Article III. ZONING DISTRICT REGULATIONS

§ 28-71. Permitted and conditional uses.

Latest version.

The following uses are permitted (P), or conditional (C) within the zoning districts. Conditional uses require approval by the planning commission according to the procedures of section 28-145(a).

Zoning Districts

R-1

R-2

R-3

R-4

R-5

R-6

C-1

C-2

C-3

C-4

I-1

I-2

(1)

Adult entertainment enterprises provided that such uses shall not be located within one thousand (1,000) feet of any other adult entertainment enterprise measured from property line to property line, and such uses shall not be located within seven hundred fifty (750) feet of a church, park, playground or school, or within seven hundred fifty (750) feet of any R-1, R-2, R-3, R-4, R-5, R-6, or PR-1 zoning district measured from property line to property line. Not more than one (1) adult entertainment enterprise shall be located in the same building, structure or portion thereof.

(2)

Ambulance service

(3)

Animal hospital, veterinary clinic or kennel, not to include any outdoor exercise runway, provided any structure used for such purposes shall be at least one hundred (100) feet from any R district

(4)

Antique store

(5)

Apparel and accessories store

(6)

Appliance (household) store

(7)

Arcade

(8)

Auto washing stations

(9)

Automobile parts store

(10)

Automobile repair—Major

(11)

Automobile repair—Minor

(12)

Automobile service station (See "Supplemental Regulations)

(13)

Automobile truck and trailer display and sales. Sales lots, which includes the entire outdoor display area and any associated structures, shall not be within fifty (50) feet of any R district

(14)

Automobile wrecking and salvage yard

(15)

Bag, carpet and rug cleaning, provided dust is effectively controlled

(16)

Bakery (limited in quantity to goods sold retail on premises)

(17)

Bakery (wholesale)

(18)

Banks, loan and finance offices including drive through facilities

(19)

Barbershops, beauty shops, tanning salons and other similar personal grooming services

(20)

Bed and breakfast, tourist homes

(21)

Bicycle shop

(22)

Billboards (subject to the provisions in section 28-253(b) and section 28-145(d)(13))

(23)

Boat display, hire, sales, and repair

(24)

Bookstore

(25)

Bottling or distribution of soft drinks and milk, provided a building used for such processing and distribution shall be at least one hundred (100) feet from any R district

(26)

Bowling alleys, skating rinks, dance clubs, pool halls, indoor athletic and exercise facilities and other similar indoor recreation provided a building used for such purpose shall be at least one hundred (100) feet from any R district

(27)

Building materials sales yard and supply store

(28)

Building materials salvage yard

(29)

Business or trade schools

(30)

Bus stations

(31)

Cabinet fabrication and sales

(32)

Camera and photographic equipment supply store

(33)

Candy, ice cream and other confectionery stores (production is limited in quantity to goods retailed on the premises)

(34)

Candy, ice cream and other confectionery—Wholesale

(35)

Cemetery; adjacent to an existing cemetery

(36)

Churches, synagogues, temples and associated buildings, but not including elementary or secondary school buildings

(37)

Cleaning or dyeing plants, commercial laundries

(38)

Clinic—Dental or medical

(39)

Clothing store

(40)

Crating and packing services when conducted within a completely enclosed building

(41)

Cold storage plants

(42)

Contractor yards for vehicles, equipment, materials, supplies but excluding asphalt and cement mixing

Contractor offices with the incidental storage of parts, equipment and vehicles

(43)

Convenience store

(44)

Day care facility

Family day care home

Group day care home (must be located in a single-family dwelling with a minimum lot size of seven thousand five hundred (7,500) square feet)

Child care center

(45)

Delicatessen

(46)

Department store

(47)

Diaper, linen and towel supply service

(48)

Drapery, curtain shop

(49)

Drugstore

(50)

Dry cleaners, custom and self-service

(51)

Dwelling

One-family detached

Two-family

Multiple-family

Conversion of one- and/or two-family residences into multiple-family dwelling units, provided these conform with the lot area and yard requirements prescribed for multiple-family dwellings in this chapter

Permitted in buildings of two (2) stories in height or greater, provided that no dwelling unit shall occupy any portion of the building at ground level

Watchman or caretaker residence, secondary to a primary use permitted in this district

(52)

Egg and poultry store, with no slaughtering, eviscerating or dressing of poultry conducted outside of an enclosed structure

(53)

Electrical equipment and motor assembly

(54)

Electrical supplies, wholesale and storage

(55)

Experimental laboratory

(56)

Exterminator service

(57)

Factory and mill supplies

(58)

Feed and fertilizer, sales and storage

(59)

Florist—Gift shop

(60)

Fraternity or sorority house and college-owned dormitories

(61)

Fruit, vegetable, fish and poultry wholesale market

(62)

