§ 26-28-020. Uses permitted with a use permit.

Uses permitted with a use permit include the following:

(a)

One (1) dwelling unit on a permanent foundation per lot, subject, at a minimum, to the following criteria and provided that no commercial use may be permitted unless the dwelling unit is removed or converted to another use in accordance with this district:

(1)

The property is not located within a redevelopment project area identified on the general plan land use map,

(2)

The property has constraints or is of such a size as to make it infeasible to develop with the commercial uses allowed by zoning,

(3)

The unit complies with setbacks, building heights and other standards of the applicable zoning district,

(4)

The unit meets other conditions which may result from the application review process;

(b)

One (1) dwelling unit on a permanent foundation per lot, if compatible with and secondary to an existing or proposed commercial use, and provided that the property has not otherwise been developed with a dwelling unit;

(c)

Mixed Use Developments. Additional dwelling units for permanent occupancy as part of a mixed commercial/residential development, provided that the property is located within an urban service area as defined in the general plan and that the residential units complement and are compatible with an existing or proposed commercial use, subject to the provisions of Section 26-88-123, Mixed use developments;

(d)

Churches;

(e)

Public playgrounds, parks, community centers, libraries, museums and similar uses and buildings;

(f)

Minor public service uses or facilities (transmission and distribution lines and telecommunication facilities excepted), including but not limited to reservoirs, storage tanks, pumping stations, telephone exchanges, small power stations, transformer stations, fire and police stations and training centers, service yards and related parking lots which, at a minimum, meet the criteria of general plan Policy PF-2s and which are not otherwise exempt by state law;

(g)

Exploration and development of low temperature geothermal resources for other than power development purposes provided that at a minimum it is compatible with surrounding land uses;

(h)

Major medical facilities;

(i)

Commercial planned developments and commercial condominiums. Compatibility and provision of amenities shall be required and unique characteristics, design innovation and creativity shall be additional criteria utilized in evaluating such development. The minimum lot size and required yards of Section 26-28-030 shall not apply to such development. Conversions of existing buildings to commercial condominium or commercial planned development may be accomplished by use permit waiver pursuant to Section 26-28-010(g) and applicable Sections of Chapter 25 of this code;

(j)

Day care center;

(k)

Large residential community care facility;

(l)

Gymnasiums, health clubs, spas, indoor recreation, and similar uses;

(m)

Veterinary clinics;

(n)

Intermediate freestanding commercial telecommunication facilities greater than fifty feet (50′) in height, subject at a minimum to the applicable criteria set forth in Section 26-88-130;

(o)

Noncommercial telecommunication facilities greater than eighty feet (80′) in height subject at a minimum to the applicable criteria set forth in Section 26-88-130;

(p)

Small wind energy systems located within a county-designated urban service area or within two thousand five hundred feet (2,500′) of a county-designated urban service area, subject to the standards in Section 26-88-135;

(q)

Live/work uses in conjunction with a legally established single family residential unit subject to the requirements of Section 26-88-122. Live/work uses shall not be permitted in a mixed use development, SRO unit, or caretaker unit;

(r)

Other nonresidential uses which in the opinion of the planning director are of a similar and compatible nature to those described in this section.

(Ord. No. 5933, § II(f), 5-10-2011; Ord. No. 5569 §§ 5, 7, 2005; Ord. No. 5435 § 2(q), 2003; Ord. No. 4973 § 8 (b), (c), 1996; Ord. No. 4643, 1993.)