Chapter 15A.04
PERMITTED LAND USES1
Sections:
15A.04.010 Purpose.
15A.04.020 Land Use Classification System.
15A.04.030 Table of Permitted Land Uses.
15A.04.040 Unclassified Uses.
15A.04.050 Accessory Uses.
15A.04.055 Drive-thru Facilities.
15A.04.060 Yard Sales.
15A.04.070 Caretaker Dwellings.
15A.04.080 Swimming Pools.
15A.04.090 Home Occupations.
15A.04.100 Temporary Use Permits.
15A.04.110 Temporary Hardship Unit Permits.
15A.04.115 Standards for Mobile/Manufactured Home Parks.
15A.04.120 Placement of Mobile/Manufactured Homes in Residential Districts.
15A.04.125 Placement of Modular Nonresidential Structures.
15A.04.130 Placement of Communication Towers.
15A.04.010 Purpose.
For any particular district, there are some uses that are consistent with the intent and character of the zoning district; some uses that may be consistent if careful site design neutralizes the adverse characteristics of the use or site; and other land uses that, regardless of site design, are not consistent with the intent or character of the district. The purpose of this chapter is to establish the degree to which each land use is permitted in each district and establish the appropriate level of review for each land use in terms of the specific standards and requirements of each district.
(Ord. 10-1985 § 1 (part), 1986).
15A.04.020 Land Use Classification System.
Land uses within each zoning district shall be classified into four principal categories as follows:
(1) Class 1. Class 1 uses not requiring Class 2 review are permitted provided that district standards are met. The building official shall use the procedures in Chapter 15A.13 to review Class 1 uses and associated site improvements for compliance with the provisions and standards of the district. Class 1 uses require Class 2 review when:
(a) All or part of the development, except for agricultural buildings, single-family dwellings, and duplexes is in the floodplain or greenway overlay districts; or,
(b) All or part of a planned residential development, mobile home park or multifamily dwelling is in the airport overlay district; or
(c) The proposed use includes hazardous materials; or
(d) The applicant requests adjustment of one or more of the specific development standards pursuant to Section 15A.10.020.
(2) Class 2. Class 2 uses are generally permitted in the district. However, the compatibility between a Class 2 use and the surrounding environment cannot be determined in advance and occasionally a Class 2 use may be incompatible at a particular location. Therefore, Class 2 review by the administrative official is required in order to promote compatibility with the intent and character of the district and the objectives and development criteria of the Yakima urban area comprehensive plan. The administrative official may approve, deny or impose conditions on the proposed use and site improvements.
The procedures in Chapter 15A.14 shall be used to review and evaluate Class 2 uses.
(3) Class 3. Class 3 uses are generally not permitted in a particular district, but may be allowed by the hearing examiner after Class 3 review and public hearing. The hearing examiner may approve, deny or impose conditions on, the proposed use and site improvements to promote compatibility with the intent and character of the district and the objectives and development criteria of the Yakima urban area comprehensive plan.
The procedures in Chapter 15A.15 shall be used to review and evaluate Class 3 uses.
(4) Uses Not Permitted. Uses listed in Table 4-1* set out in this chapter, and not classified 1, 2 or 3 in a particular district, are not permitted in that district.
When two or more uses are proposed in the same project, the entire project shall be subject to the level of review required by the highest classified use, Class 3 uses being higher than Class 2, and Class 2 uses being higher than Class 1.
(Ord. 10-1985 Mod. 6 § 12, 1987; Ord. 10-1985 § 1 (part), 1986).
15A.04.030 Table of Permitted Land Uses.
Table 4-1, titled Permitted Land Uses is incorporated as part of this section. Each permitted land use listed in Table 4-1* is designated a Class 1, 2 or 3 use for a particular zoning district. In addition, some Class 1 uses may require Class 2 review in accordance with Section 15A.04.020(1). All permitted land uses and associated site improvements are subject to the design standards and review procedures of this title.
(Ord. 1-2001 (part), 2001: Ord. 16-1998 § 5, 1998: Ord. 9-1995 § 2, 1995; Ord. 4-1995 §§ 3, 4, 1995; Ord. 3-1993 § 16, 1993: Ord. 10-1985 Mod. 12 § 6, 1988: Ord. 10-1985 Mod. 6 § 13, 1987; Ord. 10-1985 § 1 (part), 1986).
