1. Types of Uses. This section regulates the establishment of land uses in each of the zoning and overlay districts. Uses have been divided into four types which are listed and described below:
A. Principal Permitted Uses. Principal permitted uses are land uses allowed in a given zoning district without special review because they are considered compatible with the intent of the district. However, the buildings or structures which contain such uses, and the site development necessary for their establishment must meet the development regulations and plan review requirements established in this Code. Permitted uses are indicated in the Land Use Matrix in Figure I by the letter “P.”
B. Conditional Uses. Conditional uses are land uses which have potential for causing adverse impacts on other uses because of such factors as location, method of operation, scale or intensity of activity, or traffic generated. Conditional uses as listed for each district may be permitted within that district upon approval by the Board of Adjustment in accordance with the procedures provided in Section 165.83 in which conditions may be imposed to insure compatibility, and a conditional use permit must be obtained before a conditional use is established. However, any use lawfully established prior to the effective date of this Code may so continue without approval by the Board of Adjustment. However, for any expansion or addition of structures, parking areas or driveways, there shall be a site development plan approved according to the requirements of Section 165.84, prior to construction or issuance of a building permit if required. Conditional uses may also be denied if it is not possible to mitigate adverse impacts. Conditional uses are indicated in the Land Use Matrix in Figure I by the letter “C.”
C. Accessory Uses. Accessory uses are land uses which are clearly incidental and subordinate to the principal use of a property, and cannot be established unless the principal use is also established.
(1) Accessory uses are located on the same zoning lot as the principal building, structure, or use served, except as otherwise expressly authorized by the provisions of this Code.
(2) Accessory uses contribute to the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal building, structure, or use served.
D. Uses Not Allowed; Uses Not Listed. Uses not allowed are land uses which cannot be established in a given zoning district because they are considered incompatible with the intent of the district. Uses which are not listed in the Land Use Matrix are not allowed in a given zoning district unless indicated otherwise using the procedure for making use determinations (see Section 165.13). Uses in addition to those permitted in the underlying zone of a PUD overlay district must be justified by the applicant and may be approved as part of the PUD approval.
2. Land Use Matrix. Figure I† 1 is hereby designated as the City Land Use Matrix. The Land Use Matrix contains a list of land uses and indicates if a given land use is allowed as a permitted or conditional use in Hiawatha Zoning Districts. Figure I lists land uses allowed by zoning district. It is the intent of this Code that Figure I and the text of this Code be consistent. Where an inconsistency occurs, the text of this Code shall govern. Where regulations for specific land uses have been established, the regulations appear in Section 165.16 and the Land Use Matrix in Figure 1. If a land use is not listed in the Land Use Matrix, Section 165.13 establishes a procedure for determining whether this use is allowed as permitted or conditional in a given district.
Notes
| 1 | † Editor’s Note. Figure I – Land Use Matrix is found at the end of this chapter. |