Chapter 15.303
USE CATEGORIES
Sections:
15.303.300 Institutional and public uses.
15.303.310 Institutional care and housing.
15.303.315 Group care facility category.
15.303.321 Religious institutions and places of worship category.
15.303.322 Private club, lodge, meeting hall category.
15.303.331 School, primary or secondary category.
15.303.333 Commercial educational services category.
15.303.340 Parks and open spaces uses.
15.303.341 Open space category.
15.303.350 Public services uses.
15.303.351 Community services category.
15.303.352 Emergency services category.
15.303.360 Transportation uses.
15.303.410 Commercial office uses.
15.303.411 Medical office category.
15.303.412 Local business office category.
15.303.420 Commercial sales and rentals.
15.303.421 Retail sales – General category.
15.303.422 Retail sales – Bulk outdoor category.
15.303.423 Retail sales – Convenience category.
15.303.425 Retail food and beverage production category.
15.303.430 Eating and drinking establishments category.
15.303.440 Commercial services uses.
15.303.441 Personal services category.
15.303.442 Commercial services category.
15.303.443 Commercial vehicle services category.
15.303.450 Commercial recreation uses.
15.303.451 Commercial recreation – Indoor category.
15.303.452 Commercial recreation – Outdoor category.
15.303.453 Commercial recreation – Motor-vehicle-related category.
15.303.460 Commercial lodging uses.
15.303.501 Traded sector industry office category.
15.303.502 Industrial services category.
15.303.503 Wholesale and industry sales category.
15.303.504 Warehouse, storage and distribution category.
15.303.505 Self-service storage category.
15.303.506 Light manufacturing category.
15.303.507 Heavy manufacturing category.
15.303.508 Waste-related category.
15.303.600 Miscellaneous uses.
15.303.010 Purpose.
A. Defined and Categorized Uses. Chapter 15.305 NMC lists the allowable uses in each zoning district. The uses listed are of two types:
1. Defined Uses. Defined uses are those uses that fit a specific definition contained in the definition section under NMC 15.05.030. For example, a “family child care home” is a specific defined use that is different than other day care type uses.
2. Use Categories. Use categories are used to describe land uses and activities that may be known by several common names, but are organized on the basis of common functional, product, or physical characteristics. For example, beauty salons, tanning salons, and body art studios are classified into a general category, “personal services.” 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.
B. Interpretation. When a use’s category is not clearly identifiable, the director, through a Type I procedure, determines the applicable use category or similar use. The following is 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;
2. The relative amount of site or floor space and equipment devoted to the activity;
3. Relative amounts of sales from each activity;
4. The customer type for each activity;
5. The relative number of employees in each activity;
6. Hours of operation;
7. Building and site arrangement;
8. Vehicles used with the activity;
9. The relative number of vehicle trips generated by the activity;
10. How the use advertises itself; and
11. Whether the activity would function independently of the other activities on the site.
C. Developments with Multiple Primary Uses. When all 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 grocery store, a gift shop, and a pharmacy would be classified in the general retail sales 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 regulations for that category.
D. Accessory Uses. The “accessory uses” subsection lists common accessory uses that are allowed by right in conjunction with the use unless stated otherwise in the regulations. Also, unless otherwise stated, they are subject to the same regulations as the primary use. Typical accessory uses are listed as examples with the categories.
E. 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 general retail sales category rather than the wholesale and industry sales category. This is because the actual activity on the site matches the description of the general retail sales category.
F. Exclusions. The “exclusions” subsection of each use category indicates uses that are classified not included in that particular use category. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.100 Agricultural uses.
