 1.
      Where Permitted. An accessory dwelling unit (ADU), either attached or detached, is permitted as an accessory to a principal residential structure in all residential zoning districts but is not permitted within a manufactured home park.
   2. 2.
      Maximum Number. Only one ADU shall be permitted per lot. An ADU is not permitted on the same lot as an accessory commercial unit.
   3. 3.
      Lot Area. The lot containing the ADU shall be at least 5,000 square feet.
   4. 4.
      Location. An ADU shall be located to the side or the rear of the principal building, as depicted in Figure 30-34-1, ADU Locations. 
   5. 5.
      Minimum Floor Area. An ADU shall be at least 150 square feet in size.
   6. 6.
      Maximum Floor Area. An ADU shall not exceed 15 percent of the lot area, 50 percent of the square footage of the principal residential structure, or 1,200 square feet of gross floor area, whichever is less.
   7. 7.
      Height. The height of an ADU shall be less than that of the principal building.
   8. 8.
      Address. An ADU shall not share the same address as the principal residential structure and requires additional address nomenclature to distinguish the ADU from the principal residential structure. 
   9. 9.
      Attached ADU. An Attached ADU shall:

      1. a.
         Share utilities including water, sanitary sewer, and electrical with the principal building; and
      2. b.
         Have a separate exterior entrance from that does not add a new doorway or stairway to upper floors on the front of the principal building.
   10. 10.
       Detached ADU. A detached ADU shall be located a minimum of 10 feet away from the principal building.
   11. 11.
       Parking. If an ADU exceeds 900 square feet, one off-street parking space shall be provided.
   12. 12.
       Not Considered an ADU. A manufactured home, mobile home, or recreational vehicle (RV) placed on a lot containing a primary residence is not considered an ADU and shall not be permitted unless otherwise provided for in this ZLUO. 

7. G.
   Home Occupations.

   1. 1.
      Where Permitted. A home occupation is permitted as an accessory use within a primary residential use in all zoning districts.
   2. 2.
      Character. The dwelling shall remain residential in character and any exterior alternations, modifications, or additions that change the residential character shall not be permitted. 
   3. 3.
      Floor Area. The home occupation use shall not exceed 25% of the floor area of the residence. 
   4. 4.
      Business Operations.

      4. d.
         Employees. No person other than the resident(s) of the primary residential use shall be employed in the home occupation, except for childcare home occupation uses. Childcare home occupation uses may employ up to two employees other than resident(s) of the primary residential use. 
      5. e.
         Customers. The home occupation shall not receive customers at the residence except for children being dropped off or picked up from childcare home occupation uses.
   5. 5.
      Outdoor Display and Storage. The home occupation shall not have any outdoor displays of merchandise or outdoor storage related to the home occupation.
   6. 6.
      Parking and Traffic. Except for childcare home occupation uses, a home occupation shall not result in an increase in the number of vehicles parking or traveling to and from the applicable dwelling over that which is customary to a residential use.
   7. 7.
      Nuisances. The home occupation shall not create or cause any perceptible noise, odor, smoke, electrical interference, vibrations, or anything else that constitutes a public or private nuisance to neighboring properties.
8. H.
   Accessory Commercial Units.

   1. 1.
      Where Permitted. An accessory commercial unit (ACU) is permitted as an accessory use/structure to a principal residential structure in the NT zoning district and in the Infill Overlay, but an ACU shall not be located within a manufactured home park.  The ACU shall be contained in a fully enclosed space and may be located within the principal structure along with the primary residential use or within a detached or attached accessory structure and shall be affixed to a permanent foundation.
   2. 2.
      Maximum Number. No more than one ACU shall be established on a lot. An ACU is not permitted on a lot with an accessory dwelling unit. 
   3. 3.
      Character. The exterior facade of an ACU shall be compatible with the residential principal building. 
   4. 4.
      Floor Area. The floor area of the ACU shall not exceed 1,000 square feet or 50% of the size of a principal residential structure, whichever is less.
   5. 5.
      Entrance and Address. A separate entrance to the ACU is permitted but not required, but the ACU shall share the same street address as the residential principal use regardless if it has a separate or shared entrance. 
   6. 6.
      Permitted Uses. The following commercial uses are permitted as an ACU:

      1. a.
         Office;
      2. b.
         Childcare;
      3. c.
         Dance, martial arts, music studio, or comparable use;
      4. d.
         Tutoring center;
      5. e.
         Sports academy, personal fitness training, or comparable uses;
      6. f.
         Personal services, including but not limited to hair salon, barber shop, nail salon, or comparable uses;
      7. g.
         Catering services;
      8. h.
         Production of crafts, artwork, or toys;
      9. i.
         Assembly, design, repair, or testing of computers and small electronic devices, small household appliances, clocks, jewelry, watches, musical instruments, photographic or optical instruments, and watches; and
      10. j.
          Sale of items such as antiques, books, clothing, gifts, and jewelry.
   7. 7.

