A. Considerations.
1. Uses are assigned to the category whose description most closely describes the nature of the primary use. The characteristics subsection of each use category describes the characteristics of each use category. Developments may have more than one (1) primary use. Developments may also have one (1) or more accessory uses. Developments with more than one (1) primary use are addressed in subsection (b) below. Accessory uses are addressed in subsection (c) below.
2. The following items are considered to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses:
a. The description of the activities in relationship to the characteristics of each use category;
b. The relative amount of site or floor space and equipment devoted to the activity;
c. Relative amounts of sales from each activity;
d. The customer type for each activity;
e. The relative number of employees in each activity;
f. Hours of operation;
g. Building and site arrangement;
h. Vehicles used with the activity;
i. The relative number of vehicle trips generated by the activity;
j. Signs;
k. How the use advertises itself; and
l. Whether the activity would be likely to be found independent of the other activities on the site.
B. Developments with Multiple Primary Uses. When all the primary uses of a development fall within one (1) use category, then the development is assigned to that use category. For example, a development that contains a retail bakery and a café would be classified in the retail sales and service category because all of the primary uses are in that category. When the primary uses of a development fall within different use categories, each primary use is classified in the applicable category and is subject to the regulations for that category.
C. Accessory Uses and Structures. Accessory uses and or structures are allowed by right in conjunction with the primary use and are subject to the same regulations as the primary use unless otherwise noted in these regulations. Accessory uses and structures shall comply with the standards in Section 7.5 Accessory Uses and Accessory Structures except where otherwise noted (i.e., Concord Avenue Overlay, Floodplain Regulations).
D. Examples. Examples are listed for each definition. Examples are intended to provide a base for consideration of a similar use (if a similar use is not listed).
E. Unlisted Uses. Uses Not Included are listed to exclude uses which may be commonly confused with another use. For uses not listed in Table 7.1, Table of Permissible Uses, not listed as a part of a use category or use type, and not listed as a prohibited use, the Director shall determine which use category or use type to which the use belongs in accordance with the following.
a. The Director shall determine whether an unlisted use is similar to a use identified in Table 7.1, Table of Permissible Uses, based on consistency with the City’s adopted policy guidance and the following standards:
i. The function, product, or physical characteristics of the use;
ii. The impact on adjacent lands created by the use;
iii. The type, size, and nature of buildings and structures associated with the use;
iv. The type of sales (retail, wholesale), and the size and type of items sold and displayed on the premises;
v. The types of items stored (such as vehicles, inventory, merchandise, chemicals, construction materials, scrap and junk, and raw materials including liquids and powders);
vi. The volume and type of vehicle traffic generated by the use, and the parking demands of the use;
vii. Any processing associated with the use, including assembly, manufacturing, warehousing, shipping, distribution, and whether it occurs inside or outside a building;
viii. Any dangerous, hazardous, toxic, or explosive materials associated with the use;
ix. The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation, and fumes; and
x. Any prior determinations made by the Director or decisions made by City Council or appointed City boards.
b. The Director’s decision and explanation shall be made in writing, shall state the determination is final and subject to appeal as provided in Section 3 Administration, and shall be delivered by personal service, electronic mail, or by first class mail to the applicable parties. A written determination shall be binding on subsequent decisions by the Director or other administrative officials in applying the same provision of this Ordinance or the Official Zoning Map in the same circumstance, unless the determination is modified in accordance with this section, or the text of this Ordinance is amended. The Director shall maintain a record of written determinations that shall be available in the Planning and Development Department for public inspection, on reasonable request, during normal business hours.
c. After the Director determines the use category or use type in which the unlisted use is best classified, then the unlisted use shall be subject to all applicable requirements of that use category or use type. The Director shall also determine whether the unlisted use is likely to be common or recur frequently, and whether its omission is likely to lead to uncertainty and confusion. On determining that the unlisted use is likely to be common and would lead to confusion if unlisted, the Director shall initiate an application for a text amendment. Until final action is taken on the text amendment, the Director’s decision shall be binding. If the Director determines that the unlisted use is of an unusual or transitory nature, and unlikely to recur frequently, the determination shall be binding without further action or amendment of this Ordinance.
d. An appeal of the Director’s determination with regard to an unlisted use may be made in accordance with Section 3.4.11: Appeals.
F. Use Standards. Use standards for a particular use maybe found in the information in the following sections.