5.2.1 General

1. The use categories found in the use table in Sec. 5.1, Use Table, are set forth in this section. Specific uses may be further defined in Article 17, Definitions.

a. If a use is not specifically set forth in the use category in this section the Planning Director, or designee, shall determine if the use is similar to a specific use in accordance with this section. Where such similar specific use is subject to limited use standards or special use permit approval, the proposed use shall also be subject to such standards or approval.

b. If the Planning Director, or designee, cannot determine a similar specific use, then the Planning Director shall determine the most appropriate use group of the six use groups identified in this section and paragraph 5.1.2, Use Table, (agricultural, residential, public and civic, commercial, office, or industrial) to apply the unspecified use.

(1) The same criteria in paragraph 5.2.1C, Use Not Specifically Listed, shall be used except for criteria #14.

(2) The unspecified use is allowed with approval of a minor special use permit pursuant to Sec. 3.9, Special Use Permit, in any zoning district where a specific use within that use group is permitted with a “P”.

Use categories classify land uses and activities based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions. The use categories provide a systematic basis for assigning land uses to appropriate zoning districts.

Determination of the appropriate use group and similar specific use shall be made by the Planning Director, or designee, in accordance with the criteria below. The following use information may be supplemented using NAICS codes as promulgated from time-to-time by the U.S. Census Bureau. The criteria below shall be used to determine both the appropriate group and category for a use not specifically listed in the use table or the examples in the use category descriptions, and whether a use is considered principal or accessory.

1. The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;

2. The relative amount of site area or floor space and equipment devoted to the activity;

3. Relative amounts of sales from each activity;

4. The customer type for each activity;

5. The relative number of employees in each activity;

6. Hours of operation;

7. Building and site arrangement;

8. Types of vehicles used and their parking requirements;

9. The relative number of vehicle trips generated;

10. Signs;

11. How the use is advertised;

12. The anticipated impact on surrounding properties;

13. Whether the activity is likely to be found independent of the other activities on the site; and

14. When considering appropriate districts for a use not listed in the use table, the district intent statements in Article 4, Zoning Districts, shall be taken into consideration.

Developments with multiple principal uses shall conform to the following:

1. When all principal uses of a development fall within one Use Category, the entire development shall be assigned to that Use Category;

2. When the principal uses of a development fall within different Use Categories, each principal use shall be classified in the applicable Use Category and each use shall be subject to all applicable regulations for that Use Category.

1. The “Principal Uses” portion of each use category lists principal 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.

Commentary: A use that calls itself “Wholesale Warehouse,” but sells mostly to retail consumers, is included in the Retail Sales and Service category rather than the Wholesale Trade category.

2. Facilities proposed in support of a principal use, including, but not limited to, parking, access, and stormwater facilities, shall be considered part of the principal use and, unless otherwise authorized within this Ordinance, comply with the same zoning permissibility for the principal use per Sec. 5.1, Use Table. Connections to public utilities shall be excluded from this requirement.

Commentary: Parking for a school, for example, must be located within a zoning district that would allow for the school. If the zoning district had limited use standards and/or required a special use permit, the proposed parking must also comply with those requirements.

Accessory uses are allowed by right in conjunction with a principal use unless otherwise stated elsewhere in these regulations. Some listed accessory uses can also be considered accessory structures. No accessory use shall be established on a site without a principal use.

The “Uses Not Included” portion provides cross-references to uses that may appear to be part of a particular category, but that are explicitly handled in a different use category.