§ 11.3. Use Classifications and Interpretation.
A.
Principal Use Classification System.
1.
Purpose. This section is intended to provide a systematic framework for identifying, describing, categorizing, consolidating, and distinguishing land uses in a way that makes it easier to determine whether a particular use, activity, or combination of activities is allowable as a principal use in a particular zoning district in accordance with the use tables in Article 4: Zoning Districts, and Article 5: Use Standards, or is subject to other use-specific provisions in this Code. This section is also intended to guide interpretations of whether a particular unlisted use should be deemed permitted and to address future additions to the use tables.
2.
Structure Of Principal Use Classification System. The principal use classification system described in this section groups uses at three levels: use classifications, use categories, and use types.
a.
Use Classifications. The use classifications identify broad general classifications of land use and include residential uses, institutional uses, commercial uses, and industrial uses. Use classifications are further broken down into a series of general "use categories."
b.
Use Categories.
i.
The use categories describe the major sub-groups of the respective use classifications, and are 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. For example, the Residential Use Classification is divided into the Household Living and Group Living use categories.
ii.
Each use category is described in terms of the common characteristics of included uses (including common or typical accessory uses), examples of common use types included in the category, and, for a number of use categories, exceptions—i.e., those uses that might appear to fall within the use category, but are included in another use category.
c.
Use Types. The specific use types included in each use category identify specific principal uses that are considered to possess the characteristics identified for the use category. For example, live/work dwellings, single-family dwellings, and multifamily dwellings are use types in the Household Living use category.
3.
Development With Multiple Principal Use Types. A development may include multiple principal uses, provided each principal use is a principal use type allowed in the applicable zoning district and the development complies with any use-specific standards applicable to each of the included use types. If a use within a development is determined to be an accessory use to a principal use in the development, such accessory use shall be subject to the accessory use standards in Section 5.3, Accessory Uses and Structures.
4.
Agricultural Use Classification. The Agricultural Uses category is characterized by activities related to the production of field crops, fruits, vegetables, ornamental and flowering plants, and the breeding, raising, or keeping of livestock, poultry, swine, or other animals for food or other marketable products. The Agricultural Uses category also includes silvicultural activities related to the planting, management, protection, and harvesting of trees for timber or other forest products, as well as the breeding, raising, keeping, boarding, and training of horses. Accessory uses may include offices, storage areas, barns, stables, irrigation systems, and repair facilities related to the agricultural or silvicultural activities. Example use types include general farming (crop production, orchards, breeding or raising of fowl or other animals, and fish farms), silvicultural activities (the management of timber), and plant nurseries and greenhouse operations. This use category does not include the processing of animal or plant products for wholesale or retail sale purposes, which is considered an industrial manufacturing use type.
5.
Residential Use Classification.
a.
Household Living Uses. The Household Living Uses category includes use types providing for the residential occupancy of a dwelling unit by a single family. Tenancy is generally arranged on a month-to-month or longer basis. Accessory uses common to household living uses include recreational activities, raising of domestic pets, hobbies, swimming pools, and parking of the occupants' vehicles. Home occupations, accessory apartments, and family child care homes are accessory uses that are subject to additional regulations (See Section 5.3, Accessory Uses and Structures.). Example use types include single-family detached dwellings, duplex dwellings, townhouse dwellings, multifamily dwellings, mobile/manufactured home parks, upper-story dwellings above nonresidential uses, and live/work dwellings. The single-family dwelling use includes homes that provide a single-family home environment for six or fewer residents receiving some level of personal care. This use category does not include residential use types that generally involve some level of managed personal care for a larger number of residents (e.g., community residential homes, assisted living facilities, and continuing care retirement communities), which are categorized as group living uses. It also does not include use types where persons generally occupy habitable units for periods of less than 30 days (e.g., hotels, motels), which are categorized as visitor accommodation uses.
b.
Group Living Uses. The Group Living Uses category includes use types providing for the residential occupancy of a group of habitable units by persons who do not constitute a single family and may receive some level of personal care. Individual habitable units often consist of a single room or group of rooms without cooking and eating facilities, but unlike a hotel or motel, are generally occupied on a monthly or longer basis. Accessory uses common to group living uses include recreational facilities, administrative offices, and food preparation and dining facilities. Example use types include community residential homes, and assisted living facilities. Although continuing care retirement communities include household living uses (e.g., dwellings) and health care uses (e.g., nursing care facilities), they are categorized as a group living use because of their focus on the present or future provision of personal care to senior citizens and their integration of various uses as a single cohesive development. This use category does not include use types where persons generally occupy habitable units for periods of less than 30 days (e.g., hotels, motels), which are categorized as visitor accommodation uses. It also does not include use types where residents or inpatients are routinely provided more than minor health care services (e.g., nursing home facilities, psychiatric treatment facilities), which are categorized as health care uses.
