Part 5A. Introduction

A zone string is composed of the following Districts:

The Use District is a separate and independent component of each zone.

1. Identify the Applicable Use District

   The fourth component in a zone string identifies the Use District applied to a property.

2. Determine What Uses are Permitted

   1. Reference the Use District Table

      The Use District table in Part 5B. (Use Districts) identifies the uses permitted in a district, as well as their standards and limitations. The Use District table is organized into four columns. The first column, titled "Use", lists the use, to which a permission level and applicable standards, if any, are assigned in the subsequent table columns to the right. The second column, titled "Permission", lists the permission level applied to the use. The third column, titled "Use Standard" includes any applicable standards regulating the use, and the fourth column, titled "Specification", includes additional specifications establishing the parameters or details for the applicable standards.

   2. Reference the Use Permissions

      Permission levels are outlined in Div.5A.3. (Use Permissions), and a key is also included in the footer of each page of the Use District table for each Use District.

   3. Reference the Use Definitions

      Refer to Part 5D. (Use Definitions) to confirm the definition of any use listed in each Use District. Text in italics below a heading provides a definition of that heading.

3. Identify Use District Rules

   1. Use District rules are outlined in Part. 5C. (Use Rules). The use standard column in each Use District page identifies the applicable rules, if any, specific to each use within that Use District. The specification column identifies the details or parameters for the applicable general use standard, supplemental use standard, supplemental use finding, or special use program, if any. Any supplemental use standard or findings or standards applicable to the use can be found in the code Section referenced in the Specification column. General use standards are provided in Sec. 5C.1. (General Use Standards), Supplemental use standards and findings are provided in Sec. 5C.2. (Supplemental Use Standards & Findings), and special use programs are provided in Sec. 5C.3. (Special Use Programs).

   2. Some general use standards apply to an entire use category. When this is the case, the general standard is listed in the row below the use category heading (see, e.g., Light Industrial use category in the Industrial Use Districts.). If the general use standard reads "Use standard applicability" that standard only applies if the specification criteria listed below “Use standard applicability” is met (e.g., "Adjoining lot" in the use standard column and "Sensitive use, Residential, Residential-Mix, or Agricultural Use District" listed in the specification column, means the standards listed below only apply when the lot adjoins a lot within a residential, residential-mix, or agricultural use district).

   3. Identify General Use Standards

      Every general use standard on a Use District page in Part 5B. (Use Districts) corresponds with a Section in Div. 5C.1. (General Use Standards), where the use standard is explained in detail.

   4. Identify Supplemental Standards

      The Use District table identifies required supplemental standards, if any. The required supplemental standards for a use are established in Div. 5C.2. (Supplemental Use Standards & Findings).

   5. Identify Supplemental Findings

      The Use District table identifies required supplemental findings, if any. The required supplemental findings for a use are established in Div. 5C.2. (Supplemental Use Standards & Findings).

   6. Relief From Use Standard

      When “relief” is provided within the standard column in the Use District table, the specified relief option is from the standard(s) shown indented directly above the word "relief." Where multiple standards are shown indented, relief is available for each of those standards. Relief from a general use standard in Division 5C.1. (General Use Standards) may also be allowed if a relief process is indicated in the relief subsection of the standard.

      

All Use District names are comprised of two components: a use category and a variation number.

1. Use District Category

   The first component of each Use District name is a use category. A use category groups all districts with similar characteristics. The use categories are organized as follows:

   1. Open Space (OS)

   2. Agricultural (A)

   3. Residential (RG)

   4. Residential-Mixed (RX)

   5. Commercial-Mixed (CX)

   6. Industrial-Mixed (IX)

   7. Industrial (I)

   8. Public (P)

2. Variation Number

   The last component of each Use District name is a variation number. All Use Districts are numbered in the order they fall within this Article (Use).

   

The intent of this Article (Use) is to establish the Use Districts, use standards, and use definitions in order to regulate the activities on a lot, and to mitigate any potential impacts within a lot and on surrounding property as a result of those activities, to protect public health, safety, and welfare.