15A.04.040 Unclassified Uses.
Any use not listed in Table 4-1* is an unclassified use and shall be permitted only in those districts so designated by the hearing examiner. Any unclassified use permitted in a particular zoning district shall be allowed only as a Class 2 or 3 use. The hearing examiner shall follow the provisions of Chapter 15A.22 when determining which zoning districts are appropriate for a particular unclassified use.
(Ord. 10-1985 § 1 (part), 1986).
15A.04.050 Accessory Uses.
(1) Generally. An accessory use is a use customarily incidental and subordinate to the principal use of a structure or site. Accessory uses are permitted upon compliance with the terms and provisions of this title. They must be clearly secondary to, supportive of, and must be compatible with the principal use(s) and consistent with the purpose and intent of the zoning district. The land use classification and review requirements of an accessory use shall be the same as that of the principal use(s), unless otherwise specified.
(2) On-Site Hazardous Waste Treatment and Storage. Outside hazardous waste treatment and storage is permitted as an accessory use in the SR, B-1, B-2, SCC, LCC, CBD, CBDS, M-1 and M-2 districts, subject to state citing criteria in the Washington Administrative Code adopted pursuant to the requirements of Chapter 70.105 RCW.
(3) Garages. Private garages are permitted as an accessory use provided that in residential districts they are primarily used to store motor vehicles that are used by the occupants of the primary site use.
(4) Pets are permitted as an accessory use, provided that in residential districts they are subject to following restrictions. (See Section 15A.02.020(94), definition of kennel).
(a) They are a domesticated animal kept for pleasure or as a hobby rather than utility, such as fish, birds, dogs and cats, except such as to constitute a kennel;
(b) Their presence does not create undue noise or odors such as would create a nuisance or diminish the residential nature of the neighborhood;
(c) Such animals are properly fed, watered and kept in a humane manner.
(Ord. 3-1993 § 17, 1993: Ord. 10-1985 Mod. 12 § 7, 1988: Ord. 10-1985 § 1 (part), 1986).
15A.04.055 Drive-Thru Facilities.
(1) Review Required. Any commercial use having a drive-thru service window or booth shall require one higher level of review than shown in Table 4-1*, except:
(a) Those noted as Class 3 review which will remain Class 3 review; and
(b) Financial institutions or properties that do not abut residential zones.
Such “drive-thru” facilities mean a window or station for providing service to customers who remain in their vehicle to conduct a business transaction, excluding gas stations and car washes.
(2) Purpose. Such review is required in recognition of the potential impacts of drive-thru uses on adjoining residential uses and arterial systems.
(3) Elements of Review. Review is intended to modify or mitigate negative impacts upon adjoining residential uses and arterial systems. It shall include consideration of impacts of noise and fumes to residential uses; of impacts to traffic flow and carrying capacity to arterial system.
(Ord. 3-1993 § 18, 1993).
15A.04.060 Yard Sales.
Yard or garage sales shall be permitted as an accessory use to a dwelling provided all of the following provisions are met:
(1) Only two yard sales per dwelling unit per year shall be allowed; and
(2) Each yard sale shall not exceed three days in duration.
(Ord. 10-1985 § 1 (part), 1986).
15A.04.070 Caretaker Dwellings.
Caretaker dwellings or shelters for the occupancy of guards, watchmen, or caretakers are permitted as accessory uses in the CBDS, M-1 and M-2 districts. Caretaker dwellings or shelters are also permitted in the B-2, SCC, LCC and CBD districts when the dwelling is located within the structure used for the principal use.
(Ord. 10-1985 Mod. 6 § 14, 1987; Ord. 10-1985 § 1 (part), 1986).
15A.04.080 Swimming Pools.
Swimming pools are permitted as an accessory use to dwellings, hotel/motels, boarding houses, retirement homes and other residential uses, schools, and recreational facilities when all of the following provisions are met:
(1) Setbacks.
(a) Front Yard. The swimming pool, apron and pump house meet the required front yard setback in Table 5-1, set out at the end of Chapter 15A.05.
(b) Side and Rear Yard. The swimming pool and pumphouse are setback at least three feet from the property line. The swimming pool apron may extend up to the property line.