6.
Institutional Use Classification.
a.
Communication Uses. The Communication Uses category includes uses and facilities providing regional or community-wide communications services, such as wireless communications, radio and television broadcasting, and newspaper or magazine publishing. Services may be publicly or privately provided and may include on-site personnel. Accessory uses may include offices, monitoring, storage areas, or data transmission equipment. Example use types include telecommunication towers and antennas, radio and television broadcasting studios, and newspaper or magazine printing facilities.
b.
Community Service Uses. The Community Service Uses category includes use types of a public, nonprofit, or charitable nature providing a local service (e.g., cultural, recreational, counseling, education, training) directly to people of the community. Generally, such uses provide ongoing continued service on-site or have employees at the site on a regular basis. Accessory uses may include offices, meeting areas, food preparation and dining facilities, health and therapy areas, and indoor and outdoor recreational facilities. The category does not include uses with a residential component. Example use types include community centers, libraries, museums, senior centers, and youth centers. This use category does not include clubs or lodges of community-oriented associations (categorized as other institutional uses), private or commercial health clubs or recreational facilities (categorized as recreation/entertainment uses), or counseling in an office setting (categorized as an office use).
c.
Day Care Uses. The Day Care Uses category is characterized by use types providing care, protection, and supervision for children or adults on a regular basis away from their primary residence, and typically for less than 24 hours per day. Care can be provided during daytime or nighttime hours. Accessory uses may include offices, food preparation and dining areas, and recreation areas. Example use types include adult day care centers and child care facilities. This use category does not include family child care homes or drop-in day care provided in connection with an employment or a shopping center, recreational facility, place of worship, hotel, or other principal use, where children are temporarily cared for while parents or guardians are employed part-time or temporarily occupied on the premises or in the immediate vicinity.
d.
Education Uses. The Education Uses category includes use types such as public schools and private schools (including charter schools) at the elementary, middle, or high school level that provide State-mandated basic education or a comparable equivalent. This use category also includes colleges, universities, and other institutions of higher learning such as vocational or trade schools that offer courses of general or specialized study leading to a degree or certification. Accessory uses at schools may include offices, play areas, recreational and sport facilities, cafeterias, auditoriums, and before- or after-school day care. Accessory uses at colleges or universities may include offices, dormitories, food service, laboratories, health care facilities, recreational and sports facilities, theaters, meeting areas, maintenance facilities, and supporting commercial uses (e.g., eating establishments, bookstores).
e.
Government Uses. The Government Uses category includes use types providing for the general operations and functions of local, State, or federal governments. A wide range of accessory uses may be found, depending on the use type. Example use types include courthouse facilities, government administration offices, post offices, fire and EMS stations, fire training facilities, police stations and substations, correctional facilities, and government maintenance, storage, and distribution facilities. This use category does not include passenger terminals for transportation services (categorized as transportation uses), or City, county, or State parks (categorized as open area uses), or water, wastewater, gas, electric, or other infrastructure services (categorized as utility uses).
f.
Health Care Uses. The Health Care Uses category includes use types providing a variety of health care services, including surgical or other intensive care and treatment, various types of medical treatment, nursing care, preventative care, diagnostic and laboratory services, and physical therapy. Care may be provided on an inpatient, overnight, or outpatient basis. Accessory uses may include food preparation and dining facilities, recreation areas, offices, meeting rooms, teaching facilities, hospices, maintenance facilities, staff residences, and limited accommodations for members of patients' families. Example use types include hospitals, medical and dental clinics and labs, medical treatment facilities, nursing home facilities, drug and alcohol treatment facilities, psychiatric treatment facilities, massage therapy establishments, and blood or tissue collection centers. This use category does not include assisted living facilities or community residential homes, which focus on providing personal care rather than medical care to residents, and are categorized as group living uses.
g.
