18.20.020 Classifying uses.
A. Use Characteristics.
1. Land uses are assigned to the use category that most closely describes the nature of the principal use. A number of the most common uses are listed under the “examples” subsection for each use category. In some zones developments may have more than one principal use. Developments may also have one or more accessory uses. For uses not listed as examples, the following is a list of factors to be considered when classifying a use into a particular category, and is also used to determine whether the activities constitute principal uses or accessory uses:
a. The description of the use or activities in comparison to the stated characteristics of each use category;
b. The intensity of the activity or use in comparison to the stated characteristics of each use category;
c. The amount of site or floor area and equipment devoted to the use or activity;
d. The presence of and amount of sales from each use or activity;
e. The customer type for each use or activity. For example, do individual customers come to the site or does the firm primarily sell goods or services to other firms?
f. The number of employees involved in the use or activity;
g. The hours of operation;
h. The building and site arrangement;
i. The type of vehicles used for the activity;
j. The number of vehicle trips generated by the use or activity;
k. How the use advertises itself;
l. Whether the use or activity would be likely to be found independent of the other activities on the site;
m. Whether the use is subordinate to and serves another use in the development;
n. Whether a use is subordinate in area, extent or purpose to the principal building or use served;
o. Whether the use contributes to the comfort, convenience or necessity of occupants, customers, or employees of a principal use; and
p. Any other relevant evidence regarding use or activity that would help to classify a particular land use.
2. In cases where a specific use is not listed as an example or the category of a use is unclear, use interpretations shall be issued as follows:
a. The community development director may provide a written use interpretation through a Type I (ministerial) procedure, pursuant to TMC 18.190.030, or refer the issue to the planning commission.
b. In cases where the community development director refers the question to the planning commission voluntarily or cases where the community development director’s written interpretation is appealed, the planning commission shall provide a written interpretation through a Type II procedure, pursuant to TMC 18.190.040.
c. Any interpretation made through the foregoing procedures shall be based on the following criteria:
i. The use interpretation is based on the factors listed in subsection (A)(1) of this section.
ii. The interpretation is consistent with applicability policies of the comprehensive plan.
iii. The interpretation is consistent with the purpose and intent of the ordinance provision that applies to the particular ordinance section, or sections, in question.
iv. The interpretation is consistent with the opinion of the city attorney.
d. Neither the community development director’s interpretation nor the planning commission’s interpretation shall have the effect of amending the ordinance codified in this chapter.
3. Any use that cannot be clearly classified within an existing use category by the use interpretation process is prohibited, unless incorporated into this title by a development code amendment, the procedures for which are outlined in Chapter 18.190 TMC, Procedures for Review of Applications and Appeals. A specific use that cannot be classified into an existing use category shall not be listed as permitted or conditional in any zone without first establishing a new use category within this chapter by development code amendment.
B. Use of Examples.
1. The “examples” subsection under each use category provides a list of examples of specific uses that are included in the use category. These lists may not be exhaustive of all the specific uses that might be included in a use category.
2. 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 be called. For example, a use with the business name, “Wholesale Liquidators” that sells mostly to individual consumers would be included in the sales-oriented retail category rather than the wholesale sales category, because the actual activity on the site matches the description of the sales-oriented retail category.
C. Accessory Uses.
1. For reference purposes, a list of accessory uses commonly associated with a particular use category is included under a subsection entitled “Accessory Uses.” Accessory uses and their associated regulations and requirements are addressed in detail in TMC 18.90.060, Accessory buildings, structures or uses.
2. A use that is accessory to a principal use in one instance may in other circumstances be considered a principal use. For example, a large business may provide an in-house daycare center for employees. This daycare center would be considered an accessory use. However, a daycare center would be considered a separate principal use if it were not affiliated with another business or use on the property.
D. Exceptions. Some of the use categories may contain an “Exceptions” subsection. These subsections provide a cross-reference for uses that may seem to be part of a particular category, but which are explicitly classified into a different use category.
E. Prohibited Uses. Certain uses are specifically prohibited in the city of Talent, even though they may be construed to be part of a particular use category. These uses are listed in a subsection entitled “prohibited” under the relevant use category. As noted in subsection (A)(3) of this section, some uses may also be prohibited because they cannot be clearly classified within an existing use category by the procedures set forth in subsection (A) of this section.
F. Developments with Multiple Principal Uses. Developments with multiple principal uses will be categorized using the following rules:
1. When all of the principal uses of a development fall within one use category, then the entire development is assigned to that use category. For example, a development that contains a hair salon, a dry cleaner, and a photographic studio would be classified as personal-service-oriented retail.
2. When the principal uses of a development fall within different use categories, each principal use is classified into the applicable use category and each use is subject to all applicable regulations for the use category. For example, a development that contains a store that sells musical instruments and an architectural office would fall into two different use categories: sales-oriented retail and general office.
3. Developments with multiple principal uses, such as shopping centers, shall incorporate only those uses permitted or allowed as provisional or by special exception in the underlying zone. [Ord. 966 § 2 (Exh. B), 2021; Ord. 846 § 2 (Exh. B); Ord. 817 § 8-3B.220, 2006.]