1206.01 TABLE OF PERMITTED AND CONDITIONAL USES BY ZONE DISTRICT.

   The use table set forth below provides a tabular summary of the land uses allowed either by-right or conditionally within each base zone district. Where applicable, the table references (with an asterisk) district limitations on a listed use's size or other features. Those limitations can be found in Chapter 1205, which sets forth zone district use, density, and other property development/design regulations. In addition, the table references by number special conditions applicable to the listed use. The numbered special conditions in the table correspond to the same-numbered special conditions set forth and described in Section 1206.02(c), Conditional Uses: Special Conditions and Standards. In the event of a conflict between the use table and the zone district use regulations set forth in Chapter 1205, the text of the zone district use regulations shall prevail.

      Illustration: A new 3,500 square foot retail clothing store is proposed to be opened on the ground floor of a building located on Main Street in the Village Core–i.e., in District 5. To determine whether such use is permitted, first look up "Retail" uses in the Table of Permitted and Conditional Uses below. Retail uses are a permitted use ("P") in District 5, but are subject to limits set forth in Chapter 1205 (marked with an "*"). To find out what the limit is on retail uses in District 5, turn to Section 1205.08 , District 5: Village Core/Historic District, and see that retail uses are permitted by-right provided that any ground floor retail use is less than 5,000 square feet–meaning the 3,500 foot clothing store is within the permitted bounds.

      Illustration: An existing residence in District 3 (Outer Village Residential Neighborhood) is proposed to be converted to a group home for up to six senior citizens. To determine whether such use is permitted, first look up "group home" uses in the Table of Permitted and Conditional Uses below. Group homes for the elderly are permitted as a conditional use ("C") in District 3, which means they must satisfy all the general criteria and standards set forth in Section 1206.02 (b), plus any applicable special conditions noted in the "special conditions" column in the Table. As seen, group homes for less than eight persons are subject to three special conditions (numbers 5, 15, and 22). These numbers refer to the same-numbered conditions set forth in Section 1206.02 (c)(4), (c)(14), and (c)(22), which require that a group home use meet licensing criteria and adequately address other potential concerns or impacts such as emergency access, twenty-four-hour staffing, and building code compliance.

   (a)   By-Right Permitted Uses. Uses identified in a zoning district column of the Use Table with a "P" are permitted by-right and shall be allowed subject to applicable zone district requirements and other zoning development and site plan standards set forth in this Code.

   (b)   Conditional Uses.

      (1)   Uses identified in a zone district column of the use table with a "C" are conditional uses and shall be allowed only if reviewed and approved in accordance with the procedures set forth in Section 1203.05 and with the general conditions and standards set forth in Section 1206.02.

      (2)   Conditional use approval shall also be subject to such special conditions as may be indicated in the "special conditions" column of the use table below. Numbers in the "special conditions" column of the use table refer to special conditions and standards applicable to a particular use in all of the districts in which such use is allowed. The referenced special conditions and standards appear in Section 1206.02(c). For example, special condition "1" refers to the special use condition set forth in Section 1206.02(c)(1).

   (c)   Uses Not Permitted. Uses not identified in a zoning district column of the use table as permitted by-right ("P") or conditionally ("C") are not allowed in such zone district unless otherwise permitted either through a rezoning or the "use determination" process set forth in Section 1206.06 .

P = Permitted By Right C = Conditional *Size or Other Limits Apply–See Zone District Regulations, Chapter 1205

Zoning Districts

Use Type

1

2

3

4

5

6

7

7ol

8

8ol

9

10

Special Conditions

Residential Uses

Assisted Living

C

C

C

C

C

C

C

4, 10, 11, 12, 14

Duplex

C

C

C

P

P*

Dwelling units stacked above or mixed with offices or other commercial space

P

C*

P

Family day care home, small (1-6 children)

P

P

P

P

P

P

4

Model Home

C

C

C

C

C

C

18

Multi-Family

C

C

C*

Residential group homes for up to 5 handicapped/ elderly people

P

P

P

P

P

P*

P

4, 14, 22

Residential group homes for 6-8 handicapped/ elderly people

C

C

C

C

C*

4, 14, 22

Single Family, Attached

C

C

C

C

P

P*

Single Family, Detached

P

P

P

P

P

P*

P

Townhomes

C

C

C

P

P

Open Space Conservation Subdivisions

C

C

C

C

Accessory Uses/Structures–See Section 1206.03

Shared Driveways for Dwellings

C

C

C

C

P

C

C

Commercial/Retail

Adult businesses

P*

25

Artisan studios, photography studios and shops, and art galleries

P

P*

C

P

P

30

Assembly and Meeting Halls

C

C

C

11, 12

Automated teller machines (ATMs)

P* C*

P

P

13

Automobile repair and services

C*

C*

C*

6, 7, 8, 10, 15, 17

Automobile service stations

C

C*

6, 7, 8, 10, 15, 17, 23

Automotive dealers

C*

6, 8, 17

Bank or other financial institution

P* C*

P*

P*

P

P*

P*

13

Bar or tavern

P*

P*

P*

Bar or tavern located within 200 feet of a residential use

C

C*

C

27

Bed and breakfast inn

C

C

C

C

P

C

C

C

C

26

Boarding Kennel

C

Family day care home, large (7-12 children)