(c) From an Easement. The swimming pool, apron and pumphouse may extend up to, but shall not encroach upon, an easement.
(2) Fencing. The area around the pool is enclosed by a protective fence not less than four feet in height.
(Ord. 10-1985 § 1 (part), 1986).
15A.04.090 Home Occupations.
(1) Purpose. The conduct of business within a property may be permitted in the residential districts under the provisions of this section. It is the intent of this section to:
(a) Insure the compatibility of home occupations or other uses permitted in the residential districts; and
(b) Maintain and preserve the character of residential neighborhoods; and
(c) Promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and constructed, rather than commercial uses.
(2) Table of Permitted Home Occupations. Table 4-2, titled Permitted Home Occupations is incorporated as a part of this section. Each permitted home occupation listed in Table 4-2* is designated as a Class 1, 2 or 3 use for a particular residential zoning district. All permitted home occupations are subject to the standards of this title, including the specific conditions of subsection (3) of this section and the applicable review procedures of Chapters 15A.13, 15A.14 and 15A.15. Specific uses not permitted as home occupations are listed in subsection (7) of this section.
(3) Necessary Conditions. Home occupations are permitted as an accessory use to the residential use of a property only when all the following conditions are met:
(a) The home occupation is conducted inside a structure within property on which is established the primary residence of the practitioner(s).
(b) The home occupation is incidental and subordinate to the residential functions of the property. No action related to the home occupation shall be permitted that impairs reasonable residential use of the dwelling.
(c) There are no external alternations to the building which changes its character from a dwelling.
(d) The portion of the structure, or facilities in which a home occupation is to be sited must be so designed that it may be readily converted to serve residential uses.
(e) The business is conducted in a manner that will not alter the normal residential character of the premises by the use of color, materials, lighting and signs, or the emission of noise, vibration, dust, glare, heat, smoke or odors.
(f) The home occupation does not generate materially greater traffic volumes than would normally be expected in the residential neighborhood.
(g) There is no outside storage or display of any kind related to the home occupation.
(h) The home occupation does not require the use of electrical or mechanical equipment that would change the fire rating of the structure.
(i) The home occupation does not require the use of electrical equipment that exceeds FCC standards for residential use.
(j) The home occupation does not increase water or sewer use so that the combined total use for the dwelling and home occupation is significantly more than the average for residences in the neighborhood.
(k) A business license is purchased where required.
(l) The home occupation is conducted only by immediate family members residing in the dwelling.
(m) All stock in trade kept for sale on the premises is produced on-site by hand without the use of automated or production line equipment.
In granting approval for a home occupation, the reviewing official may attach additional conditions to insure the home occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood. Any home occupation authorized under the provisions of this title shall be open to inspection and review at all reasonable times by the building and enforcement official for purposes of verifying compliance with the conditions of approval and other provisions of this title.
(4) Nameplates. Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation (e.g., John Jones, Accountant). The nameplate shall be attached to the dwelling but shall not exceed two square feet in area or be illuminated.
(5) Application, Fee, and Review Period. Application for a home occupation shall be made in accordance with the provisions of Chapter 15A.11, except as noted, and shall be accompanied by the appropriate filing fee.
(a) The administrative official may waive part or all of the requirements for a site plan for Class 1 home occupations.
(6) Unclassified Home Occupations – Review by the Hearing Examiner. Home occupations not listed in Table 4-2* and subsection (7) of this section shall be reviewed by the hearing examiner in accordance with provisions of Chapter 15A.22. Provided, any unclassified home occupation permitted after review and decision by the hearing examiner in a particular district shall be allowed only as a Class 2 or 3 use.
(7) Home Occupations Not Permitted. The following uses, by the nature of their operation or investment, have a pronounced tendency, once started, to increase beyond the limits permitted for home occupations and impair the use and value of a residentially zoned area for residential purposes. Therefore, the uses listed below shall not be permitted as home occupations:
(a) Auto repair;
(b) Antique shop or gift shop;
(c) Kennel;
(d) Veterinary clinic or hospital;
(e) Painting of vehicles, trailers or boats;
(f) Large appliance repair including stoves, refrigerators, washers and dryers;
(g) Upholstering;
(h) Machine and sheet metal shops;
(i) Martial arts school;
(j) Taxidermist;
(k) Two-way radio and mobile telephone system sales and service;
(l) Vehicle sign painting (except for the application of decals).