The following agricultural uses are defined in NMC 15.05.030:
A. Horticulture.
B. Livestock and poultry farming.
C. Home gardening.
D. Home livestock and poultry raising. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.200 Residential uses.
The following residential uses are defined in NMC 15.05.030:
A. Dwelling, single-family detached.
B. Dwelling, single-family attached.
D. Manufactured dwelling park.
E. Mobile home park.
F. Manufactured home subdivision.
G. Dwelling, duplex.
H. Dwelling, triplex.
I. Dwelling, quadplex.
J. Dwelling, townhouse.
K. Dwelling, cottage.
L. Cottage cluster project.
Q. Dormitory.
R. Home occupation. [Ord. 2889 § 2 (Exh. B § 13), 12-6-21; Ord. 2880 § 2 (Exh. B § 15), 6-7-21; Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.300 Institutional and public uses.
[Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.310 Institutional care and housing.
The following institutional care and housing uses are defined in NMC 15.05.030:
D. Prison. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.312 Day care category.
A. Characteristics. This category includes the care, supervision and guidance on a regular basis of a child, unaccompanied by a parent, guardian or custodian, during a part of the 24 hours of the day, with or without compensation. It also may include care or supervision of an adult during part of the 24 hours of the day where lodging is not provided.
B. Accessory Uses. Play areas.
C. Examples. Preschools, adult day care centers.
D. Exclusions.
2. Child care which does not require state registration or certification, such as babysitting.
3. Accessory day care that is provided primarily for the children of workers at the site is considered an accessory use.
4. Schools, primary or secondary.
5. Residential care homes and residential care facilities. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.315 Group care facility category.
A. Characteristics. The group care facility category includes licensed facilities that provide residential care alone or in conjunction with treatment or training or a combination thereof for 16 or more individuals who need not be related. Staff persons required to meet licensing requirements shall not be counted in the number of facility residents, and need not be related to each other or to any resident of the residential facility.
B. Accessory Uses. Personal service uses, recreational facilities, dining facilities, or retail sales for use of tenants, employees, or tenant visitors.
C. Examples. Nursing homes, continuing care retirement facilities, addiction treatment centers, sanitariums.
D. Exclusions. Residential care homes, residential care facilities, and prisons are separate use categories. Assisted living facilities are classified as multiple-family dwellings. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.316 Hospital category.
A. Characteristics. A medical institution that provides medical and surgical care to patients on an inpatient or emergency basis, which may be in addition to outpatient care.
B. Accessory Uses. Personal service uses, dining facilities, or retail sales for use of patients, employees, or patient visitors.
C. Examples. Urgent care centers, medical practitioners who schedule office hours regularly to provide emergency care during nighttime hours.
D. Exclusions. Medical offices are a separate use category. Animal care. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.320 Assembly uses.
[Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.321 Religious institutions and places of worship category.
A. Characteristics. Religious institutions and places of worship primarily provide meeting areas for religious activities.
B. Accessory Uses. Accessory uses include Sunday school facilities, parking, caretaker’s housing, one transitional housing unit, and group living facilities such as convents. A transitional housing unit is a housing unit for one household where the average length of stay is less than 60 days. Religious schools, when accessory to a religious institution.
C. Examples. Examples include churches, temples, synagogues, and mosques.
D. Exclusions. Religious schools are included in schools. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.322 Private club, lodge, meeting hall category.
A. Characteristics. Private clubs, lodges, and meeting halls provide meeting areas that are restricted to those with membership in the host organization, or to individuals or organizations renting the space for special events. The activities may either be religious or nonreligious. The activities may be nonprofit or for profit, though for-profit activities are limited to those with membership or prospective membership in the organization renting the space.
B. Accessory Uses. Kitchens and dining areas for the use of the host organization or the individuals or organizations renting the facility.
C. Examples. Fraternal lodges, grange halls, wedding halls.
D. Exclusions. Religious institutions and places of worship are a separate category; however, a private club, lodge, or meeting hall may be used for religious activities. Community services and commercial educational services are separate categories, though meeting halls may be rented for these types of uses. Meeting halls that are accessory to another use, such as a meeting room for tenants of an apartment complex, are accessory to that primary use. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.330 School uses.
[Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.331 School, primary or secondary category.
A. Characteristics. This category includes public and private schools, secular or parochial, at the primary, elementary, middle, junior high, or high school level that provide state mandated basic education primarily to minors.