C

C

3, 4, 12

Car Wash

C*

10, 17

Commercial nurseries

C

C

P

P

Commercial operations that involve operation, parking, and maintenance of vehicles, cleaning of equipment, or work processes involving solvents, transfer stations, storage of goods, including self storage

C

6, 8, 10, 16, 17, 19

Convenience store

C

C*

C

C

11, 24

Day care center, child or adult

C

C*

C

C

3, 4, 12

Entertainment and amusement facilities, indoor

C

C

Fireworks storage and fireworks retail facility

C

4, 17, 33

Funeral home

C

C*

C

C

1, 4, 10, 12, 30

Golf course, private

C

C

C

1, 3, 5, 7, 21

Liquor store

C

C*

C

4

Lodging

C

C

C

Medical clinics

P*

C

P*

P

P

3

Office, business or professional

P*

P

P

P

P

C*

P* C*

P* C*

31

Office business park

P

P

P

Parking lot as principal use

P

Parking structure as principal use

C

Pawn shops, vape and smoke shops, tattoo parlors, hookah lounges and marijuana facilities

C

34

Private membership recreational facility or club

C

C

C

C

C

5, 21

Recording, radio or television studios

P*

P

P*

C

P

P*

Recreational facilities, commercial or sports training facility

C

C

C

C

C

5, 12, 21

Recreational facilities, outdoor

C

C

5, 11, 12, 21

Restaurant

P*

P*

P*

P*

C*

P*

31

Restaurant located within 200 feet of a residential use

C*

C*

C*

27

Retail Uses

P*/ C*

P*

P*/ C*

P*

C*

P*

P*

31

Retail with outdoor sales or storage

C

C

C*

C

17, 19

Services, business

P*

P*

P*

C

P*

C*

P*

P*/ C*

30, 31

Services, personal

P

P*

C

P*

C*

30, 31

Services, repair

P

P*

P*

Showrooms and salesrooms for wholesale distribution

P

P

Wholesale trade

P

P

Vehicle and equipment rentals

C

C

6, 8, 10, 17, 19

Vehicle repair/services

C

C

7, 9, 11, 16, 17

Veterinary facility, small animal clinic (allow overnight, indoor boarding)

C

C

C

C

C

1, 4, 29, 32

Wireless telecom facilities

C

C

Industrial Uses

Industrial use, light

P*

P

Industrial use, heavy

C

Industrial business park

P*

P

RV, boat, or truck storage

C

Research laboratory

P*

P

Resource recovery operations

P*

Warehousing, distribution, and storage

P*

P*

Workshops and custom small industry uses

P

P

Planned Developments

Planned Development

P

P

P

P

P

P

P

C

P

P

Institutional/Civic/Public Uses

Cemetery

C

C

C

C

C

20

Continuing care retirement community

C

C

C

4, 10, 11, 12, 14, 22

Convention or conference center

C

C

C

Installations by essential public utility and public services, including but not limited to bus shelters and bus stops, but not including water towers, power generating stations, transfer stations, or outdoor storage

P

P

P

P

P

P

P

P

P

Golf course, public

C

C

C

1, 3, 5, 7, 21

Government administrative offices, and services

P

P

P

P

P

P

P

19

Government public works and service facilities

P

C

P

P

Hospitals, including heliports as accessory use

C

C

4, 8, 9, 11, 14, 16, 17

Institutional residential for the hand- icapped or elderly (for 9 or more people)

C

C

C

4, 14, 22

Places of religious worship, including churches and synagogues. Religious schools and day care centers may be permitted as accessory uses within the same structure as the principal conditional use.

C

C

C

C

C

C

C

C

1, 11, 12

Public safety and emergency services

P

P

P

P

P

P

P

P

P

P

P

P

6, 7, 8, 9, 10, 17

Public (non- commercial) facility for composting

C

Public recreational facilities, indoor or outdoor

P*/ C*

P

P

P

P

P

P

P

P

P

Public, non-profit, or private cultural facilities including but not limited to libraries and museums.

C

C

P

Public park or recreation area, including multi-purpose trails

P

P

P

P

P

P

P

P

P

P

Schools, public or private– preschool, elementary, secondary, or post-secondary; **(including dormitories)

C

C

C

C**

C

C

C

1, 2, 11, 12, 14

Transportation facilities without repairs (bus terminal, depot, etc.)

C

10, 12, 17

Agricultural

General agricultural operations

C

P

C

P

C

P

Accessory Uses/Structures - See Section 1206.03

Temporary Uses - See Section 1206.04

 

   (d)   Medical Marijuana. The cultivation, processing, dispensing, or sale of medical marijuana, as defined in this Code, shall not be permitted in any zoning district within the City.

(Ord. 16-148, § 11. Passed 2-21-17; Ord. 17-99. Passed 10-3-17; Ord. 18-93. Passed 10-15-19; Ord. 21-84. Passed 11-9-21; Ord. 21-71. Passed 1-4-22; Ord. 21-141. Passed 1-4-22; Ord. 23-154. Passed 4-9-24.)