(8) Denial of Application for a Home Occupation. An application for a home occupation shall be denied if the reviewing official finds that either the application or record fail to establish compliance with the provisions of this chapter. When any application is denied, the reviewing officer shall state the specific reasons, and shall cite the specific provisions and sections of this title on which the denial is based.
(9) Parking. The administrative official shall determine parking requirements for home occupations, as provided by Section 15A.06.040(2). This determination may be guided by, but not restricted by, the standards of Chapter 15A.06.
(Ord. 3-1993 § 19, 1993: Ord. 10-1985 Mod. 6 §§ 15, 16, 17, 1987; Ord. 10-1985 § 1 (part), 1986).
15A.04.100 Temporary Use Permits.
Temporary use permits may be issued by the building official for temporary structures and associated site improvements used for the storage of equipment, or supervisory offices in connection with major construction projects. Provided, that such temporary structures and associated site improvements may not be maintained for more than one year. The building official may extend this period for one additional year.
(Ord. 10-1985 § 1 (part), 1986).
15A.04.110 Temporary Hardship Unit Permits.
In addition to the maximum number of dwelling units permitted on a lot, a mobile/manufactured home may be permitted as a temporary use in all zoning districts. Applications for a temporary hardship unit permit shall be subject to Class 2 review and shall only be issued when all of the following conditions are met:
(1) The applicant provides a physician’s statement certifying the accessory living quarters are for a person(s) requiring daily care or supervision.
(2) The temporary hardship unit meets the minimum setback and height standards for principal uses in the applicable district.
(3) The temporary hardship units and principal dwelling together do not exceed the lot coverage standards for the applicable district.
(4) The temporary hardship unit has an approved sewage disposal system, water supply and electrical connection prior to occupancy.
(5) The approval of the unit will not materially harm the public interest, the intent of the district, or the character of the neighborhood.
(6) No rent, fee, payment or charge in lieu thereof may be made between the recipient and providers of special care for use of the temporary hardship unit.
Only one temporary hardship unit shall be permitted on a parcel.
Temporary hardship unit permits shall be subject to annual renewal, at which time the building official/planning department shall review and certify the justification for continuation of the use, or terminate the permit. The temporary hardship unit shall be removed within ninety days from termination of the use or revocation of the permit. The responsibility for applying for and obtaining an extension of the temporary use permit shall be solely that of the permit holder.
(Ord. 10-1985 Mod. 6 § 18, 1987; Ord. 10-1985 § 1 (part), 1986).
15A.04.115 Standards for Mobile/Manufactured Home Parks.
(1) Purpose. The purpose of this section is to establish standards and criteria for development and expansion of mobile/manufactured home parks within the urban area. These standards are provided to ensure uniform, coordinated development of mobile/manufactured home parks and to ensure the general health, welfare and safety of the occupants of mobile/manufactured homes that may be located within a park developed under these standards. These standards shall be applied in a manner that stresses minimizing costs. Alternatives that reduce costs and meet the intent of these standards will be encouraged.
(2) Site Plan Requirements. All proposals for mobile/manufactured home parks shall include a site plan based upon a land survey drawn by a licensed architect, engineer or surveyor and shall include the following information in addition to the standard information required for site plans:
(a) All spaces shall be clearly delineated on the site plan and include dimensions and square footage for each space;
(b) A building envelope shall be shown within each space;
(c) Unit setbacks shall be shown for each space;
(d) The location of required parking for each unit shall be shown on the site plan;
(e) Streets shall be shown on the site plan;
(f) Signage for the park and directional signage shall be shown on the site plan;
(g) The location of all solid waste containers and screening of containers shall be shown on the site plan;
(h) All facilities, utilities, improvements and amenities shall be shown on the site plan, including pathways, sidewalks, and recreational facilities.
(3) Development Standards. All mobile/manufactured home parks shall be developed in compliance with the underlying zoning district and shall be in compliance with this section. The density of a park or park expansion shall not exceed the density of the underlying zoning district. All required site improvements shall be installed prior to placement of units in the park. Additional site improvements may be required by the reviewing official.
