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Title 17C
Chapter 17C.190
Section 17C.190.030
 

Title 17C Land Use Standards

Chapter 17C.190 Use Category Descriptions

Article I. Introduction to the Use Categories

Section 17C.190.030 Classification of Uses
  1. Considerations.
    1. Uses are assigned to the category whose description most closely describes the nature of the primary use. The “Characteristics” subsection of each use category describes the characteristics of each use category. Developments may have more than one primary use. Developments may also have one or more accessory uses. Developments with more than one primary use are addressed in subsection (C) of this section. Accessory uses are addressed in subsection (D) of this section.
    1. The following items are considered to determine what use category the use is in, and whether the activities constitute primary uses or accessory uses:
      1. The description of the activity(ies) in relationship to the characteristics of each use category.
      1. The relative amount of site or floor space and equipment devoted to the activity.
      1. The relative amounts of sales from each activity.
      1. The customer type for each activity.
      1. The relative number of employees in each activity.
      1. Hours of operation.
      1. Building and site arrangement.
      1. Vehicles used with the activity.
      1. The relative number of vehicle trips generated by the activity.
      1. Signs.
      1. How the use advertises itself; and
      1. Whether the activity would be likely to be found independent of the other activities on the site.
  1. Uses Not Listed.

If a use is not listed, the planning director may determine that a proposed use is substantially similar to other uses permitted or not permitted in the respective zones, and therefore should also be permitted or not permitted.

  1. Developments with Multiple Primary Uses.

When all of the primary uses of a development fall within one use category, then the development is assigned to that use category. For example, a development that contains a retail bakery and a café would be classified in the Retail Sales and Service category because all the primary uses are in that category. When the primary uses of a development fall within different use categories, each primary use is classified in the applicable category and is subject to the standards for that category.

  1. Accessory Uses.

Accessory uses are allowed by right in conjunction with the use, unless stated otherwise in the standards. Also, unless otherwise stated, they are subject to the same standards as the primary use. Common accessory uses are listed as examples with the categories.

  1. Use of Examples.

The “Examples” subsection of each use category provides a list of examples of uses that are included in the use category. The names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may call itself. For example, a use whose business name is “Wholesale Liquidation” but that sells mostly to consumers would be included in the Retail Sales and Service category rather than the Wholesale Sales category. This is because the actual activity on the site matches the description of the Retail Sales and Service category.

Date Passed: Tuesday, May 31, 2005

Effective Date: Wednesday, July 6, 2005

ORD C33636 Section 3