Chapter 18.25
PERMITTED USES

Sections:

18.25.010    Establishment of uses.

18.25.020    Interpretation of land use tables.

18.25.025    Land use tables with DN zones.

18.25.030    Residential land uses.

18.25.040    Recreational/cultural land uses.

18.25.050    General services land uses.

18.25.060    Government/business services land uses.

18.25.070    Retail land uses.

18.25.080    Manufacturing land uses.

18.25.090    Resource land uses.

18.25.100    Regional land uses.

18.25.105    Permitted land uses.

18.25.110    Applicability – Ordinance.

18.25.010 Establishment of uses.

The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied, or maintained. The use is considered permanently established when that use will or has been in continuous operation for a period exceeding 60 days. A use which will operate for less than 60 days is considered a temporary use, and subject to the requirements of Chapter 18.85 CMC. (Ord. 42-02 § 2 (21A.08.010))

18.25.020 Interpretation of land use tables.

(1) The land use tables in this chapter determine whether a use is allowed in a zone district. The zone district is located on the vertical column and the use is located on the horizontal row of these tables.

(2) If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district, except for certain temporary uses.

(3) If the letter “P” appears in the box at the intersection of the column and the row, the use is allowed in that district subject to the review procedures specified in Chapters 14.30 and 18.115 CMC and the general requirements of the code.

(4) If the letter “C” appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use review procedures specified in Chapters 14.30 and 18.115 CMC and conditional use fees as set forth in the current fee resolution, and the general requirements of the code.

(5) If the letter “S” appears in the box at the intersection of the column and the row, the use is permitted subject to the special use permit review procedures specified in Chapters 14.30 and 18.115 CMC and the general requirements of the code.

(6) If a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of the code and the specific conditions indicated in the development condition with the corresponding number immediately following the land use table.

(7) If more than one letter-number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the review process indicated by the letter, the general requirements of the code and the specific conditions indicated in the development condition with the corresponding number immediately following the table.

(8) All applicable requirements shall govern a use whether or not they are cross-referenced in a section. (Ord. 20-07 § 114; Ord. 42-02 § 2 (21A.08.020))

18.25.025 Land use tables within DN zones.

The land use tables set forth in CMC 18.25.030 through 18.25.100, inclusive, shall not apply to any property within any designated DN zone in the City. The appropriate land use table for property located within any DN zone is set forth in CMC 18.25.105. (Ord. 32-05 § 1)

18.25.030 Residential land uses.

KEY

 

 

 

 

 

 

 

 

 

 

 

P – Permitted Use

C – Conditional Use

S – Special Use

 

 

 

 

 

 

 

 

 

 

 

 

 

Resource

Residential

Commercial/Industrial

 

Development Conditions

SIC #

SPECIFIC LAND USE

UR

M

US

R4-8

CC

CN

CD

CR

PU/I

 

*

DWELLING UNITS, TYPES:

 

 

 

 

 

 

 

 

 

 

*

Single detached

 

 

P C13

P14 C13

 

 

 

 

 

13.    Required before approving more than one dwelling on individual lots, except on lots in subdivisions, short subdivisions or binding site plans approved for multiple unit lots, and except as provided for accessory dwelling units in 7 below.

14.    For all single-family preliminary plats of 20 lots or more, 18 percent of the units must be constructed as multiple-family. “Multiple-family” means a building used or designated as a residence for two or more families living independently of each other and doing their own cooking therein. The City will consider a reduction in the required number of multiple-family units if an agreement can be reached to assure the affordable housing income figures, mandated by the comprehensive plan, can be achieved.

*

Townhouse

 

 

P

P

P3

P3

P3

P3

 

3.    Only as part of a mixed-use/integrated development subject to the conditions of Chapter 18.35 CMC.

*

Apartment

 

 

 

 

P3

P3

P3

P3

 

See 3 above.

*

Manufactured home park

 

 

 

C8

 

 

 

 

 

8.    Must be in accord with Chapter 18.35 CMC.

 

GROUP RESIDENCES:

 

 

 

 

 

 

 

 

 

 

*

Community residential facility-I

 

 

C

C

P3

P3

P3

P3

 

See 3 above.

*

Community residential facility-II

 

 

 

 

C

C

P3

P3

 

See 3 above.

*

Senior citizen assisted housing

 

 

P

P

P3

 

P3

P3

 

See 3 above.

 

ACCESSORY USES:

 

 

 

 

 

 

 

 

 

 

*

Residential accessory uses

 

 

P7

P7

P7

 

P7

P7

 

7.    Accessory dwelling units:

i.    Only one accessory dwelling per primary single detached dwelling unit;

ii.    Only in the same building as the primary dwelling unit on an urban lot that is less than 10,000 square feet in area, on a rural lot that is less than the minimum lot size, or on a lot containing more than one primary dwelling;

iii.    The primary dwelling unit or the accessory dwelling unit shall be owner occupied;

iv.    (a) One of the dwelling units shall not exceed a floor area of 1,000 square feet except when one of the dwelling units is wholly contained within a basement or attic; and

    (b) When the primary and accessory dwelling units are located in the same building, only one entrance may be located on each street side of the building;

v.    One additional off-street parking space shall be provided;

vi.    The accessory dwelling unit shall be converted to another permitted use or shall be removed if one of the dwelling units ceases to be owner occupied; and

vii.    An applicant seeking to build an accessory dwelling unit shall file a notice approved by the Department with the records and elections division which identifies the dwelling unit as accessory. The notice shall run with the land. The applicant shall submit proof that the notice was filed before the Department shall approve any permit for the construction of the accessory dwelling unit. The required contents and form of the notice shall be set forth in administrative rules. If an accessory dwelling unit in a detached building in the rural zone is subsequently converted to a primary unit on a separate lot, neither the original lot or the new lot may have an additional detached accessory dwelling unit constructed unless the lot is at least twice the minimum lot area required in the zone.

viii.    Must be in accord with Chapter 18.35 CMC.

*

Home occupation

 

 

P

P

P

 

P

P

 

 

 

TEMPORARY LODGING:

 

 

 

 

 

 

 

 

 

 

7011

Hotel/motel (1)

 

 

 

 

 

 

P

P

 

1.    Except bed and breakfast guesthouses.

*

Bed and breakfast guesthouse

 

 

P10

P10

P

P

P

P

 

10.    Only as an accessory to the permanent residence of the operator, provided:

i.    Serving meals to paying guests shall be limited to breakfast; and

ii.    The number of persons accommodated per night shall not exceed five, except that a structure which satisfies the standards of the International Building Code for R-1 occupancies may accommodate up to 10 persons per night.

7041