B. Accessory Uses. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care, and administrative offices.
C. Examples. Examples include public and private daytime schools, boarding schools and military academies.
D. Exclusions.
1. Preschools are classified as day care uses.
2. Commercial music, dancing, tutoring, art or similar schools are classified as commercial educational services. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.332 College category.
A. Characteristics. This category includes public and private schools that provide postsecondary education primarily for adults, usually working toward a degree or certificate.
B. Accessory Uses. Accessory uses include cafeterias, student dormitories, recreational and sport facilities, auditoriums, student book stores, and administrative offices.
C. Examples. Examples include public and private universities and community colleges.
D. Exclusions. Commercial music, dancing, tutoring, art or similar schools are classified as commercial educational services. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.333 Commercial educational services category.
A. Characteristics. Commercial educational services uses are conducted in an office or studio setting and generally focusing on serving students with supplemental education, enrichment, and/or tutoring, where a fee is usually charged for services.
B. Accessory Uses. Accessory uses may include incidental retail (e.g., sale of instructional materials) or other amenities primarily for the use of employees and customers.
C. Examples. Examples include tutoring centers, computer classes, after-school math and reading centers, arts and crafts classes, music and dancing school.
D. Exclusions. Schools, primary and secondary, and colleges are separate use categories. Preschools are classified as day care uses. Uses conducting lessons in the home of the provider are classified as home occupations. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.340 Parks and open spaces uses.
The following parks and open space use is defined in NMC 15.05.030:
A. Golf course. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.341 Open space category.
A. Characteristics. Open spaces provide outdoor space for natural feature preservation, or for walking, sitting, watching, or observing. Most of the area is left in native vegetation. Open spaces may be publicly or privately owned, and public access may be restricted or prohibited.
B. Accessory Uses. Trails, viewing platforms, interpretive displays, benches, a single picnic table, including those with covers, not in close proximity to other such tables.
C. Examples. Nature preserves, stream corridors.
D. Exclusions. Parks are a separate use category. Active recreational facilities such as playgrounds or ballfields, pavilions or picnic areas including multiple tables or facilities in close proximity are classified as parks. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.342 Park category.
A. Characteristics. Park uses provide areas for outdoor recreation, whether passive or active. Parks may be privately or publicly operated, but no admission fee is charged.
B. Accessory Uses. Accessory uses may include pavilions, club houses, maintenance facilities, concessions, caretaker’s quarters, and parking.
C. Examples. Playgrounds, community sports fields, public squares, picnic pavilions.
D. Exclusions. Commercial recreational uses are a separate category. Open spaces without access or with only trails or observation areas are classified as open space. Recreational facilities accessory to a school, church, or public community center use, regardless of whether admission is charged, are part of the primary use. Golf courses are a separate use. [Ord. 2780 § 1 (Exh. A § 1), 4-6-15; Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.350 Public services uses.
The following public service uses are defined in NMC 15.05.030:
B. Cemetery. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.351 Community services category.
A. Characteristics. Community services are uses of a public, nonprofit, or charitable nature generally providing a local service to people of the community. Generally, they provide the service on the site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community centers or facilities that have membership provisions are open to the general public to join at any time (for instance, any senior citizen could join a senior center). The use may also provide special counseling, education, or training of a public, nonprofit or charitable nature.
B. Accessory Uses. Accessory uses may include offices, meeting areas, food preparation areas, parking, health and therapy areas, day care uses, and athletic facilities.
C. Examples. Examples include libraries, museums, senior centers, community centers, publicly owned swimming pools, youth club facilities, social service facilities, vocational training for the physically or mentally disabled, soup kitchens, and surplus food distribution centers.
D. Exclusions.
1. Private lodges, clubs, and meeting rooms are a separate use category. Private or commercial athletic, health clubs, or museums are classified as commercial recreation.
