§ 154.131 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	M	Special Requirements (if any)
Adult businesses	CUP	Subject to provisions of § 154.200et seq.
Agricultural product processing	P
Alcohol distillation and distribution	DRA	On-site consumption prohibited.
Animal boarding, hospitals, and shelters	DRA
Automotive service stations	P	Subject to site plan review process as described in § 154.020.
Automotive, machinery, and construction manufacturing	P
Cannabis manufacturing, testing, distribution, and indoor cultivation	CUP	Subject to § 154.165et seq.
Chemical storage, mixing, and sales	CUP
Electricity generating uses	P	Allowed only as ancillary to the main use.
Emergency shelters	P	Subject to provisions of § 154.210et seq.
Equipment sale and repair	P
Hemp manufacturing and storage	DRA
Petroleum bulk storage and sales	CUP	Including liquid petroleum gas or natural gas/propane manufacture or storage.
Production and processing	P	Use shall not cause noxious fumes or other nuisances or adverse health effects.
Public and semi-public uses	P
Machinery and general manufacturing	P	Use shall not cause noxious fumes or other nuisances or adverse health effects.
Vehicle sales and service	DRA
Uses listed in the R-1, R-2, R-3, R-4, PSP, or C-MS Zones	—

 

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