Open Space Uses. The Open Space Uses category includes use types focusing on open space areas largely devoted to natural landscaping and outdoor recreation, and tending to have few structures. Cemeteries and mausoleums are included within this category. Accessory uses may include caretaker's quarters, clubhouses, statuary, fountains, maintenance facilities, concessions, and parking. Example use types include parks (including recreational and natural area parks), greenways, arboretums and botanical gardens, public squares and plazas, community gardens, and cemeteries. This use category does not include golf courses, golf driving ranges, or outdoor swimming pool or tennis court facilities (categorized as commercial or membership recreation/entertainment uses).
h.
Transportation Uses. The Transportation Uses category includes use types providing for the landing and takeoff of airplanes and helicopters, including loading and unloading areas and associated aircraft sales, repair, fuel sales, and flight instruction uses. It also includes passenger terminals for surface or water-based transportation. Accessory uses may include freight handling areas, concessions, offices, maintenance, limited storage, and fueling facilities. Example use types include airports, helicopter landing facilities, and passenger stations/terminals for ground transportation services (e.g., buses, trains). This use category does not include transit-related infrastructure such as bus stops and bus shelters (deemed minor utilities under the utility uses category), and park-and-ride facilities (treated as a parking deck, garage, or lot under the motor vehicle uses category).
i.
Utility Uses. The Utility Uses category includes both major utilities, which are infrastructure services that provide regional or community-wide service, and minor utilities, which are infrastructure services that need to be located in or near where the service is provided. Solar energy collection systems that constitute a principal use of a lot are included as a special type of major utility use. Services may be publicly or privately provided and may include on-site personnel. Accessory uses may include offices, monitoring, or storage areas.
j.
Other Institutional Uses. The Other Institutional Uses category includes use types consisting of a variety of institutional facilities, including clubs or lodges of community-oriented associations, places of worship, civic centers, and housing related to treatment or protection programs. Accessory uses may include school facilities, limited medical treatment facilities, kitchens/cafeterias, recreation areas, offices, meeting rooms, and staff residences.
7.
Commercial Use Classification.
a.
Adult Uses. The Adult Uses category includes use types that sell, distribute, or present material or feature performances or other activities emphasizing the depiction or display of specified sexual activities. Example use types include adult bookstores and adult theaters (distinguished by being largely devoted to selling, renting or presenting media emphasizing sexually explicit content).
b.
Animal Care Uses. The Animal Care Use Category is characterized by use types related to the provision of medical services, general care, and boarding services for domestic animals. Example use types include animal shelters, animal grooming, kennels, and veterinary hospitals and clinics.
c.
Boat and Marine Sales and Service Uses. The Boat and Marine Sales and Service Uses category includes use types involving the direct sales and servicing of boats and other consumer watercraft, whether for recreation, commerce, or personal transport. This use category also includes use types involving the direct sales and servicing of boat trailers, marine engines, and other marine equipment—as well as use types related to the docking and storage of watercraft. Accessory uses may include offices, sales of parts, maintenance facilities, outdoor display, and boat storage. Example use types include boat and marine sales or rental, boat or marine parts sales and installation, boat and marine repair and servicing, boat dry storage, marinas, boat docking facilities, and yacht clubs.
d.
Business Support Service Uses. The Business Support Service Uses category include use types primarily providing routine business support functions for the day-to-day operations of other businesses, as well as to households. Example use types include business service centers, parcel services, telephone call centers, travel agencies, employment agencies, and daily labor services.
e.
Eating and Drinking Establishments. The Eating and Drinking Establishments category includes use types involving the preparation and selling of food and beverages for immediate or direct on- or off-premise consumption. Accessory uses may include decks and patios for outdoor seating, drive-through service, facilities for live entertainment or dancing, and valet parking services. Example use types include bars or lounges, brewpubs, nightclubs, restaurants, and specialty eating or drinking establishments.
f.
Motor Vehicle Sales and Service Uses. The Motor Vehicle Sales and Service Uses category includes use types involving the direct sales and servicing of automobiles (including motorcycles), trucks, recreational vehicles, and other consumer motor vehicles intended to transport persons or goods over land, whether for recreation, commerce, or personal transport. Accessory uses may include offices, sales of parts, maintenance facilities, outdoor display, and vehicle storage. Example use types include automotive parts sales and installation, vehicle repair and maintenance, vehicle/trailer sales or rental, automotive wrecker services, and car wash or auto detailing. Also included are gas stations, taxi service, and commercial parking lots, decks, and garages. This use category does not include similar uses and facilities related to boats (categorized as boat and marine sales and service uses) or airports (categorized as transportation uses), or the storage of inoperable vehicle or vehicle parts (categorized as a waste-related service use).
g.
