A. Basic Utility Uses:
1. Characteristics: "Basic utilities" are infrastructure services that need to be located in or near the area where the service is provided. Basic utility uses generally do not have a large number of employees at the site. Services may be publicly or privately provided.
2. Examples: Utility substation facilities, such as electric substations, gas regulator stations, telecommunications switching and relay facilities; water and sewer lift stations, water towers, and reservoirs.
3. Accessory Uses: Parking; control, monitoring, data or transmission equipment.
4. Exceptions:
a. Services where employees or the general public are generally present are classified as community service or office uses.
b. Utility offices where employees or customers are generally present are classified as office uses.
c. Bus barns are classified as warehouse and freight movement.
d. Communications towers, including radio, television, and wireless communications infrastructure, are classified as communication transmission facilities.
e. Utility-scale ground-mounted solar energy systems are not considered a basic utility use.
B. Colleges And Universities:
1. Characteristics: Public or private colleges and universities that offer courses of general or specialized study leading to a formal degree. Colleges, universities and professional schools granting academic degrees and requiring at least a high school diploma or equivalent general academic training for admission. Junior colleges and technical institutes requiring at least a high school diploma or equivalent general academic training for admission and granting associate academic degrees, certificates or diplomas. These uses tend to be in campuslike settings or on multiple blocks.
2. Examples: Examples include uses from the following two (2) subgroups:
a. Public: Public universities and community colleges that are under state jurisdiction.
b. Private: Private colleges and universities; private technical colleges; private nursing and medical schools not accessory to a hospital; seminaries.
3. Accessory Uses: Offices; housing for students; food service; laboratories; health and sports facilities; theaters; meeting areas; parking; maintenance facilities; support commercial.
4. Exceptions: Business, technical, trade, martial arts, music, dance, and drama schools/studios are classified as specialized educational facilities. However, business and technical colleges that offer degree programs in campuslike settings are classified as private colleges and universities.
C. Community Service Uses:
1. Characteristics: Uses of a public, nonprofit, or charitable nature providing a local service to people of the community. Generally, they provide the service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Included are community centers or facilities that have membership provisions that are open to the general public to join at any time, e.g., a senior center that allows any senior to join. The use may provide shelter or short-term housing when operated by a public or nonprofit agency. The use may also provide special counseling, education, or training of a public, nonprofit or charitable nature.
2. Examples: Examples include uses from the following three (3) subgroups:
a. General Community Service: Libraries; museums; transit centers; park and ride facilities; senior centers; community centers; neighborhood centers; youth club facilities; some social service facilities; vocational training facilities for the physically or mentally disabled; soup kitchens; surplus food distribution centers; public safety facilities, such as police and fire stations.
b. Community Service - Shelter: Transient housing operated by a public or nonprofit agency.
3. Accessory Uses: Offices; meeting areas; food preparation areas; parking; health and therapy areas; daycare uses; athletic facilities.
4. Exceptions:
a. Religious institutions and private clubs and lodges are classified as religious/private group assembly uses.
b. Group care facilities where patients are residents of the facility are classified as assisted group living.
c. Private, for profit athletic or health clubs are classified as indoor commercial recreational uses.
d. Private, for profit art galleries are classified as sales oriented retail.
e. Social service agencies that consist primarily of office and counseling functions and operate in a similar fashion to other office uses are classified as general office.
f. Parks and cemeteries are classified as parks and open space.
g. Uses where tenancy is arranged on a non-transient basis are residential and are classified as household living or group living.
h. Alternatives to incarceration, such as halfway houses, where residents of the facility are under supervision of sworn officers of the court are classified as detention facilities.
D. Daycare Uses:
1. Characteristics: A nonresidential facility that provides less than twenty four (24) hour per daycare or supervision for children and adults for a fee. Daycare uses also include organized programs of short term supportive daycare in a group environment for adults who need supervision, assistance or both. Services may include, but are not limited to, nursing and rehabilitative services, personal care, transportation services, social or recreational activities, and preventative or restorative services.
2. Examples: Childcare centers; adult daycare; preschools and latchkey programs not accessory to an educational facility use.
3. Accessory Uses: Offices; recreational areas; playgrounds; parking.
4. Exceptions:
a. A childcare home (see definition of "childcare home" in chapter 9, article A, "General Definitions", of this title) is considered an accessory use and is subject to the requirements of chapter 4, article C, "Accessory Uses And Buildings", of this title.
b. Preschools and latchkey programs located within an educational facility are considered an accessory use and are subject to the regulations of chapter 4, article C, "Accessory Uses And Buildings", of this title.
c. Daycare centers that provide on site care for the employees of a particular business are considered accessory uses and are subject to the regulations of chapter 4, article C, "Accessory Uses And Buildings", of this title.
E. Detention Facilities:
1. Characteristics: Facilities for the judicially required detention or incarceration of people. Inmates and detainees are under twenty four (24) hour supervision by employees or contractees of the department of corrections, except when on an approved leave. This category also includes alternatives to incarceration, such as halfway houses, where residents or inmates are placed by and remain under the supervision of the courts.
2. Examples: Prisons; jails; probation centers; juvenile detention homes; halfway houses.
3. Accessory Uses: Offices; recreational and health facilities; therapy facilities; maintenance facilities; hobby and manufacturing activities.
4. Exceptions:
a. Programs that provide care and training or treatment for psychiatric, alcohol, or drug problems, where patients are residents of the program, but where patients are not under twenty four (24) hour supervision of employees or contractees of the department of corrections are classified as assisted group living.
b. Programs that provide transitional living experience for former offenders, where residents are not currently under twenty four (24) hour supervision by employees or contractees of the department of corrections, are classified as assisted group living.