Funeral home

(63)

Furniture store

(64)

Garden and lawn supplies store

(65)

Gas station with or without a mini-mart

(66)

Gift, novelty and souvenir store

(67)

Greenhouse and nursery

(68)

Grocery store, supermarket and meat market

(69)

Grocers' wholesale supply

(70)

Hardware store

(71)

Headquarters for religious, philanthropic and charitable organizations

(72)

Hearing aid store

(73)

Helicopter landing pad

(74)

Home occupations, provided all the conditions in the supplemental regulations are met

(75)

Hospitals, sanitariums and other institutions for human care

(76)

Hotels and motels

(77)

Incinerators, or reduction of garbage, refuse, bones, offal or dead animals

(78)

Institution for children or the aged, but not including penal or correctional institution

(79)

Interior decorator, including sales

(80)

Jewelry store

(81)

Jukebox and vending machine service and distribution

(82)

Junkyard

(83)

Laboratory, dental or medical

(84)

Landing field for aircraft (service buildings must be five hundred (500) feet from any R district)

(85)

Laundry, custom and self-service

(86)

Library, public

(87)

Liquor and wine and malt beverage packaging and distribution

(88)

Liquor store (sale by package only)

(89)

Luggage shop

(90)

Lumberyard, retail, including only incidental mill work in an enclosed building

(91)

Machinery sales, farm or industrial, provided yards shall be enclosed

(92)

Mail order warehouse

(93)

Manufacturing or processing, limited to the following products:
Beverage bottling (nonalcoholic); coffee roasting; cosmetics; electrical/electronic equipment; engraving; fishing tackle; home/office furniture/furnishings; instruments (e.g. dental, drafting, musical, surgical); mattresses; paper products; pharmaceuticals; products from purchased plastic, shell, cellophane, glass, rubber and precious or semiprecious metals and stones; radar equip.; radios; surgical supports (e.g. braces, trusses, elastic hosiery); televisions; windows/doors

(94)

Manufacturing or processing of any of the following:

Abrasives, acid, alcohol, ammonia, asbestos, bone black, carbon black, lamp black, brick, clay, tile, charcoal and coke;

Chemicals, cinder block, detergents, soaps and by-products;

Fungicides and insecticides;

Gases, glue, or gelatin;

Grain milling and mixing;

Graphite, insulation, metals, ingots, castings, sheets, bars or roads;

Metal plating;

Oils and fats, animal or vegetable;

Paints, pigments, enamels, japans, lacquer, varnishes and wood fillers;

Paper pulp and cellulose; paraffin, wax and wax products;

Plastics, rubber and rubber products;

Sauerkraut, vinegar and yeast;

Viruses, toxins and serums

(95)

Manufacturing or processing of alkali, asphalt, cement, concrete, fertilizer, gravel, rock, gypsum and other forms of plaster base

(96)

Metal working (excluding presses of over twenty (20) tons and machine-operated drop hammers)

(97)

Mobile home park

(98)

Mobile home subdivision

(99)

Monument works provided cutting operations are conducted within a completely enclosed building

(100)

Motorcycle sales and service

(101)

Moving and storage companies

(102)

Museum, public

(103)

Music store

(104)

Newspaper publishing

(105)

Newsstand

(106)

Office

Designed to attract and serve customers on the premises;

Designed to attract little or no customer or client traffic. Limited to the conversion of residences or to new construction of residences or to new construction on vacant lots zoned R-6 at the date of adoption of this ordinance [chapter]

(107)

Office supply store including sales of business machines

(108)

Optician and optometrist shops

(109)

Ornamental iron work and fence service

(110)

Outdoor advertising service, including construction and storage of materials and equipment

(111)

Paint and wallpaper store

(112)

Park and/or playground, public

(113)

Parking and storage yards for motor vehicles and/or transport equipment (must be at least two hundred (200) feet from any R district)

(114)

Parking lots and/or structures either public or privately owned or operated, subject to provisions of sections 28-100 and 28-145(d)(12)

(115)

Pattern making with light weight nonferrous metal

(116)

Pet store and supplies

(117)

Pet grooming services

(118)

Pharmacy, as an accessory use located in the same structure as a medical or dental office or clinic

(119)

Photocopying services

(120)

Photographic studio

(121)

Planned building group shopping centers (see supplemental regulations)

(122)

Planned unit residential development (see supplemental regulations)

(123)

Plumbing, heating store

(124)

Plumbing, heating, and sheet metal shops (including punching or material of one-eighth inch or less in thickness)

(125)

Pressing, altering, and repairing of wearing apparel

(126)

Printing and publishing, including related processes

(127)

Public utilities offices and salesrooms

(128)

Public utility material storage and service yard

(129)

Radiator repair shop

(130)

