8-13E-3: ALLOWED USES:

Table 8-13E-1 lists principal permitted (P), accessory (A), conditional (C), or prohibited (--). The addition of "UV" to the district name signifies that it applies to properties within the urban village overlay.

   A.   Dwellings:

      1.   Allowed residential uses are based on the number of dwelling units in the structure.

      2.   A single family detached dwelling may not exceed one (1) primary dwelling and one (1) attached or detached secondary dwelling.

      3.   Secondary dwellings are prohibited on duplex, triplex, fourplex, townhome, and apartment properties.

      4.   Recreational vehicles and tiny homes are not considered dwelling units and are a prohibited use in all districts unless located within an approved recreational vehicle or tiny home park as set forth in section 8-13E-4G.

   B.   Un-Listed Uses: If a proposed use is not specifically listed in Table 8-13E-1, the director will determine whether the use is permitted or not. This determination will be based upon the similarity in nature and character to one (1) or more uses that are listed in the allowed use tables in chapter 2 of this title and the allowed use table of this article. This provision allows the director to determine if a proposed use is allowed even if it is not expressly named in advance by the allowed use tables. This provision does not allow the director to authorize a use not allowed by the allowed use tables. In making this determination, the director may refer to the following factors as guidance:

      1.   Criteria:

         a.   Whether the use has similar visual, traffic, environmental, parking, employment, and other impacts as an expressly listed use. The director may refer to empirical studies or generally accepted planning or engineering sources in making this determination.

         b.   Whether the use is within the same industry classification as another permitted use. In making this determination, the director may refer to the most recent edition of the North American Industry Classification Manual (Executive Office of the President, Office of Management and Budget) ("NAICS"). If the use is not defined in the NAICS, the director may refer to the American Planning Association, Land-Based Classification Standards LBCS Tables.

      2.   If Not Authorized Then Prohibited: If the director determines that a proposed use does not fit within a given use type and is not functionally the same as a permitted, accessory, or conditional use, then the use is a prohibited use.

      3.   Appeal: The director's determination pursuant to sections B1 or B2 above are appealable pursuant to section 8-6-13 of this title.

(Ord. 1002,10-28-2025)