Office Uses. The Office Uses category includes office buildings housing activities conducted in an office setting, usually with limited contact with the general public, and generally focusing on business, professional, or financial services. Accessory uses may include cafeterias, child care facilities, recreational or fitness facilities, incidental commercial uses, or other amenities primarily for the use of employees in the business or building. Example use types include offices buildings, which may contain offices for business services, professional services (e.g., lawyers, accountants, engineers, architects), financial services (e.g., lenders, brokerage houses, tax preparers), and sales (e.g., real estate agents), or any combination of such offices. Also included are contractor's offices. This use category does not include offices that are a component of or accessory to a principal use in another use category, or government administration offices (categorized as government uses), medical or dental clinics/offices (categorized as health care uses), or banks or financial institutions (categorized as retail sales and service uses). It also does not include contractor's offices that are associated with the outdoor storage of equipment and materials (categorized as industrial services uses).
h.
Recreation/Entertainment Uses. The Recreational/Entertainment Uses category includes private use types providing indoor or outdoor facilities for recreation or entertainment-oriented activities by patrons or members. Accessory uses may include offices, concessions, snack bars, and maintenance facilities. Example use types include arenas, amphitheaters, stadiums, auditoriums, theaters, ocean piers, golf courses and driving ranges, miniature golf courses, marine mammal parks, cinemas, dogtracks, racetracks, outdoor facilities for field sports, swimming, or court games, entertainment and amusement centers, sport shooting and training ranges, and other indoor and outdoor commercial recreational/entertainment uses (including fitness centers, game rooms, pool parlors, dancehalls, archery ranges). Also included are pari-mutuel betting facilities. This use category does not include banquet halls that are part of and accessory to a hotel (categorized as a visitor accommodation use), restaurant (categorized as an eating and drinking establishment), or recreational facilities that are part of and accessory to community service uses or places of worship and clubs or lodges (categorized as other institutional uses), or are reserved for use by a particular residential development's residents and their guests (and thus considered accessory to that household living or group living use).
i.
Retail Sales and Service Uses. The Retail Sales and Service Uses category includes use types involved in the sale, rental, and incidental servicing of goods and commodities that are generally delivered or provided on the premises to a consumer. They may also include uses that provide personal services, or product repair or services for consumer and business goods. Accessory uses may include offices, storage of goods, assembly or repackaging of goods for on-site sale, concessions, ATM machines, and outdoor display of merchandise. Example use types include specific retail sales establishments such as art galleries, antique stores, art galleries, book shops, drug stores, grocery stores, convenience stores, liquor stores, home and building supply stores, farmer markets, flea markets, and other retail sales uses. They also include retail service establishments such as banks or financial institutions, laundromats, dry cleaning and laundry drop-off establishments, lawn and pool services, personal services establishments, personal and household goods repair establishments, funeral homes, and crematories. This use category does not include sales or service establishments related to boats (categorized as boat sales and service uses), aircraft (categorized as transportation uses), or other motor vehicles (categorized as motor vehicle sales and service uses), or entertainment establishments primarily engaged in selling food or beverages for on-site consumption (categorized as eating and drinking establishments), or establishments primarily selling building supplies to contractors or other goods to retailers (categorized as wholesale uses), or the provision of financial, professional, or business services in an office setting (categorized as office uses), or uses providing recreational or entertainment opportunities (categorized as indoor or outdoor recreation/entertainment uses), or uses involving the sales, distribution, or presentation of materials or activities featuring specific sexual activities or nudity (categorized as adult uses).
j.
Self-Service Storage Uses. The Self-Service Storage Uses category includes use types providing individual, self-contained units or areas leased to individuals, organizations, or businesses for self-service storage of household and personal property. The storage units or areas are designed to allow private access by the tenant for storing or removing personal property. Accessory uses include leasing offices, outdoor storage of boats and recreational vehicles, incidental sales or rental of moving supplies and equipment, and living quarters for a resident manager or security guard. Use of the storage areas for sales, service, repair, or manufacturing operations is not considered accessory to self-service storage. The rental of trucks or equipment is also not considered accessory to the use. Example use types include self-service storage establishments, also called "mini-warehouses." This use category does not include a transfer and storage business not involving individual storage areas and where employees are the primary movers of property being stored or transferred (categorized as a warehouse and freight movement use).
k.