(a) Minimum Space Size and Width. The minimum space size and width for a mobile/manufactured home park exclusive of streets shall meet the lot size, lot width and all other standards for detached single-family dwellings, as shown in Table 5-2* of this title. Space size may be reduced with the provision of improvements in accordance with the following:
(i) Provision of Recreational Areas. Space size requirements of the underlying district may be reduced by a maximum of ten percent with the provision of a developed recreational area for use by the residents. The area shall be suitable for active recreation and shall consist of a minimum of ten percent of the park area.
(ii) Provision of Sidewalks. Space size requirements of the underlying district may be reduced by a maximum of ten percent with the provision of sidewalks a minimum of four feet in width, serving at least one side of each street and all recreational areas.
(iii) Provision of Curbs, Gutters and Sidewalks. Space size requirements of the underlying district may be reduced by a maximum of ten percent with the provision of curbs, gutters and sidewalks on both sides of the street.
(iv) Cumulative Space Size Reduction. Space size may be reduced up to twenty percent with the provision of any combination of items (a) through (c) above.
(b) Internal Street Paving. A minimum of twenty-four feet of paved internal street shall be required for access to each unit, paved in accordance with Section 15A.06.110 of this title.
(c) Off-Street Parking. Two paved off-street parking spaces shall be provided for each unit in accordance with this title, Chapter 15A.06.
(d) Street Lighting. A street light shall be provided at each street intersection within the park.
(e) Right-of-Way Dedication and Frontage Improvements. Appropriate provisions for right-of-way dedication and right-of-way improvements adjacent to the park shall be made, including street paving, sidewalks, curb, gutter, and street lighting. Improvements shall be installed prior to placement of units in the park, unless an appropriate bond or instrument acceptable to the county is provided to guarantee installation of improvements.
(f) Street Signs and Internal Directional Signs. All streets within the park shall be named utilizing street signs consistent with Yakima County public works department standards. Internal directional signs indicating unit/space numbers shall be placed at all street intersections within the park.
(g) Utilities. All utilities, including irrigation and domestic water and sewer, shall be installed prior to placement of units in the park. All utilities, including electrical distribution, telephone, and cable TV, shall be installed underground. The internal water system shall include fire hydrants located at the direction of the City of Yakima fire department or appropriate county department.
(h) Minimum Unit Separation. Units shall be separated by a minimum of ten feet, measured from the furthest extremity of each unit, including stairways.
(i) Perimeter Sitescreening and Landscaping. The perimeter of a park shall be sitescreened with a six-foot-high, view-obscuring fence and shall include at a minimum a ten-foot-wide landscape strip adjacent to the fence and within the park consisting of a combination of shrubs, trees and groundcover. Trees shall be planted no more than thirty feet apart.
(j) Stormwater Drainage. All stormwater drainage shall be retained on site, and a drainage plan shall be approved by the county.
(k) Dumpsters/Solid Waste Containers. Dumpsters and solid waste containers shall be provided for common use and shall be screened with a six-foot-high, view-obscuring fence or wall and access gate.
(l) Play Area Requirement. Each unit shall provide a play area for children contained within the unit’s space, consisting of a minimum size of 600 square feet and a minimum width of 15 feet.
(4) Expansion of Existing Mobile/Manufactured Home Parks. All standards of this section shall apply to expansion of existing mobile home parks. The standards shall not apply to existing areas of a park not being expanded. The Examiner may, at his or her discretion, reduce one or more standards of this section for newly expanded areas of a park if expansion plans also include improvements to the existing park area.
(5) Maintenance of Common Areas, Landscaping and Open Space/Recreational Areas. All common areas and facilities, including streets, walkways, utilities, landscaping, storage areas, open space and recreational areas, shall be continuously maintained in good condition by the park owner or designated homeowner’s association. An irrigation system shall be installed for maintenance of landscaping and recreational/open space areas that would normally require irrigation.
(6) Development Under Planned Development Provisions of This Ordinance. Development of a mobile/manufactured home park may be accomplished under the planned development provisions of this title.
(Ord. 16-1998 § 6, 1998).
15A.04.120 Placement of Mobile/Manufactured Homes in Residential Districts.
