Table 4-1 lists the uses allowed within all zoning districts. Each of the listed uses is defined in Chapter 11.
(a) Allowed By-Right Uses
“A” in a cell indicates that the use is allowed by right as a primary use of land in that zone district. Permitted uses are subject to all other applicable regulations of this Land Use Code, including the use-specific standards set forth in this chapter and the requirements of Chapters 5 and 7. A land use listed as an “A” use in the Primary Use portion of Table 4-1 cannot be accessory to another, different primary use of land on the same parcel.
(b) Special Review Uses
“S” in a cell indicates that, in the respective zone district, the use is allowed as a primary use of land only if reviewed and approved as a special use in accordance with the procedures of Sec. 2-40-20. Unless otherwise stated in this Land Use Code or in a special review use approval, special review uses are subject to all other applicable regulations of this Land Use Code, including the use-specific standards set forth in this chapter and the requirements of Chapters 5 and 7. A land use listed as an “S” use in the Primary Use portion of Table 4-1 cannot be accessory to another, different primary use of land on the same parcel. If a use is listed in Table 4-1 as an “S” use in a specific zone district, but was an “A” use in that same zone district under the previous code, then on and after the 5th of July, 2006 the landowner shall be deemed to have applied for and obtained a Special Review Use Permit for such use.
(c) Master Plan Uses
“M” in a cell indicates that the use is only permitted if approved as part of a Master Plan for lands in the SKI-REC and P-I districts, pursuant to Sec. 2-40-80 and either Secs. 3-40-120 or 3-70-10, as applicable. Unless otherwise stated in this Land Use Code or in a master plan approval, master plan uses are subject to all other applicable regulations of this Land Use Code, including the use-specific standards set forth in this chapter and the requirements of Chapters 5 and 7.
(d) Prohibited Uses
A blank cell indicates that the use is prohibited in the respective zoning district.
(e) Accessory and Temporary Uses
Some uses by right and special review uses are only permitted as accessory uses to a different, principal use of the property, and are generally not permitted to occur before the principal use has been established or after it has ended. Other uses by right and special review uses are permitted only as temporary uses. Status as an accessory or temporary use is shown by including the use in the Accessory or Temporary Use section of Table 4-1, or by identifying the accessory or temporary nature of the use in use-specific standards. A use listed in the Accessory or Temporary Use sections of Table 4-1 are not available as primary uses of the land unless they are also listed in the Primary Use portion of the table. Home occupations are a special form of accessory use, and are also only permitted if accessory to the principal use of the property as a dwelling occupied by one (1) or more of the same persons conducting the home occupation.
(f) Use-Specific Standards
Regardless of whether a use is allowed by right or permitted as a special use, there may be additional standards that are applicable to the use. The existence of these use-specific standards is noted through a cross-reference in the last column of the table. Some use-specific standards specify that the use is only permitted as an accessory use to a different, principal, use of the property. Cross-references refer to the Use-Specific Standards in Sec. 4-30. These standards apply in all zone districts unless otherwise specified. If a proposed use does not comply with applicable use-specific standards, it is prohibited.
In Table 4-1, land uses and activities are classified into general “use categories” and specific “use types” based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. This classification provides a systematic basis for assigning present and future land uses into appropriate zone districts. This classification does not list every use or activity that may appropriately exist within each category, and specific uses may be listed in one category when they may reasonably have been listed in one or more other categories. The use categories are intended merely as an indexing tool and are not regulatory.
Approval of a use listed in Table 4-1, and compliance with the applicable use-specific standards for that use, authorizes that use only. Development or use of a property for any other use not specifically allowed in Table 4-1 and approved under the appropriate process is prohibited, unless the use is permitted pursuant to Chapter 9 of this Land Use Code.
When an application is made for a use category or use type that is not specifically listed in Table 4-1, the Community Development Director shall be authorized to make a determination as to whether the proposed use category or use type is included within the definition of an existing use category or use type in Chapter 11, based on the characteristics of use types and categories set forth in Chapter 11. Any such determination shall be in writing, and a copy of the decision shall be given to the party proposing the use. If the Community Development Director determines that the proposed use type or use category is not included in any existing use type or category, then the proposed use may only be allowed if this Land Use Code is amended to include such use type or category in Table 4-1 and to include a definition of the use type or category in Chapter 11.
In addition to those principal and accessory uses listed in Table 4-1, certain minor uses of land are authorized in the RR zone district pursuant to Sec. 3-40-20.
For those accessory uses available in the RR, LIR-35, and AH-PUD zone districts, as shown in Table 4-1, the following additional conditions shall apply.
Uses available in the PUB, I, U and AC/REC-2 zone districts are listed in Sec. 3-80.