This chapter establishes the Use Classification System. The purpose of these provisions is to classify uses of land according to common characteristics, thereby providing a basis for regulation of such uses in accordance with criteria that are in the public interest and consistent with the General Plan. These provisions shall apply throughout this title.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Use Classifications. All uses shall be classified according to the use classifications described in this chapter. The names of these use classifications are capitalized throughout this title. The "typical uses" described for various use classifications are not intended to limit the uses in the use classifications for which they are examples.
(b) 
Authority to Classify. The Director of Planning and Building shall have the authority to classify uses according to the use classifications described in this chapter. The Director's classification of any particular use shall be based on the description of the use classification that most closely resembles the characteristics of the use in question.
(c) 
Combinations of Uses.
(1) 
Individual Establishments. If the uses conducted on a lot by an individual establishment resemble two (2) or more use classifications, the principal use shall be the one (1) that most closely portrays the overall nature of the establishment. All other uses conducted by the establishment shall be considered accessory uses except as specified in Article 7 of this chapter.
(2) 
Multiple Establishments. On a lot containing multiple establishments, the principal use of each such establishment shall be classified separately in accordance with subsection (c)(1) of this section.
(d) 
Uses Not Listed. When no use classification description appears to closely resemble the characteristics of a particular use, the Director may consult other reference sources to assist in determining the appropriate use classification for the use in question. Such other sources may include, but are not limited to, the Land Based Classification Standards (LBCS) of the American Planning Association and the North American Industry Classification System (NAICS).
(e) 
Right of Appeal. The Director's classification of a particular use into a use classification, pursuant to the provisions of this chapter, may be appealed to the Planning Commission in accordance with the appeal procedures in Article 14 of Chapter 7.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
All uses shall be classified as either principal or accessory. Subject to the rules for classification in Section 9-2.102, and except as specified in Article 7 of this chapter, any use may be either a principal use or an accessory use.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Except as otherwise provided in this title, any use may be permanent or temporary, as defined in this section. Temporary uses shall be subject to the applicable provisions for temporary use permits in Article 6 of Chapter 7.
(a) 
Permanent Use. A use that is intended to be continuously ongoing at the same location for more than sixty (60) days.
(b) 
Temporary Use. A use that is either not intended to be ongoing for more than sixty (60) days, or that is not intended to be continuously ongoing.
(1) 
One (1) Time Temporary Use. A use that is intended to be ongoing at the same location for sixty (60) days or less. Typical uses include carnivals, Halloween pumpkin lots, and Christmas tree lots.
(2) 
Recurring Temporary Use. A use that is intended to recur at the same location at regular or irregular intervals, where each occurrence lasts for seven (7) days or less, the interval between occurrences is at least twice the length of each occurrence, and the total number of occurrences may or may not be limited. The lengths of individual occurrences and the intervals between them shall be measured in whole days. Typical uses include farmers' markets and similar recurring events. If an occurrence lasts for more than seven (7) days, each such occurrence shall be considered a separate One (1) Time Temporary Use pursuant to subsection (b)(1) of this section. If the interval between occurrences is less than twice the length of each occurrence, the use shall be considered a Permanent Use pursuant to subsection (a) of this section.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The descriptions of use classifications in this chapter do not include any regulatory provisions. See Chapter 5 for regulations and standards that apply to specific uses and activities. Regulatory provisions are referenced as appropriate following various use classification descriptions in this chapter.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)