§ 155.208.020 ALLOWED LAND USES.

   (A)   General. Table 208-1 identifies allowed land uses and required permits in the mixed-use zoning districts.

Table 208-1: Allowed Land Uses in the Mixed-Use Zoning Districts
P = Permitted Use M = Minor Use Permit Required C = Conditional Use Permit Required - = Prohibited
Land Use	Zoning District								Additional Standards
	Downtown DT	Downtown West DW	Service Commercial SC	Henderson Center HC	Neighborhood Commercial NC	Wabash Avenue WA	Office Residential OR	Hospital Medical HM
Residential									155.208.040
Accessory dwelling unit (ADU)	P [1]	P [1]	P [1]	P [1]	P [1]	P [1]	P [1]	P [1]	155.316
Medical care housing	C [2]	C [2]	C	C [2]	C	C	C	C
Micro/shared housing	C [2]	C [2]	C	C [2]	C	C	C	C
Multi-family dwellings	P [2]	P [2]	P	P[2]	P	P	P	C	155.304.100
Non-medical care housing, large	P [2]	P [2]	P	C [2]	P	P	P	C
Non-medical care housing, small	P [2]	P [2]	P	P [2]	P	P	P	P
Single-family attached home (townhome)	P [3]	P [3]	P	P [3]	P	P	P	C
Single-family detached home, new	-	-	-	-	-	-	-	-
Single-family detached home, existing [8]	P	P	P	P	P	P	P	P
Commercial - Sales
Bars and nightclubs	P	P	P	M	C	C	-	-
Drive-thru facility, food-serving [4]	-	C	P	-	-	-	-	-
Drive-thru facility, non-food servin g [4]	C	M	P	C	-	-	-	C
Fuel and service stations	-	M	P	-	-	-	-	-
General retail - indoor, very large	-	C	C	-	-	-	-	-
General retail - indoor, large	C	C	P	-	-	-	-	-
General retail - indoor, small	P	P	P	P	P	P	C	M [5]
General retail -outdoor [4]	C [6]	C	P	P [6]	C	C	-	-
Heavy equipment sales and service	-	C	M	-	-	-	-	-
Mobile vendors	P	P	P	P	P	P	P	P	155.304.090
Restaurants, cafés and beverage sales	P	P	P	P	P	P	C	M [5]
Vehicle sales and rental (indoor)	P	P	P	-	-	-	-	-
Commercial - Service and Office
Business services and heavy commercial	-	P	P	-	-	-	-	-
Car share facility	P	P	P	P	P	P	P	P
Check cashing	C	C	C	-	-	-	-	-
Commercial lodging	P	P	P	P	P	P	C	C [5]
Day care facility	P	P	P	P	P	P	P	P
Family day care home, large [4]	P	P	P	M	C	C	C	P	155.304.060
Family day care home, small [4]	P	P	P	P	P	P	P	P	155.304.060
Fitness, dance or health facility, large	P	P	P	-	-	-	-	-
Fitness, dance or health facility, small	P	P	P	P	P	P	C	C [5]
General services	P	P	P	P	M	M	C	-
Hospitals	-	-	-	-	-	-	-	P
Kennel-animal boarding	-	C	M	-	-	-	-	-
Medical offices and clinics	P	P	P	P	P	P	P	P
Offices	P	P	P	P	P	P	P	-
Outdoor commercial recreation	C	M	P	M	M	M	-	-
Parking lots and structures	C	M	M	C	C	C	C	M [5]
Personal service	P	P	P	P	P	P	P	C [5]
Vehicle repair	C	M	P	-	-	-	-	-
Vehicle towing and impound	-	-	C	-	-	-	-	-
Industrial and Storage
Manufacturing, artisan	P	P	P	P	P	P	C	-
Manufacturing, light	-	M	C	-	-	-	-	-
Outdoor storage, non-retail	-	-	M [9]	-	-	-	-	-	155.304.110.H
Warehousing, wholesale and distribution	-	C	C	-	-	-	-	-
Civic and Recreation
Civic institutions	P	P	P	P	P	P	P	-
Colleges and trade schools (upper floor)	P	P	P	P	C	C	C	C [5]
Colleges and trade schools (groun d floor)	C	C	C	C	C	C	C	C [5]
Instructional services	P	P	P	P	P	P	P	C [5]
Emergency shelter	-	-	P	-	-	-	-	-	155.304.050
Government facilities	P	P	P	P	P	P	P	P
Non-commercial places of assembly	P	P	P	P	P	P	P	P
Parks and playgrounds	P	P	P	P	P	P	P	P
Recreational vehicle parks	-	-	C	-	-	-	-	-	155.304.120
Schools, public and private	C	C	-	-	-	-	-	-
Social services	C	C	C	-	-	-	-	C
Infrastructure and Utilities
Public utility	C	C	C	C	C	C	C	C
Recycling collection facility	-		C	-	-	-	-	-
Other Uses
Accessory uses	See 155.304.020
Cannabis uses	See Municipal Code Ch. 158
Home occupations	See 155.304.070
Temporary uses	See 155.336
Wireless telecommunication facilities	P [7]	P [7]	P [7]	P [7]	P [7]	P [7]	C	P [7]	Municipal Code Ch. 159
NOTES TO TABLE: [1] An accessory dwelling unit is allowed in conformance with § 155.316 (Accessory Dwelling Unit). [2] See § 155.208.040 (Pedestrian-focused Frontages) for ground-floor use limitations that apply to residential uses facing a pedestrian-focused frontage as shown in Figure 208-4. [3] Prohibited when facing a pedestrian-focused frontage as shown in Figure 208-4. [4] Allowed only as a secondary use when combined with an allowed primary use. See § 155.108.050(C) (Types of Uses). [5] Limited to uses intended to primarily serve employees, patients and visitors of medical uses in the zoning district as determined by the minor use or conditional use permit process. [6] New general retail - outdoor uses established after June 20, 2019, are prohibited. General retail-outdoor uses established before June 20, 2019, may remain. See § 155.208.020(C) (General Retail - Outdoor in the Downtown Zoning District). [7] Wireless telecommunication facilities located within 100 feet of a residential zoning district require a CUP. [8] Reconstruction of a damaged or destroyed single-family detached home is allowed, provided reconstruction is commenced within two years of the date the building was damaged or destroyed. [9] Until October 1, 2031, metal shipping containers used for outdoor storage are principally permitted for both retail and non-retail when in compliance with 155.304.110.H. After October 1, 2031, shipping containers in the SC zone must either be removed on or before October 31, 2031, or will continue as a non-conforming use and structure, and will be subject to the requirements in 155.424 (Nonconformities).