Visitor Accommodation Uses. The Visitor Accommodation Uses category includes use types providing lodging units or rooms for short-term stays of less than 30 days for rent, lease, or interval occupancy. Accessory uses may include pools and other recreational facilities, restaurants, bars, limited storage, laundry facilities, gift shops, supporting commercial, meeting facilities, and offices. Example use types include hotels, motels, bed and breakfast inns, and RV parks. This use category does not include rooming or boarding houses, which are generally occupied for tenancies of a month or longer, and thus categorized as group living uses.
8.
Industrial Use Classification.
a.
Industrial Services Uses. The Industrial Services Uses category includes use types involving the repair or servicing of industrial, business, or consumer machinery equipment, products, or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. Accessory activities may include limited retail or wholesale sales, offices, parking, warehousing, and outdoor storage. Example use types include machine shops, tool repair, electric motor repair, repair of scientific or professional instruments, motion picture studios, and heavy equipment sales, rental, repair, and servicing. Also included are fuel oil or bottled gas distribution, research and development facilities, contractor storage yards, metal-working and leather-working uses, printing, general industrial service uses, and laundry, dry-cleaning, carpet cleaning, and dyeing plants.
b.
Manufacturing and Production Uses. The Manufacturing and Production Uses category includes use types involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms for consumers. This use category also includes custom industries (establishments primarily engaged in the on-site production of goods by use of hand tools and small-scale equipment) and craft manufacturing. Goods are generally not displayed or sold on-site, but if so, such sales are a subordinate part of total sales. Relatively few customers come to the manufacturing site. Accessory uses may include limited retail sales, wholesale sales, offices, cafeterias, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, fueling facilities, and security and caretaker's quarters. Example use types include the specific uses of boating manufacturing, the general sectors of heavy manufacturing and light manufacturing, bakeries, cabinet and furniture manufacturing, cement concrete production and batching plants, food processing, fish hatcheries, vegetable and fruit packing, and breweries, wineries, and distilleries. This use category does not include the manufacturing and production of goods from salvage material or composting material (categorized as waste-related uses).
c.
Warehouse and Freight Movement Uses. The Warehouse and Freight Movement Uses category includes use types involving the storage or movement of goods for themselves or other firms or businesses. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present. Accessory uses include offices, truck fleet parking, outdoor storage, and maintenance areas. Example use types include separate storage warehouses (used for storage by retail stores such as furniture and appliance stores), distribution warehouses (used primarily for temporary storage pending distribution in response to customer orders), cold storage plants (including frozen food lockers), and outdoor storage (as a principal use). This use category does not include contractor's yards (categorized as an industrial services use) or uses involving the transfer or storage of solid or liquid wastes (categorized as a waste-related use).
d.
Waste-Related Uses. The Waste-Related Uses category includes use types receiving solid or liquid wastes from others for on-site disposal, processing, or transfer to another location for processing or disposal, or uses that manufacture or produce goods or energy from the composting of organic material or reuse, recycling, or processing of scrap or waste material. This use category also includes use types that receive hazardous wastes from others. Accessory uses may include offices, outdoor storage, recycling of materials, and repackaging and trans-shipment of by-products. Example use types include materials recovery facilities, recovered materials processing facilities, recycling drop-off centers, construction and demolition debris disposal facilities, tire disposal or recycling facilities, waste composting, waste-to-energy plants, junkyards and salvage yards, and hazardous waste collection sites. This use category does not include wastewater treatment plants and potable water treatment plants (classified as major utilities in the utility and communication use category) or facilities for the drop-off or collection, and temporary holding, of household or business recyclables (classified as minor utilities in the utility and communication use category).
e.
Wholesale Uses. The Wholesale Uses category includes use types involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order-taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer. Accessory uses may include offices, product repair, warehouses, minor fabrication services, outdoor storage, greenhouses (for plant nurseries), and repackaging of goods. Example use types include wholesale plant nurseries and showrooms, wholesale sale or rental of machinery, equipment, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail-order houses; and wholesalers of food, clothing, plants and landscaping materials, auto parts, and building hardware. This use category does not include uses primarily involving sales to the general public or on a membership basis (categorized as retail sales and service uses), or uses primarily involving storage of goods with little on-site business activity (categorized as warehousing and freight movement uses).
