§ 35.020 — Use categories generally

Section 35.020. - Use categories generally.

This section establishes and describes the use categorization system used to classify principal uses in this zoning code. A. Use categories. This zoning code classifies principal land uses into eight (8) major groupings (described in Section 35.030 through Section 35.100). These major groupings are referred to as "use categories." The use categories are as follows: 1. Residential. See Section 35.030. 2. Public, Civic and Institutional. See Section 35.040. 3. Commercial. See Section 35.050. 4. Wholesale, Distribution and Storage. See Section 35.060. 5. Industrial. See Section 35.070. 6. Recycling. See Section 35.080. 7. Agricultural. See Section 35.090. 8. Other. See Section 35.100. B. Use subcategories. Each use category is further divided into more specific "subcategories." Use subcategories classify principal land uses and activities based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions. C. Specific use types. Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole. D. Use tables. Use tables are used in this zoning code to identify the land uses allowed within the respective zoning districts. The structure of the use tables reflects the hierarchical nature of the use categorization system described in this section. Table 35-1: Sample Use Table Format District | District | District | District | District | District | Supplemental Regulations P = use permitted as of right S = Special exception approval required - = Not allowed Uses not listed are also prohibited except as stated in Subsection 35.020E. Bracketed numbers refer to notes following the table. USE CATEGORY Use Subcategory | cross-reference to any applicable regulations Specific Use | P[1] | P[1] | P | P | P | P Specific Use | - | - | - | S | S | S Specific Use | - | - | - | - | P | P [1] Table notes E. Determination of use categories and subcategories. 1. The development administrator or land use administrator has the authority to classify uses on the basis of the use category, subcategory and specific use type descriptions of this chapter. 2. When a use cannot be reasonably classified into a use category, subcategory or specific use type, or appears to fit into multiple categories, subcategories or specific use types, the development administrator is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this chapter. In making such determinations, the development administrator must consider: a. The types of activities that will occur in conjunction with the use; b. The types of equipment and processes to be used; c. The existence, number and frequency of residents, customers or employees; d. Parking demands associated with the use; and e. Other factors deemed relevant to a use determination. 3. If a use can reasonably be classified in multiple categories, subcategories or specific use types, the development administrator is authorized to categorize each use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate "fit."