1. General

   1. Most lots, operations, and facilities will contain more than one use. Where more than one use occurs on the same lot or in the same operation or facility:

      1. Allowed uses are specified by the applicable Use District in accordance with Div. 5A.3. (Use Permissions), and combinations of allowed uses are also permitted. Certain uses are allowed only as accessory to (pursuant to Sec. 5C.1.1.), incidental to (pursuant to Sec. 5C.1.2.), or in conjunction with (pursuant to Sec. 5C.1.3.) another use.

      2. If all proposed uses are permitted by the applied Use District, but there are conflicts between the required use standards, the most restrictive of the use standards shall prevail, including where multiple uses overlap on the same portion of a lot or portion of a building.

   2. All projects filed after the effective date of this Zoning Code (Chapter 1A) shall comply with the Use District standards and all other provisions in this Article (Use), as further specified below. For vested rights, see Sec. 1.4.5. (Vested Rights), and for continuance of existing development, see Sec. 1.4.6. (Continuance of Existing Development).

2. Applicable Components of Lots, Buildings, & Structures

   1. Unless otherwise provided, use regulations apply to all portions of a lot.

   2. Unless otherwise provided, use regulations apply to all portions of buildings and structures on a lot.

   3. Specific use regulations may further limit which components of buildings and lots are required to comply with Part 5C. (Use Rules).

3. Nonconformity

   Article 12. (Nonconformities) provides relief from the requirements of this Article (Use) for existing lots, site improvements, buildings, structures, and uses that conformed to the zoning regulations at the time they were established, but do not conform to current Use District standards or permission levels. For lots with nonconforming uses as to the provisions of Div. 5A.3. (Use Permissions), Div. 5C.1. (General Use Standards), or Part 5D. (Use Definitions) specified by the applied Use District (Part 5B.), no project activity may decrease the conformance with any regulations specified in this Article (Use), unless otherwise specified by Div. 12.5.(Use Exceptions).

Regardless of allowed uses, the form of a building, its architectural elements, and site improvements are regulated by, and shall comply with the standards in Form Districts (Part 2B.), Frontage Districts (Part 3B.), and Development Standards Districts (Part 4B.). For example, an eating & drinking use might be allowed, but the Development Standard District regulations may prohibit drive-through facilities.

Use Districts that contain provisions for residential uses do not include regulations regarding the number of dwelling units that are permitted. The Density District (Part 6B.) component of the zone string, as described in Article 6. (Density), is the mechanism that regulates the number of dwelling units permitted on any lot.

Use permission levels set out in each Use District table indicate how a use is permitted within the district. Permission levels range from permitted without requiring conformance to any additional standards or conditions of approval, permitted only when specific standards are met, or permitted only through a process requiring approval by a decision maker or decision-making body. Permission levels may be assigned to individual uses, use groups, or entire use categories. Permission levels are represented within each Use District table using symbols that indicate which permission level is assigned to a particular use, or use category. The following Sections summarize the meaning of each permission level.

A use that is permitted without requiring conformance to specific standards is indicated in the Use District table by the letter P.

A use that is permitted only when conforming to a specific set of standards is indicated in the Use District table by the asterisk (*) symbol in combination with the underlying permission level. Any permission level may be combined with an * to cross-reference a specific set of general use standards, supplemental standards, or supplemental findings, that shall be applied. General use standards, supplemental standards, or supplemental findings indicated by the presence of an * are important for ensuring that a use exists and operates in a manner that is consistent with the intent of the Use District.

A use that requires approval by an authority or decision-making body with input from the members of the public who may be affected by the existence of that use. The use may be approved under certain conditions that address potential issues the use may introduce to its surroundings. Uses that may require specific conditions of approval applied through a discretionary process are indicated within the Use District tables by the following permission levels: CU1, CU2, and CU3, as described below.