      Employees. The operator of the ACU shall not employ more than two individuals not living on the premises at any one time.

   8. 8.

      Customers. No more than five customers are permitted on the premises at any one time.

   9. 9.

      Hours of Operation. Hours of operation shall be limited to 7 a.m. to 7 p.m.

   10. 10.

       Outdoor Display or Merchandise. Outdoor displays of merchandise are permitted for an ACU engaged in the sale of goods, provided the display is moved inside the principal or accessory structure during the hours that the ACU is closed for business.

   11. 11.
       Outdoor Storage. The ACU shall not have any outdoor storage related to the ACU.
   12. 12.
       Parking and Commercial Vehicles. Only one vehicle used in connection with the ACU shall be parked or stored on the premises. The vehicle shall not be a bus, truck, van, trailer, or other vehicle over 6,000 lbs., as listed on the vehicle registration form.
   13. 13.
       Outdoor Lighting. Lighting associated with an Accessory Commercial Unit shall be full cutoff. 
   14. 14.
       Nuisances. The ACU shall not create or cause any perceptible noise, odor, smoke, electrical interference, vibrations, or anything else that constitutes a public or private nuisance to neighboring properties.

Figure 30-34-2, Examples of Accessory Commercial Units

Purpose. The purpose of the Section is to ensure that temporary uses or structures do not negatively impact surrounding properties and are discontinued at a set day and time. 

1. A.
   Applicability. The standards of this Section shall apply to all permitted temporary uses and structures in all districts unless explicitly exempted.
2. B.
   Exemptions. The following temporary uses are exempt from provisions of this Section:

   1. 1.
      Garage or Yard Sales. Garage or yard sales on a property with a residential use or that is zoned residential;
   2. 2.
      Entertainment Events. Individual events in athletic stadiums, amphitheaters, playfields, and public parks; and
   3. 3.
      City-Sponsored Events. Events sponsored by the City of Sweetwater, or held within the public rights-of-way or on City-owned property that have received all necessary approvals outside this Ordinance.  
3. C.
   General Standards for All Temporary Uses and Structures.  

   1. 1.
      Number per Parcel.  Only one temporary use permit shall be permitted for a single parcel of land at any given time.
   2. 2.
      Water and Sewer. Temporary uses shall provide sufficient potable water and adequate sewage disposal. 
   3. 3.
      Restroom Facilities. The Director may require adequate public restroom facilities based on the type, duration, and anticipated attendance of the temporary use. 
   4. 4.

      Waste and Litter Control.

      1. a.
         Trash receptacles shall be provided for customers to dispose of food wrappers, food utensils, paper products, cans, bottles, food, and other such waste.
      2. b.
         After the temporary use is finished, the site shall be returned to its condition prior to the temporary use being established, including, but not limited to, removal of all litter and any other facilities related to the use, at no expense to the City.
   5. 5.

      Parking, Access, and Circulation. The temporary use shall:

      1. a.
         Have sufficient on-site parking for the principal and temporary use;
      2. b.
         Have adequate sight distances for safe vehicular ingress and egress;
      3. c.
         Not obstruct vehicular circulation nor access by emergency service providers; and
      4. d.
         Provide safe circulation by:

         1. i.
            Maintaining access to principal uses operating simultaneously with the temporary use; and
         2. ii.
            Minimizing points of conflict between vehicles and pedestrians.
   6. 6.
      Outdoor Lighting.  All light sources shall be directed inward to the site and downward and away from adjacent properties. Lighting shall comply with Division 4.6, Outdoor Lighting.
   7. 7.
      Signs.  Signage for temporary uses shall comply with Section 30-60, Temporary Sign Standards.
   8. 8.
      Other Codes. The temporary use shall meet all other applicable local and State codes.
4. D.
   Temporary Uses and Structures Table.

   1. 1.
      Generally. Table 30-35-1, Temporary Uses and Structures by Districts, denotes which temporary uses are permitted in which zoning district. 
   2. 2.
      New and Unlisted Temporary Uses.  The same means of interpretation apply to new and unlisted temporary uses as apply to new or unlisted permanent uses as described in Division 3.1, General Land Use Provisions.