B.
Interpretation of Unlisted Uses.
1.
Procedure for Interpreting Unlisted Uses. City staff may interpret a particular principal use or accessory use or structure not expressly listed in Article 4: Zoning Districts, or Article 5: Use Standards as allowed in a particular zoning district—as a permitted principal use, a Special Use or a Public or Semi-Public Use, or a permitted accessory use or structure—based on the standards in paragraph 2 or 3 below, as appropriate.
2.
Criteria for Allowing Unlisted Principal Uses. City staff shall interpret an unlisted principal use as an allowed permitted use or a Special Use or a Public or Semi-Public Use in a particular zoning district only after determining that the nature, function, and duration of the use and the impact of allowing it in the zoning district are so similar to those of a use type or use category that is allowed in the zoning district that the unlisted use should be deemed allowed in the same manner (i.e., as a permitted use or a Special Use or a Public or Semi-Public Use) as the similar use type or use category and subject to the same use-specific standards. In making such determination, City staff shall consider the relevant characteristics of the unlisted use, the purpose and intent statements in this Code concerning the zoning district (Article 4: Zoning Districts), and the character of use types allowable in the district. The relevant characteristics of the unlisted use that should be considered in making this determination include but are not limited to the following:
a.
Actual or projected characteristics of each activity likely to occur at the unlisted use;
b.
The type, size, orientation, and nature of buildings, and structures devoted to each activity;
c.
The number and density of employees and customers per unit area of site in relation to business hours and employment shifts;
d.
Vehicles used and their parking requirements, including the ratio of the number of spaces required per unit area or activity;
e.
Transportation requirements, including the modal split for people and freight, by volume type, and characteristics of traffic generation to and from the site;
f.
Relative amounts of sales from each activity;
g.
The nature and location of storage and outdoor display of merchandise, whether enclosed, open, inside or outside the principal building, and the predominant types of items stored;
h.
Customer type for each activity;
i.
How each use is advertised, including signage;
j.
The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation, and fumes;
k.
Any special public utility requirements for serving the proposed use type, including but not limited to water supply, wastewater output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and
l.
The impact on adjacent lands created by the proposed use type, which should not be greater than that of other use types allowed in the zoning district.
3.
Criteria for Allowing Unlisted Accessory Uses and Structures. City staff shall interpret an unlisted use or structure as an allowable accessory use or structure to a principal use allowed in a particular zoning district only after determining that:
a.
The use or structure is accessory to the principal use, in accordance with the definitions of "accessory use" and "accessory structure" in Section 11.5, Terms and Uses Defined;
b.
The nature, function, and potential impacts of the use or structure are so similar to those of uses or structures that are accessory to the principal use, or of accessory uses allowable in the zoning district, that the unlisted use or structure should be deemed allowable in the same manner as the similar accessory uses or structures;
c.
The use or structure is compatible with the character of principal and accessory uses allowable in the district; and
d.
Allowing the use or structure as an accessory use or structure is consistent with the purpose and intent statements in this Code concerning the zoning district (See Article 4: Zoning Districts.).
4.
Effect of Allowing Unlisted Uses as Permitted Use, Special Use, or Public or Semipublic Use.
a.
After interpreting an unlisted principal use as allowed as a permitted use or Special Use or Public or Semi-Public Use, or an unlisted accessory use or structure as a permitted accessory use or structure, in a particular zoning district, City staff shall determine whether the unlisted use or structure is likely to be common or to recur frequently, and whether its omission from Article 5's use standards is likely to lead to public uncertainty and confusion.
b.
On determining that the allowed unlisted use or structure is likely to be common or would lead to confusion if it remains unlisted, City staff shall initiate an application for a text amendment to this Code in accordance with Section 3.4.B, Text Amendment, to list the use or structure in Article 5 as a permitted principal use, a Special Use of Public or Semi-Public Use, or a permitted accessory use or structure, as appropriate. Until final action is taken on the text amendment application, the interpretation of City staff shall be binding.
c.
If City staff determines that the allowed unlisted use or structure is of an unusual or transitory nature, and unlikely to recur frequently, the interpretation shall be binding without further action or amendment of this Code.