10-12-03: LAND USE SCHEDULE:
   (1)   Table 10-12-1 of this section lists the permitted (P) and special (S) uses allowed within the city center district, as well as listing specific prohibited uses (--). Uses that are listed as P/S are permitted uses, provided the use complies with all of the specific use standards as listed in section 10-12-04, "Use Standards", of this article, but shall require special use permit approval if the proposed use does not meet all of the standards as listed in section 10-12-04 of this article.
   (2)   If a proposed use of property is not specifically listed in table 10-12-1, "Allowed Uses", of this section, the use shall be prohibited unless the planning and zoning director, upon the request of an applicant, determines that a proposed use not listed in table 10-12-1, "Allowed Uses", of this section, is equivalent to a listed permitted or special use. In making the determination, the director shall consider the following:
      A.   The impacts on public services and activities associated with the proposed use are substantially similar to those of one or more of the uses listed as permitted or special use;
      B.   The proposed use shall not involve a higher level of activity or density than one or more of the uses listed as permitted or special use;
      C.   The proposed use is consistent with all the purposes of the city center district;
      D.   The proposed use is in substantial conformance with goals and objectives of the comprehensive plan related to downtown; and
      E.   The proposed use is not similar to a use that is specifically listed as prohibited.
      F.   If the planning and zoning director determines that the proposed use is similar to a listed special use, then special use permit approval shall be received through the public hearing process as noted in section 10-03-04 of this chapter.
If the Planning and Zoning Director denies an application for such a requested use, the applicant shall have the right, within the period of ten (10) days from the date of such disapproval, to appeal to the City Council and the decision of the City Council shall be final.
TABLE 10-12-1
ALLOWED USES
Use
Use
Agriculture, general
--
Amusement centers
S
Animal care facility
--
Artist studio
P/S
Arts, entertainment or recreation facility
P
Auction
S
Bail bond use
S
Bed and breakfast
P
Building material, garden equipment and supplies
--
Cemetery
--
Church or place of religious worship
P
Civic, social or fraternal organizations
P
Conference center
S
Contractor's yard
--
Crematorium
--
Dance hall/night club
--
Daycare facility - daycare center
S
Daycare facility - family/group daycare home
P
Drinking establishment - no live entertainment
S
Drive-through establishment
S
Dwelling, four-, five- or six-family
P
Dwelling, multi-family
P
Dwelling, secondary1
S
Dwelling, single-family attached1
S
Dwelling, single-family detached1
S
Dwelling, single-family detached, existing construction
P
Dwelling, three-family triplex
P
Dwelling, townhouse
P
Dwelling, two-family duplex1
S
Educational services
P
Entertainment establishment, adult
--
Equipment rental, sales, and service
--
Event center
S
Farmers' market
P
Financial institution
P
Food products storage and processing
S
Funeral home
P
Healthcare or social services (inside CBD)
S2
Healthcare or social services (outside CBD)
P
Home occupation
P
Hospital
P
Hotel and motel
P
Industry, craftsman
P/S
Industry, heavy
--
Industry, information
P/S
Industry, light
--
Laundromat
P
Laundry and dry cleaning
S
Liquor store
S
Manufactured home developments
--
Microbrewery
P
Mixed use
P
Mobile food unit
P
Nursery
--
Nursing or residential care facility
P
Office - business, professional (inside CBD)
S2
Office - business, professional (outside CBD)
P
Parking facility
S
Parks, public and private
P
Pawnshops
--
Payday loan and title loan establishments
--
Personal or professional service
P
Public or quasi-public use
P
Recreation equipment rental, sales and service
P
Recreational vehicle park
--
Restaurant
P
Retail store
P
Sanitary landfill
--
Secondhand/thrift store
S
Service station
S
Sidewalk sale
P
Storage facility, outside
--
Storage facility, self-service
--
Temporary use
--
Terminal, freight or truck
--
Tobacco shop
S
Transit stations
S
Vehicle impound yard
--
Vehicle repair, major
--
Vehicle repair, minor
--
Vehicle sales or rental and service
--
Vehicle washing facility
S
Vehicle wrecking or junk yard
--
Vineyard
P
Warehouse and storage
S
Wholesale sales
S
Winery/brewery
P
Winetasting establishment
P
Wireless communication facility
--
 
   Notes:
      1.      See subsection 10-02-08(4) of this chapter.
      2.      Permitted use above the first floor.
(Ord. 2571, 12-19-2005; Ord. 2743, 5-19-2008; Ord. 2805, 11-2-2009; Ord. 2939, 10-21-2013; Ord. 2946, 12-16-2013; Ord. 2967, 7-21-2014; Ord. 2982, 2-2-2015; Ord. 3010, 11-16-2015; Ord. 3065, 9-19-2016; Ord. 3090, 4-17-2017; Ord. 3102, 9-5-2017; Ord. 3156, 7-16-2018; Ord. 3222, 7-1-2019)