2. Parks are a separate category.
3. Uses that provide lodging to individuals. These may be classified as dormitories, residential care homes, residential care facilities, or other uses depending on the nature of the lodging provided.
4. Public safety facilities are classified as emergency services. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.352 Emergency services category.
A. Characteristics. Emergency services uses are facilities with personnel or equipment staged for quick response in case of emergency. The facility is operated by a public agency or private franchise agency.
B. Accessory Uses. Jails for short-term detention associated with a police station. Emergency vehicle and equipment storage or repair.
C. Examples. Police stations, fire stations, ambulance stations, and emergency highway safety equipment storage yards.
D. Exclusions. Emergency shelters are classified under community services. Utility maintenance yards are classified under utility distribution plant or yard. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.360 Transportation uses.
The following transportation uses are defined in NMC 15.05.030:
A. Transportation facilities and improvements.
B. Transit center.
C. Parking facility.
D. Airport.
E. Landing field.
F. Heliport.
G. Helipad.
H. Marina. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.370 Utility uses.
The following utility uses are defined in NMC 15.05.030:
A. Basic utilities.
B. Utility distribution plant or yard.
C. Wastewater treatment plant.
D. Telecommunication facility. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.400 Commercial uses.
[Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.410 Commercial office uses.
[Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.411 Medical office category.
A. Characteristics. Medical offices provide medical or surgical care to patients within the office. Care is provided by or under the direction of a government licensed medical practitioner. Services are provided on an outpatient basis only. Regular office hours are during the day with only occasional nighttime emergency care.
B. Accessory Uses. Sale or rental of goods associated with the medical care.
C. Examples. Offices for licensed doctors, dentists, osteopaths, massage therapists, naturopathic physicians, outpatient laboratories where the patient testing is largely conducted on site.
D. Exclusions.
1. Hospitals and urgent care centers are classified under hospitals.
2. Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified as residential care homes, residential care facilities, or group care facilities, depending on the nature of the facility.
3. Medical laboratories other than outpatient laboratories are classified as commercial service or industrial service uses depending on the nature of the laboratory.
4. Personal care by someone other than a licensed medical practitioner is included in personal services.
5. Veterinary, animal, and pet care is included either as commercial service or industrial service depending on the nature of the use. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.412 Local business office category.
A. Characteristics. Local business offices are office uses that serve the local area. General public visits to the office may be frequent. There is little or no outdoor storage of equipment and materials. Vehicles regularly on site are limited to passenger and light duty vehicles. No manufacturing occurs on site. Materials on site are mostly hand carried.
B. Accessory Uses. Accessory retail sales of items associated with the business are allowed.
C. Examples. Offices for attorneys, real estate agents, accountants, insurance agents, travel agents. Government offices.
D. Exclusions. Medical offices, personal services, and traded sector industrial offices are separate uses. Banks are commercial service uses. Office uses may be accessory to other uses, such as manufacturing, school, or church uses. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.420 Commercial sales and rentals.
The following commercial sales and rental uses are defined in NMC 15.05.030:
A. Temporary merchant. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.421 Retail sales – General category.
A. Characteristics. General retail sales uses sell or rent goods to the general public. Items are sold indoors, or, if outdoors, are limited to small items that do not require machinery to load to customers. Most items for sale are stored on or picked up from the site. Operators may be commercial or nonprofit entities.
B. Accessory Uses. Indoor manufacturing of small items primarily to be sold on site, such as retail bakeries or art studios, provided the floor area devoted to such production is less than the floor area devoted to retail sales. Repair of items sold, such as bicycles or vacuums. Wholesale sales of items that are primarily sold retail. Outdoor display for sale of two or fewer vehicles, or of bulky items requiring machinery to load occupying less than 1,000 square feet display area.
C. Examples. Pharmacies, department stores, secondhand stores, pawn shops, art sales.
D. Exclusions. Bulk outdoor retail, wholesale and industry sales, and retail convenience sales. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.422 Retail sales – Bulk outdoor category.
