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Chapter 14.40
PERMISSIBLE USES

Sections:

14.40.010    Table of Permissible Uses

14.40.020    Use of the Designations P, A, C in Table of Permissible Uses

14.40.030    Jurisdiction over Uses Otherwise Permissible

14.40.040    Permissible and Prohibited Uses

14.40.050    Accessory Uses

14.40.060    Permissible Uses Not Requiring Permits

14.40.070    Change in Use

14.40.080    Combination Uses

14.40.090    More Specific Use Controls

14.40.010 Table of Permissible Uses.

Table 14.40-I, the Table of Permissible Uses, sets forth the permissible uses for the various zoning districts in the City, subject to other applicable provisions in this title. It should be read in close conjunction with the definitions of terms set forth in Section 14.08.010 and the other interpretative provisions set forth in this chapter. (Ord. 811, Sec. 31, 2010; Ord. 676, Sec. 23, 2003; Ord. 468, 1995)

14.40.020 Use of the Designations P, A, C in Table of Permissible Uses.

(a)    The Table of Permissible Uses (Table 14.40-I) sets forth which uses are permitted in which zones. The letter “P” means the use is permitted or allowed in the indicated zone district subject to all code requirements of this title. The letter “A” means the use requires an administrative conditional use permit, and the letter “C” means the use requires a conditional use permit. No letter means that use is not permitted in the indicated zone district.

(b)    When used in connection with residential uses (use classification 1.000), the designation “PAC” means that such developments of less than five dwelling units are a permitted use when code requirements are met, developments of five or more but less than 13 dwelling units need an administrative conditional use permit, and developments of 13 or more dwelling units require a conditional use permit.

(c)    When used in connection with nonresidential uses, the designation “PA” means that such developments are permitted if the lot to be developed is less than one acre in size, and the designation “PC” means that an administrative conditional or conditional use permit is required if the lot is one acre or larger in area.

(d)    Use of the designation PAC for combination uses is explained in Section 14.40.080. (Ord. 811, Sec. 32, 2010; Ord. 798, Sec. 3, 2009; Ord. 676, Sec. 24, 2003; Ord. 590, 1998; Ord. 468, 1995)

14.40.030 Jurisdiction over Uses Otherwise Permissible.

Whenever this title provides that a use in a nonresidential zone or a nonconforming use in a residential zone is permissible, an administrative conditional use permit shall nevertheless be required if the Planning Director finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the Planning Director shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question. (Ord. 811, Sec. 33, 2010; Ord. 676, Sec. 25, 2003; Ord. 468, 1995)

14.40.040 Permissible and Prohibited Uses.

(a)    The presumption established by this title is that all legitimate uses of land are addressed within the Table of Permissible Uses, and are either allowed or not allowed thereby. But because the list of permissible uses set forth at the end of this chapter cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.

(b)    Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:

(1)    Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the City’s fire prevention code.

(2)    Stockyards, slaughterhouses, rendering plants.

(3)    Use of a travel trailer, motor home, or other recreational vehicle as a permanent residence. Recreational vehicles may be used as a temporary guest residence for up to two weeks without a permit, or up to three months within any one consecutive year upon approval by the Planning Director. Situations that do not comply with this subsection on the effective date of the ordinance codified in this title are required to conform within one year.

(4)    Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted. This prohibition does not apply to temporary public services, such as bookmobiles, blood donation centers, public service information, etc., or temporary food vendors allowed pursuant to Sections 14.44.400 and 14.44.410 (situations that do not comply with this subsection on the effective date of the ordinance codified in this title are required to conform within 30 days). (Ord. 811, Sec. 34, 2010; Ord. 676, Sec. 26, 2003; Ord. 468, 1995)

14.40.050 Accessory Uses.

(a)    The Table of Permissible Uses (referenced in Section 14.40.010 and found at the end of this chapter) classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or is commonly associated with the principal use and integrally related to it, then it may be regarded as accessory to the principal use, and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multifamily development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require an administrative conditional use permit (use classification 6.210).

(b)    For purposes of interpreting subsection (a) of this section:

(1)    A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use;

(2)    To be “commonly associated” with a principal use it is not necessary for an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.

(c)    Without limiting the generality of subsections (a) and (b) of this section, the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:

(1)    Home occupations.

(2)    Hobbies or recreational activities of a noncommercial nature.

(3)    The renting out of one or two rooms within a single-family residence (which one or two rooms do not themselves constitute a separate dwelling unit) other than on a daily or weekly basis to not more than two persons who are not part of the family that resides in the single-family dwelling.