 

   (B)   Additional permits. In addition to permits identified in Table 208-1, proposed projects in the mixed-use zoning districts may require additional permits and approvals as described in § 155.412 (Specific Permits and Approvals).

   (C)   General Retail - Outdoor in the Downtown Zoning District. The following requirements apply to general retail - outdoor (including outdoor vehicle sales and rental establishments) in the Downtown (DT) Zoning District.

      (1)   Secondary use only. General retail - outdoor is allowed only as a secondary use when combined with a permitted primary use. See § 155.108.050(C) (Types of Uses).

      (2)   New uses prohibited. New general retail - outdoor (including outdoor vehicle sales and rental uses) established after June 20, 2019, are prohibited.

      (3)   Existing uses may remain. An existing general retail - outdoor facility (including vehicle sales and rental establishments) is an allowed use subject to the following requirements:

         (a)   The general retail - outdoor use (including vehicle sales and rental uses) applies to the entire lot;

         (b)   The use may not be enlarged or expanded to a new lot unless the new lot already contain a general retail - outdoor use;

         (c)   Existing buildings occupied by the general retail - outdoor use may be repaired, improved and enlarged. New buildings may be constructed to serve the use;

         (d)   Other uses that comply with the DT Zoning District standards may be added to a site while the general retail - outdoor use remains in operation;

         (e)   Existing general retail - outdoor uses may be replaced by another conforming use at any time; and

         (f)   If a general retail - outdoor use is discontinued for 12 consecutive months or more, the use may not be reestablished.

(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20; Am. Ord. 925-C.S., passed 9-7-21; Am. Ord. 931-C.S., passed 2-15-22)