F. Educational Facilities:
1. Characteristics: Public and private schools that provide state mandated primary and secondary generalized education; and schools for specialized activities, such as dance, music, martial arts, business, and technical skills.
2. Examples: Examples include uses from the following two (2) subgroups:
a. General Educational Facilities: Public and private elementary, middle, junior high and senior high schools, including such schools owned or operated by a religious entity; boarding schools; military academies.
b. Specialized Educational Facilities: Schools primarily engaged in offering specialized trade, business, or commercial courses, but not academic training. Also specialized nondegree granting schools, such as music schools, dramatic schools, dance studios, martial arts studios, language schools and civil service and other short term examination preparatory schools.
3. Accessory Uses: Cafeterias; parking; play areas; recreational and sports facilities; auditoriums; preschools; before and after school programs.
4. Exceptions:
a. Preschools that are not accessory to an educational facility use are classified as daycare.
b. Schools that offer training in industrial trades that include training on large equipment or vehicles, or that include activities that generate noise, odors, or dust more typical of industrial uses are classified as industrial service.
c. Business, technical, and other colleges that offer degree programs in campus like settings are classified as private colleges and universities.
G. Hospitals:
1. Characteristics: Uses providing health services for inpatient medical care for sick or injured humans, including related facilities that are an integral part thereof, such as laboratories, outpatient facilities, staff offices and emergency medical services. Hospitals tend to be on multiple blocks or in campus settings.
2. Examples: Hospitals; medical centers.
3. Accessory Uses: Outpatient clinics; offices; laboratories; teaching facilities; meeting areas; cafeterias; parking, maintenance facilities; overnight facilities for staff or trainees; crematoriums.
4. Exceptions:
a. Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are considered group care facilities and are classified as assisted group living.
b. Medical clinics that provide care where patients are not kept overnight are classified as medical/dental offices.
c. Heliports, helipads and helistops are not considered an accessory use to or an integral part of a hospital use. Such uses are considered aviation related uses and are always regulated as a principal use.
H. Parks And Open Space Uses:
1. Characteristics: Large areas consisting mostly of natural areas, formal or informal landscaped open space, and/or open space for outdoor assembly and recreation. This category includes both public open space areas as well as private, shared open space. These uses tend to have few structures.
2. Examples: Parks; golf courses; cemeteries; public squares; plazas; botanical gardens; arboretums; community gardens; boat launching areas; nature preserves.
3. Accessory Uses: Maintenance facilities; concessions; parking. Mausoleums, columbariums, and crematoriums within cemeteries and recreational uses within private open space areas, such as clubhouses, tennis courts, sports fields, and swimming pools, are regulated as accessory uses and are subject to the regulations of chapter 4, article C, "Accessory Uses And Buildings", of this title.
4. Exceptions:
a. Recreational uses, such as health and athletic clubs, operated as commercial businesses that are open to the general public, whether payment is on a fee for services or on a membership basis, are classified as commercial recreational uses.
b. Accessory outdoor recreational facilities that are located on private property that are exclusively for use of those that live on the property are considered an accessory use to the principal use of the property. For example, a swimming pool, tennis court, or other similar facility located on a property that has as its principal use an apartment building would be considered an accessory use to a multi-family use, not an accessory use to a parks and open space use. However, a swimming facility located on property that has been designated private, shared open space used jointly by multiple properties in the vicinity would be considered an accessory use to a parks and open space use because the principal use of the property is private, shared open space.
I. Religious/Private Group Assembly Uses:
1. Characteristics: A religious/private group assembly use provides meeting space and facilities for a religious institution or a private, nonprofit association. Such a use typically restricts access to the general public and owns, leases or holds property in common for the benefit of its members.
2. Examples: Religious institutions, such as churches, temples, synagogues, and mosques; private, nonprofit meeting halls, clubs, associations, or nonresidential fraternal organizations, such as the Masonic, Eagles, Moose and Elks Lodges, and the Lions and American Legion Clubs.
3. Accessory Uses: Parking; maintenance/storage buildings; living quarters for clergy; columbariums.
4. Exceptions:
a. Recreational, sports, or athletic clubs operated as a commercial business and open to the general public to join are classified as commercial recreational uses.
b. Clubs where the primary activity is the sales of goods or services are classified as either sales oriented or personal service oriented retail.
c. Commercial meeting and event facilities are classified as hospitality oriented retail.
d. Fraternities and sororities associated with a college or university are classified as fraternal group living uses.
e. Facilities owned or operated by a religious institution that provide state mandated primary and secondary generalized education are classified as educational facilities.
f. Colleges and universities, as defined in this article, which are owned and/or operated by a religious institution are classified as colleges and universities.
g. Hospitals owned and/or operated by a religious institution are classified as hospital uses.
h. Uses that are not typically associated with the primary assembly purpose of the use, such as retail sales, residential uses (other than for clergy), amusement parks, and large sports and entertainment facilities may be considered separate principal uses and regulated accordingly. Decisions regarding whether a use is an accessory use or a principal use will be based on the factors listed in subsection 14-4A-2A of this article. (Ord. 05-4186, 12-15-2005; amd. Ord. 16-4667, 7-5-2016; Ord. 20-4817, 1-7-2020; Ord. 22-4882, 6-21-2022; Ord. 23-4914, 11-6-2023)