(4)    Yard sales or garage sales, so long as such sales are not conducted on the same lot for more than three days (whether consecutive or not) during any 30-day period.

(d)    Without limiting the generality of subsections (a) and (b) of this section, the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts.

(1)    Storage outside of a substantially enclosed structure of more than one motor vehicle that is unlicensed and nonoperational for a period of more than three months.

(2)    Parking outside a substantially enclosed structure or a vehicle accommodation area of more than four motor vehicles between the building setback of the principal building and the street on any lot used for purposes that fall within the following principal use classifications: 1.100, 1.200, or 1.400.

(e)    When a land use permit is applied for, all anticipated accessory uses shall be explicitly disclosed, and made part of the findings. Subsequent accessory uses not disclosed shall be subject to the permit modification requirements of Section 14.16A.235 prior to commencing. (Ord. 811, Sec. 35, 2010; Ord. 676, Sec. 27, 2003; Ord. 468, 1995)

14.40.060 Permissible Uses Not Requiring Permits.

Notwithstanding any other provisions of this title, no land use approval, administrative conditional use, or conditional use permit is necessary for the following uses:

(1)    Streets.

(2)    Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.

(3)    Neighborhood utility facilities located within a public right-of-way with the permission of the owner (State or town) of the right-of-way. (Ord. 811, Sec. 36, 2010)

14.40.070 Change in Use.

A change of use of property shall be reviewed pursuant to Section 14.16C.030. (Ord. 811, Sec. 37, 2010; Ord. 468, 1995)

14.40.080 Combination Uses.

(a)    When a combination use comprises two or more principal uses that require different types of permits (permitted use, administrative conditional use, or conditional use), then the permit authorizing the combination use shall be:

(1)    A conditional use permit if any of the principal uses combined requires a conditional use permit.

(2)    An administrative conditional use permit if any of the principal uses combined requires an administrative conditional use permit but none requires a conditional use permit.

(3)    A permitted use requiring Planning Director approval in all other cases. This is indicated in the Table of Permissible Uses by the designation PAC in a column.

(b)    When a combination use consists of a single-family detached residential subdivision and two-family or multifamily uses, the total density permissible on the entire tract shall be determined by having the developer indicate on the plans the portion of the total lot that will be developed for each purpose and calculating the density for each portion as if it were a separate lot.

(c)    When a combination use consists of a single-family detached and two-family or multifamily uses, then the total density permissible on the entire tract shall be determined by dividing the area of the tract by the minimum square footage per dwelling unit specified in Section 14.48.020. (Ord. 811, Sec. 38, 2010; Ord. 676, Sec. 28, 2003; Ord. 468, 1995)

14.40.090 More Specific Use Controls.

Whenever a development could fall within more than one use classification in the Table of Permissible Uses (referenced in Section 14.40.010 and found at the end of this chapter), the classification that most closely and most specifically describes the development controls. For example, a small doctor’s office or clinic clearly falls within the 3.110 classification (office and service operations conducted entirely indoors and designed to attract customers or clients to the premises). However, classification 3.130, “office or clinics of physicians or dentists with not more than 10,000 square feet of gross floor area” more specifically covers this use and therefore is controlling. (Ord. 468, 1995)

TABLE 14.40-I: TABLE OF PERMISSIBLE USES BY ZONES
 

A blank box indicates a use is not allowed in a specific zone. Note: Reference numbers within matrix indicate special conditions apply. P - Permtted Use; A - Administrative Conditional Use; C - Conditional Use (See Section 14.40.020 for explanation of combinations)

USE DESCRIPTIONS

SR

WR

UR

HUR

MFR

NC4

LB

CBD

MU1

PBD5

SRC

LI

GI

P/SP

1.000

RESIDENTIAL

1.100

Single-Family Residences

1.110

Single-family detached, one dwelling unit per lot

1.111

Site-built & modular structures

P

P

P

P

P

P

1.112

Class A mobile home

P

P

P

P

P

1.113

Class B mobile home

P

P

P

P

P

1.114

Class C mobile home

1.115

Class A, B, or C mobile home or apartment used exclusively for a night watchman and his/her family

A

A

1.116

Single-family apartment above permitted nonresidential use

P

P

PA

PA

P

1.120

Single-family detached, more than one dwelling unit per lot3

1.121

Site-built and modular structures

PAC

P

1.122

Class A, B or C mobile home parks

PAC

PAC

PAC

PAC

PAC

1.123

Single-family apartment above permitted nonresidential use

PA

PA

PA

PA

P

P

1.124

Cottage housing developments11

PAC

PAC

PAC

PAC

PAC

P

1.130

Single-family attached, one dwelling unit per lot, site-built and modular structures