(1) Purpose. The provisions established herein are intended to assure that the siting of a mobile/manufactured homes is harmonious with the surrounding residential uses and preserves the general character and integrity of the neighborhood.
(2) Table of Review Requirements for Mobile/Manufactured Homes. Table 4-3, titled Review Requirements for Mobile/Manufactured Homes, is incorporated as a part of this section. The table* indicates in which residential districts mobile/manufactured homes may be permitted as a Class 1, 2 or 3 use. All mobile/manufactured homes on individual lots are subject to the specific conditions of Section 15A.04.120(3) and the applicable review procedures of Chapters 15A.13, 15A.14 and 15A.15 of this title.
(3) Siting Standards. All mobile/manufactured homes shall be installed in compliance with applicable city and county codes. In addition, mobile/manufactured homes installed in the residential districts, not in mobile home parks, may be required to meet the following siting standards:
(a) Roof Slope. Roof slope shall be not less than a two-foot rise for each twelve feet of horizontal run.
(b) Roofing Materials. Roofing materials shall be compatible in appearance with surrounding site-built homes.
(c) Siding Materials. Siding materials shall be wood, masonite, or other material compatible with surrounding site-built homes.
(d) Pit Set. All mobile/manufactured homes shall be “pit set,” with the first-floor elevation no more than twelve inches above finished grade. The pit shall be of sufficient depth to accommodate eighteen inches clearance below the frame of the unit with crawl space access located near utility connections. The foundation shall be installed in compliance with the requirements of the Washington Administrative Code. Skirting or sidewalls shall be installed around the perimeter, and the tongue and axle shall be removed.
(4) Replacement of a Nonconforming Mobile Home on an Individual Lot with Another Mobile Home or Manufactured Home. Class 1 review shall be used to replace a nonconforming mobile home with another mobile home that is newer and the same size or larger. Class 1 review shall also be used to replace a nonconforming mobile home with a manufactured home. The modification provisions of Section 15A.17.050 of this title shall be used to replace a nonconforming mobile home with another mobile home that is older or smaller.
(5) Replacement of an Existing or Approved Manufactured Home on an Individual Lot with Another Manufactured Home. Class 1 review shall be used to replace an existing or approved manufactured home with another manufactured home that is newer and the same size or larger. The modification provisions of Section 15A.17.050 of this title shall be used to replace a manufactured home with another manufactured home that is older or smaller.
(6) Any manufactured home which is constructed after June 15, 1976, and which complies with the following requirements, may be sited in the same manner, and subject to the same conditions as a site-built home, any other provisions of this title to the contrary notwithstanding:
(a) Is a new manufactured home which has not previously been titled to a retail purchaser and is not a “used mobile home” as defined in RCW 82.45.032(2);
(b) Is set upon a permanent foundation, as specified by the manufacturer, and the space from the bottom of the home to the ground is enclosed by concrete or an approved concrete product which can either be load bearing or decorative;
(c) Is in compliance with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(d) Is thermally equivalent to the State Energy Code; and
(e) Meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.
(Ord. 6-2005 § 1, 2005: Ord. 4-1995 § 5, 1995; Ord. 3-1993 §§ 20, 21, 1993; Ord. 10-1985 Mod. 12 §§ 8 – 10, 1988: Ord. 10-1985 Mod. 6 §§ 19 and 20, 1987; Ord. 10-1985 § 1 (part), 1986).
15A.04.125 Placement of Modular Nonresidential Structures.
(1) Purpose. [The purpose of this section is] to assure public safety and compatibility with the general character and integrity of the district.
(2) Standards. Modular, nonresidential structures are permitted in all districts, subject to compliance with other standards of the district.
(3) Definition. A “modular nonresidential structure” [is a structure] manufactured with the intent of being transported to a fixed site and built in accordance with the Uniform Building Codes as adopted by the city/county.
(Ord. 3-1993 § 22, 1993).
15A.04.130 Placement of Communication Towers.
(1) Location. The following provisions shall govern the placement of communication towers within the urban area:
(a) Less than thirty-five feet in height: Exempt from the review and permit procedures of this title but must meet the minimum setbacks established in subsection (2)(a) of this section.
(b) Thirty-five to fifty-five feet in height and meeting the setback provisions of subsection (2)(b) of this section are also exempt from the review and permit procedures of this title.
