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Chapter 18. General Zoning Ordinance

Sec. 18-51. Regulation of Allowable Uses

The allowable land uses for each zoning district are established in Article II of this Chapter. Detailed descriptions and regulations for uses are found in Sections 18-55 through 18-66. Even if a land use may be indicated as permitted by right or requiring a conditional use in a particular district, such a land use may not necessarily be permitted or permissible on any or every property in such district. No land use is permitted or permissible on a property unless it can be located on it or implemented in full compliance with all of the applicable standards and regulations of this Chapter or unless an appropriate variance has been granted pursuant to Section 18-165. For land uses not specifically listed, the Zoning Administrator shall make an interpretation to determine if an amendment to this Chapter is necessary.

(1) Principal Land Uses Permitted by Right. Principal land uses listed as permitted by right (designated by the letter "P" in Section 18-54) are permitted per the general land use requirements of this Article; per the density, intensity, and bulk regulations of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay districts; per all other applicable requirements of this Chapter; and per any and all other applicable City, county, state, and federal regulations. In some instances, permitted uses may be considered accessory uses as determined by the Zoning Administrator.

(2) Principal Land Uses Permitted as Conditional Uses. Principal land uses allowed only with a conditional use permit (designated by the letter "C" in Section 18-54) may be permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection (1), above, plus any additional requirements applicable to that particular land use imposed as part of the conditional use permit process established in Section 18-161. Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedence for similar requests. Except for uses approved under a general development plan and specific implementation plan in a planned development (see Section 18-167), all uses requiring a conditional use permit shall comply with the procedural requirements of Section 18-161.

(3) Accessory Land Uses. Accessory land uses are allowed subject to all the requirements and exemptions applicable to principal land uses permitted by right as listed in Subsection (1), above. Accessory land uses allowed only with a conditional use permit are subject to all the requirements and exemptions applicable to principal land uses requiring a conditional use permit as listed in Subsection (2), above. Accessory land uses shall also comply with the following listed regulations.

(a) No accessory use shall be established on any lot prior to the establishment of an allowable principal use, unless otherwise stated in this Chapter. City parks are exempt from this requirement.

(b) No accessory building or structure shall be constructed prior to the construction of the principal structure, except for a garage on an abutting lot to a residential lot under the same ownership containing the principal buildings. Structures in City parks are also exempt from this requirement.

(c) Detached accessory buildings shall not be located between a principal building and a street frontage on the same lot, nor within any required front yard.

(d) With the exception of an in-home suite or Accessory Dwelling Units, in no instance shall an accessory building, cellar, basement, tent, or recreational trailer be used as a residence.

(4) Temporary Land Uses. Temporary land uses permitted by right (designated by the letter "P" in the Table of Land Uses in Section 18-54) are permitted on a temporary basis subject to permitting requirements of Section 18-162. Temporary land uses permitted only with a conditional use permit (designated by the letter "C" in the Table of Land Uses) may be permitted subject to temporary use and conditional use permitting requirements of Sections 18-162 and 18-161.