A. Characteristics. Bulk outdoor sales uses sell or rent large items to the general public from stock displayed or stored in whole or in part outdoors. Large items include vehicles and materials that require forklifts, tow trucks, or other loading equipment to load to customers. Sales may include sale of other items indoors or outdoors.
B. Accessory Uses. Indoor manufacturing of small items primarily to be sold on site. Repair of items sold, such as automobile repair. Wholesale sales of items that are primarily sold retail.
C. Examples. Automobile sales, RV sales, boat sales, bark chip sales, automobile rental, self-moving truck rental, retail lumber yard.
D. Exclusions. Retail indoor sales, wholesale and industry sales. Outdoor vehicle sales with two or fewer vehicles displayed is general retail sales. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.423 Retail sales – Convenience category.
A. Characteristics. Convenience retail sales uses sell items to the general public that mostly are used or consumed the same day. Store size is limited to a specific floor area established by the zoning district. Items are sold predominantly indoors.
B. Accessory Uses. Eating and drinking (non-alcohol-related).
C. Examples. Mini-marts.
D. Exclusions. Retail sales – general. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.425 Retail food and beverage production category.
A. Characteristics. Uses in this category prepare and package food and beverages for retail sale or consumption on site, and for shipment for sales at other locations. These are medium-sized operations, using 10,000 square feet or less of floor for production. The area on site devoted to retail sales and dining is at least 25 percent of the floor area.
B. Accessory Uses. Drive-up service windows. Note that drive-up service windows require a conditional use permit in some zones. Entertainment.
C. Examples. Small-scale wineries, breweries, and distilleries with tasting rooms on site. Retail bakeries. Chocolate shops.
D. Exclusions. Wholesale bakeries, wineries, breweries, and distilleries with no or smaller retail or dining components are classified as light industrial uses. Restaurants or retail shops that also produce food or beverages, where dining or customer areas comprise the majority of the floor area, or all food is sold “take-out,” such as some brew pubs and bakeries, are classified as eating and drinking establishment or general retail sales. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.430 Eating and drinking establishments category.
A. Characteristics. Eating and drinking establishments provide customers ready to consume food or drink for purchase. These establishments often provide tables and seating for the customers, and may provide take-out or delivery service. Eating and drinking establishments are of two types:
1. Alcohol-related are those establishments that serve alcohol and where minors are prohibited by law in any portion of the customer area.
2. Non-alcohol-related are those establishments that do not serve alcohol, or that do serve alcohol but minors are not prohibited by law in any portion of the customer area.
B. Accessory Uses. Drive-up service windows. Note that drive-up service windows require a conditional use permit in some zones. Entertainment. Bakeries, wineries, breweries, distilleries and similar food production areas provided the area devoted to production and storage is less than the floor area devoted to dining and retail sales, and the food is offered for sale on site.
C. Examples. Alcohol-related uses include bars, night clubs, taverns, and tasting rooms. Non-alcohol-related uses include restaurants, take-out food service, and soda fountains.
D. Exclusions. Nonprofit membership-only clubs are classified in private clubs, lodges, and meeting halls. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.440 Commercial services uses.
The following commercial services uses are defined in NMC 15.05.030:
A. Temporary merchant. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.441 Personal services category.
A. Characteristics. Personal service uses are engaged primarily in physical aesthetic services or nonmedical treatment to individuals at the site.
B. Accessory Uses. Retail sale of products associated with the service is permitted, such as sale of hair care products at a beauty salon.
C. Examples. Beauty salons, barber shops, tanning salons, body art salons.
D. Exclusions. Personal services exclude medical offices. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.442 Commercial services category.
A. Characteristics. Commercial service establishments provide services to the general public for compensation. Customers typically come to the site to receive the service. Items that are brought in and serviced are predominantly small, hand carried items. Outdoor storage of materials on site is limited to small (under 400 square feet), fenced and screened areas. The establishments use passenger or light duty vehicles at the site; larger vehicles rarely visit the site. Operators may include government or nonprofit organizations.