1. Class 1 Conditional Use (CU1)

   A CU1 permission level indicates that a Class 1 Conditional Use Permit shall be obtained through approval granted by the Zoning Administrator in accordance with the processes and procedures described in Sec. 13B.2.1. (Class 1 Conditional Use Permit).

2. Class 2 Conditional Use (CU2)

   A CU2 permission level indicates that a Class 2 Conditional Use Permit shall be obtained through approval granted by the Zoning Administrator in accordance with the processes and procedures described in Sec. 13B.2.2. (Class 2 Conditional Use Permit).

3. Class 3 Conditional Use (CU3)

   A CU3 permission level indicates that a Class 3 Conditional Use Permit shall be obtained through approval granted by the City Planning Commission in accordance with the processes and procedures described in Sec. 13B.2.3. (Class 3 Conditional Use Permit).

A use that is permitted as established by, and in conformance with an applied Special Use Program is indicated in the Use District table by the letter S. Special Use Program uses are subject to the use permission levels and are considered generally appropriate within a Use District when in compliance with the applied Special Use Program to achieve a certain performance outcome or to moderate potential effects a use may have on its surroundings.

When an A- or A+ permission level is indicated the use shall assume the same use permissions, use standards, supplemental standards, and any supplemental procedures required by a Use District applied to the zoning of an adjoining lot.

1. Dependent on Most Restrictive Adjoining Zone (A-)

   1. Uses assigned an A- permission level are regulated as follows:

      1. The subject use shall be permitted, restricted, or disallowed according to the most restrictive set of use permissions, use standards, supplemental standards, and supplemental procedures applied to the same use by the Use District of any adjoining lot.

      2. Only joint public and private developments that are approved in accordance with the processes and procedures described in Sec. 13B.2.5. (Director Determination) and satisfying the finding requirements in Div. 5C.2. (Supplemental Use Standards & Findings) shall be permitted when a use is assigned an A- permission level. No solely private developments are permitted when a use is assigned an A- permission level.

2. Dependent on Most Permissive Adjoining Zone (A+)

   1. The subject use shall be permitted, restricted, or disallowed according to the most permissive set of use permissions, use standards, supplemental standards, and supplemental procedures applied to the same use by the Use District of any adjoining lot.

      1. Only joint public and private developments that are approved in accordance with the processes and procedures described in Sec. 13B.2.5. (Director Determination) shall be permitted when a use is assigned an A+ permission level. No solely private developments are permitted when a use is assigned an A+ permission level.

3. Special Findings for Adjoining Zoning (A- & A+)

   1. Regardless of Subsection A (Dependent on Most Restrictive Adjoining Zoning (A-)), when an A- permission level is indicated, any use that is not permitted by the most restrictive use permission applied to the same use by the Use District of any adjoining lot may be permitted by a Class 3 Conditional Use Permit. In addition to the other findings required by Sec. 13B.2.3. (Class 3 Conditional Use Permit), the City Planning Commission shall also find:

      1. The use provides a public benefit as a result of increased tax revenue or the provision of public facilities; and

      2. The benefit of the project providing the use is sufficient to outweigh any potential detriment to the public interest created by the proposed use of the land.

   2. Regardless of Subsection B (Dependent on Most Permissive Adjoining Zoning (A+)), when an A+ permission level is indicated, any use that is not permitted in the most permissive use permission applied to the same use by the Use District of any adjoining lot may be permitted by a Class 3 Conditional Use Permit. In addition to the other findings required by Sec. 13B.2.3. (Class 3 Conditional Use Permit), the City Planning Commission shall also find:

      1. The use provides a public benefit as a result of increased tax revenue or the provision of public facilities; and

      2. The benefit of the project providing the use is sufficient to outweigh any potential detriment to the public interest created by the proposed use of the land.

When a double-dash line (--) is indicated as the permission level for a use, the use is not permitted. A -- permission level signifies that under no circumstances shall the use be allowed to be established in the Use District.