P

P

P

P

P

P

1.200

Two-Family Residences

1.210

Two-family conversion

P3

P3

P3

P

P

1.220

Primary residence with accessory apartment

P3

P3

P3

P3

P

P

1.230

Duplex

P3

P3

P3

P

P10

P

1.240

Two-family apartment

P

P10

P

1.250

Any 1.200 use above a permitted nonresidential use

P

PA

PA

PA

P

P

1.300

Multifamily Residences

1.310

Multifamily conversions

P

P

PA

1.320

Multifamily townhouses

PAC

P

P10

P

1.330

Multifamily apartments

P

P10

P

1.340

Any 1.300 use above a permitted nonresidential use

PA

PA

PA

P

PC

1.400

Health and Social Service

1.410

Level 1

P

P

P

P

P

P

P

A

1.420

Level 2

C

C

P

P

A

1.430

Level 3

P

P

P

P

P

P

A

1.440

Group homes licensed for juvenile offenders

C

C

C

C

C

PA

PA

PA

1.500

Miscellaneous, Rooms for Rent Situations

1.510

Rooming houses, boarding houses

A

PA

PA

PA

P

1.520

Tourist homes and other temporary residences renting by the day or week

A

A

A

A

A

PA

PA

PA

P

1.530

Hotels, motels, and similar businesses or institutions providing overnight accommodations

C

PA

PC

PC

P

C

1.600

In-Home Day Care

P

P

P

P

P

P

P

P

1.700

Temporary Emergency, Construction, and Repair Residences

P

P

P

P

P

P

P

P

P

P

P

P

P

1.800

Home Occupations

P

P

P

P

P

P

P

P

P

P

P

P

P

1.900

Planned Residential Developments

C

C

C

C

2.000

SALES AND RENTAL OF GOODS, MERCHANDISE AND EQUIPMENT2

2.100

No Storage or Display of Goods Outside Fully Enclosed Building (except for sidewalk displays, occasional/temporary sales, or horticultural sales occupying less than 200 square feet)

2.110

High-volume traffic generation

2.111

Miscellaneous2

PA

PA

PA

P

P

PA

PC

PC

PA

2.112

Convenience stores2

A

PA

PA

P

P

PA

PC

PC

PA

2.120

Low-volume traffic generation2

PA

PA

P

PA

PC

PC

PA

2.130

Wholesale sales2

PA

PC

PC

PA

2.200

Storage and Display of Goods Outside Fully Enclosed Building Allowed

2.210

High-volume traffic generation2

PA

PA

P

PA

PC

PC

PA

2.220

Low-volume traffic generation2

PA

PA

P

PA

PC

PC

PA

2.230

Wholesale sales2

PA

PC

PC

PA

2.300

Mobile Sales and Delivery (Vending Carts, Ice Cream Trucks, Mobile Delivery, Peddlers, and Similar Uses) (See Section 14.44.080)2

P

P

P

P

P

P

P

P

P

P

P

P

P

P

2.400

Any Retail Sales, Rental, or Services Compatible with Regional Recreation Facilities and Primarily Intended to Cater to Users of Such Facilities2

PC

PC

P

PC

PC

PC

3.000

OFFICE, CLERICAL, RESEARCH AND SERVICES NOT PRIMARILY RELATED TO GOODS OR MERCHANDISE2

3.100

All Operations Conducted Entirely Within Fully Enclosed Building

3.110

Operations designed to attract and serve customers or clients on the premises, such as the offices of attorneys, physicians, other professions, insurance and stock brokers, travel agencies, government office buildings, etc. 2

PA

PA

PA

P

PA

PA

3.120

Operations designed to attract little or no customer or client traffic other than employees of the entity operating the principal use2

PA

PA

PA

P

PA

PA

3.130

Office or clinics of physicians or dentists with not more than 10,000 square feet of gross floor area2

PA

PA

PA

PA

P

PA

PA

3.200

Operations Conducted Within or Outside Fully Enclosed Building

3.210

Operations designed to attract and serve customers or clients on the premises2

P

PC

PC

3.220

Operations designed to attract little or no customer or client traffic other than the employees of the entity operating the principal use2

P

PC

PC

3.230

Banks with drive-in windows2,9

PA

PA

P

PC

4.000

MANUFACTURING, PROCESSING, CREATING, REPAIRING, RENOVATING, PAINTING, CLEANING, ASSEMBLING OF GOODS, MERCHANDISE AND EQUIPMENT6