§ 154.121 PERMITTED USES.

   (A)   The following table sets forth the permits required for each listed use category:

      (1)   "P" designates allowed uses;

      (2)   "DRA" designates uses that are permitted after review and approval of a discretionary review and approval process;

      (3)   "CUP" designates uses that are permitted after review and approval of a conditional use permit; and

      (4)   "—" designates prohibited uses.

   (B)   In cases where a specific land use or activity is not listed as a permitted use either directly or indirectly, the City Manager or designee may assign the land use or activity to a classification by following the procedures below:

      (1)   The applicant shall provide a detailed operational statement that, at a minimum, provides:

         (a)   A clear definition of the use and a thorough explanation that outlines how the proposed use is similar to other uses already identified in the code;

         (b)   A minimum of three examples how other similar communities administer the proposed use; and

         (c)   Local land use examples, including photographs of how the proposed use is similar to other listed uses.

      (2)   Alternatively, the Director may require a text amendment.

      (3)   Required findings. In classifying an unlisted use, the Director shall first make a finding that all of the following conditions exist:

         (a)   The subject use and its operation are compatible with the uses permitted in the district where it is proposed to be allowed;

         (b)   The subject use is similar to other uses permitted in the district within which it is proposed to be allowed;

         (c)   The subject use will not cause substantial injury to the value of the property in neighborhoods or districts within which it is likely to be located; and

         (d)   The subject use will be so controlled that the public health, safety, and general welfare will be protected.

   (C)   Use classifications not listed in the table or not found to be substantially similar to the uses below are not permitted.

Use Types	C-MS	Special Requirements (if any)
Banks and financial institutions	DRA
Community gardens and farmers markets	DRA
Drive through facilities	CUP
Business offices	DRA
Eating and drinking establishments	P	Includes outdoor dining with a site plan review.
Food and beverage sales	P
Gun and ammo sales	DRA
On-site and off-site sales of beer, wine, and liquor	CUP	Includes microbrewery and micro-distilleries.
Parks and plazas	P
Pawn shops	DRA
Public facilities	P	Includes libraries and museums.
Religious institutions	CUP
Residential, multi-family	CUP	Must be associated with a commercial or office use.
Retail shops and boutiques	P

 

(Ord. 2021-03, passed 12-7-2021)