(c) Thirty-five to fifty-five feet in height and not meeting the setback provisions of subsection (2)(b) of this section, Class 2 use in all districts.
(e) More than fifty-five feet in height, Class 3 use in the R-1, R-2, R-3, B-1 and SCC districts and a Class 2 use in the remaining districts.
(2) Setbacks. The following setback standards shall apply to communication towers:
(a) Minimum Setbacks. All communication towers shall meet the minimum front yard setback standards established in Table 5-1 set out at the end of Chapter 15A.05 for the district in which they are located and shall be set back at least ten feet from the side and rear property lines.
(b) Optional Setback. Communication towers thirty-five to fifty-five feet in height shall be a Class 1 use in all districts when an additional twelve inches from the required front, side and rear yards is provided for each eighteen additional inches of tower height above thirty-five feet.
(Ord. 10-1985 § 1 (part), 1986).
Table 4-1 Permitted Land Uses
TABLE 4-2 - PERMITTED HOME OCCUPATIONS
|
KEY |
ZONING DISTRICTS |
||||
|
1 Class 1 – Permitted Home Occupations |
SR |
R-1 |
R-2 |
R-3 |
B-1 |
|
2 Class 2 – Requires Review and Approval by the Administrative Official |
Suburban Residential |
Single-Family Residential |
Two-Family Residential |
Multi-Family Residential |
Profession Business |
|
3 Class 3 – Requires Public Hearing and Approval by the Hearing Examiner |
|||||
|
BLANK – Not Permitted |
|||||
|
Accountant |
1 |
1 |
1 |
1 |
|
|
Architect |
1 |
1 |
1 |
1 |
|
|
Artist, Author, Arts and Crafts |
1 |
1 |
1 |
1 |
|
|
Attorney |
1 |
1 |
1 |
1 |
|
|
Barbershop, Beauty Parlor |
2 |
2 |
2 |
2 |
|
|
Bed and Breakfast* |
1 |
2 |
1 |
1 |
|
|
Business Administration |
1 |
1 |
1 |
1 |
|
|
Cabinet, Millwork, Carpentry Work |
2 |
|
|
|
2 |
|
Catering Service |
2 |
2 |
2 |
2 |
2 |
|
Ceramics and Sculpting |
2 |
2 |
2 |
2 |
|
|
Composer |
1 |
1 |
1 |
1 |
|
|
Daycare and Family Home* |
1 |
1 |
1 |
1 |
1 |
|
Dentist |
1 |
2 |
2 |
2 |
|
|
Dog Grooming |
2 |
3 |
3 |
3 |
3 |
|
Dressmaker, Seamstress, Tailor |
1 |
1 |
1 |
1 |
|
|
Engineer |
1 |
1 |
1 |
1 |
|
|
Food Preparation* |
1 |
2 |
1 |
1 |
1 |
|
Home Instruction:* 1 - 5 Students |
1 |
1 |
1 |
1 |
1 |
|
6 - 8 Students |
2 |
2 |
2 |
2 |
2 |
|
Insurance Agent |
1 |
1 |
1 |
1 |
|
|
Locksmith |
1 |
2 |
2 |
1 |
1 |
|
Photographer (not including production studios) |
1 |
2 |
2 |
2 |
|
|
Physician |
1 |
2 |
2 |
2 |
|
|
Product Assemblage* |
1 |
2 |
2 |
2 |
1 |
|
Music Teacher |
1 |
1 |
1 |
1 |
|
|
Production of Small Articles by Hand Without the Use of Automated or Production Line Equipment |
1 |
2 |
2 |
2 |
|
|
Radio, Television and Small Appliance Repair |
2 |
2 |
2 |
2 |
|
|
Real Estate Agent |
1 |
1 |
1 |
1 |
|
|
Secretarial, Phone Answering, Desktop Publishing Service* |
1 |
1 |
1 |
1 |
|
|
Small Engine Repair |
2 |
|
|
|
|
|
Wedding Service |
2 |
2 |
2 |
2 |
2 |
|
Unclassified Home Occupations |
See § 15A.04.090(6) |
||||
|
NOTES: |
|
|
1. |
* Refers to definition in Chapter 15A.02. |
Referenced tables are set out at the end of this chapter.