Radio and television broadcasting studios

With transmitter

Without transmitter

(131)

Recycling collection centers

(132)

Rehabilitation center for handicapped persons

(133)

Resource centers providing services for the betterment of family relationships, neighborhood quality, occupational skills and educational development and similar uses, but excluding alcohol and drug therapy or counseling centers, crime rehabilitation or counseling centers, halfway houses and similar uses

(134)

Repair, rental and servicing of any product the sale of which product is a Use by Right permitted in the same district

(135)

Resale shops, used clothing and furniture (permanent and fully contained within a structure)

(135a)

Resale shops for used furniture (permanent and fully contained within a structure)

(136)

Restaurant, including eat-in and carry-out, and including bars and cocktail lounges

(137)

Rooming house, boarding house

(138)

Schools (elementary, secondary and college levels for academic instruction)

(139)

Shoe store, sales and repair

(140)

Sign painting shops

(141)

Skating rinks

(142)

Social, fraternal clubs, union halls, lodges and similar uses

(143)

Special tools and gauges, checking and service

(144)

Special trades contractors

(145)

Sporting goods store

(146)

Stockyards, livestock auction yard

(147)

Storage

Bulk storage of explosives

Flammable liquids three thousand (3,000) gallons or more, if stored aboveground, shall be at least one hundred (100) feet away from all boundary lines of the premises

Liquid petroleum gas five hundred (500) gallons or more, if stored aboveground, shall be at least fifty (50) feet away from all boundary lines of the premises

Self-service storage facilities (a building or group of buildings used exclusively as a storage facility for residential goods and available for rent with individual leases for portions of the facility)

(148)

Studio, school or similar facility for professional work or instruction of any form of fine arts, ceramics, crafts, music, drama, dance and other similar activities. The incidental provision of such instruction in a single family residence will be considered a home occupation (see subsection (74)).

(149)

Surgical supplies store

(150)

Taxi stands

(151)

Telephone exchange

(152)

Theaters and theatrical studios

(153)

Tire and battery shops including recapping and rebuilding

(154)

Toy store

(155)

Travel agencies

(156)

Truck repair and service

(157)

Trucking freight terminal and yards

(158)

Trucking terminal, intercity

(159)

Variety and notions store

(160)

Wall and floor coverings stores

(161)

Welding shop

(162)

Wholesale and warehousing of any commodity permitted to be made or processed in the same district

(163)

Work release (halfway) house (see additional development requirements in section 28-140)

(164)

Accessory nonresidential uses and structures not otherwise prohibited, customarily accessory and incidental to any use by right

(165)

Any residential accessory use or structure clearly incidental and customary to the operation of the uses by right (such as a garage) when located on the same property

P/
C*

(166)

Legal nonconformities

*Permitted by right for residential uses and conditional for nonresidential uses.

(Code 1977, §§ 5.50—5.57; Ord. No. 90-11, §§ 2, 3, 7-17-90; Ord. No. 90-15, § 1, 7-31-90; Ord. No. 92-11, § 1, 6-16-92; Ord. No. 92-18, § 1, 11-10-92; Ord. No. 93-2, § 3, 1-5-93; Ord. No. 93-10, § 2, 7-20-93; Ord. No. 93-16, § 1, 8-31-93; Ord. No. 93-18, § 2, 9-28-93; Ord. No. 93-27, § 1, 11-23-93; Ord. No. 94-8, § 1, 8-23-94; Ord. No. 96-10, § 1, 7-30-96; Ord. No. 97-15, § 1, 8-19-97; Ord. 98-15, § 1, 7-7-98; Ord. No. 98-16, § 1, 7-7-98; Ord. No. 99-9, § 1, 6-1-99; Ord. No. 99-18, § 1, 9-21-99; Ord. No. 2000.5, § 1, 8-22-00; Ord. No. 2001.5, § 1, 2-13-01; Ord. No. 2002.1, § 1, 2-12-02; Ord. No. 2003.7, §§ 1, 2, 5-27-03; Ord. No. 2003.16, § 3, 11-25-03; Ord. No. 2004.8, § 1, 4-13-04; Ord. No. 2006.11, § 1, 7-18-06; Ord. No. 2006.12, § 1, 7-18-06; Ord. No. 2006.13, § 1, 8-15-06; Ord. No. 2006.17, § 1, 11-14-06; Ord. No. 2007.2, § 1, 1-9-07; Ord. No. 2009-6, § 1, 4-7-09; Ord. No. 2011.15, § 3, 8-16-11; Ord. No. 2012.5, § 4, 4-10-12; Ord. No. 2016.04, § 2, 3-15-16; Ord. No. 2016.07, § 2, 3-29-16; Ord. No. 2016-29, § 3, 11-15-16; Ord. No. 2017-06, § 3, 5-2-17)

                    
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