B. Accessory Uses. Retail sale of items related to the service.
C. Examples. Banks, post offices, photocopy stores, dry cleaning and laundry services, mortuaries, small animal clinics and hospitals, sewing machine, vacuum, small appliance or jewelry repair shops, tailor shops, photography studios.
D. Exclusions. Outpatient medical laboratories are classified as medical office uses. Commercial kennels. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.443 Commercial vehicle services category.
A. Characteristics. Commercial vehicle service uses repair and service passenger vehicles, light duty vehicles and recreational vehicles for the general public. This includes fueling and washing services.
B. Accessory Uses. Convenience retail uses.
C. Examples. Automobile service stations, auto repair, auto transmission, radiator, or electrical repair, car washes, towing businesses.
D. Exclusions. Servicing primarily to medium and heavy duty vehicles, farm equipment, and industrial vehicles is classified as industrial vehicle service. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.450 Commercial recreation uses.
[Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.451 Commercial recreation – Indoor category.
A. Characteristics. Indoor commercial recreation uses provide entertainment, recreation, and fitness activities for spectator or participants, within buildings. Fees usually are charged for admission or participation.
B. Accessory Uses. Eating and drinking establishments and retail sales for spectators or participants. Outdoor commercial recreation uses occupying less than 10 percent of the site.
C. Examples. Theaters, skating rinks, billiard halls, bowling alleys, dance halls, indoor miniature golf courses, arcades, athletic clubs, gyms.
D. Exclusions. Recreational facilities accessory to a school or church use, regardless of whether admission is charged. Motor-vehicle-related commercial recreation uses are a separate category. Temporary events of less than two weeks’ duration are regulated as exhibitors under Chapter 5.10 NMC. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.452 Commercial recreation – Outdoor category.
A. Characteristics. Outdoor commercial recreation uses provide entertainment, recreation, and fitness activities for spectators or participants outdoors. Fees usually are charged for admission or participation.
B. Accessory Uses. Eating and drinking establishments and retail sales for spectators or participants.
C. Examples. Drive-in theaters, sports stadiums, race tracks, outdoor driving ranges, amusement parks, outdoor miniature golf courses.
D. Exclusions. Recreational facilities accessory to a school or church use, regardless of whether admission is charged. Golf courses are a separate use. Vehicle-related commercial recreation use is a separate category. Temporary events of less than two weeks’ duration are regulated as exhibitors under Chapter 5.10 NMC. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.453 Commercial recreation – Motor-vehicle-related category.
A. Characteristics. Motor-vehicle-related commercial recreation uses provide entertainment or recreation with motorized vehicles for spectators and/or participants.
B. Accessory Uses. Eating and drinking establishments and retail sales for spectators or participants.
C. Examples. Car or motorcycle racing tracks, drag strips, go cart tracks, remote control vehicles.
D. Exclusions. Noncommercial remote control vehicle tracks open for public use or accessory to park use. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.460 Commercial lodging uses.
The following commercial lodging uses are defined in NMC 15.05.030:
B. Bed and breakfast establishment.
D. Recreational vehicle park. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.500 Industrial uses.
[Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.501 Traded sector industry office category.
A. Characteristics. Traded sector industry offices are corporate offices for traded sector industries that design, research, or create a product where the manufacturing is done at a different facility, or the product is intangible or intellectual. It may include offices for management of corporations or sales of products where the primary market is beyond the local region. General public visits to the office are very infrequent.
B. Accessory Uses. On-site testing or modeling, where such manufacturing comprises less than 20 percent of the floor area.
C. Examples. Offices for architects, surveyors, engineers, financial institutions, insurance companies, manufacturing designers, software companies and Internet based businesses where the clientele served by the office are largely beyond the local region, call centers, technical support centers, movie studios, television or radio station studios.
D. Exclusions.
1. Local business offices, medical offices, personal services, commercial services are separate uses.
2. Office uses accessory to on-site manufacturing are classified under the primary use. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.502 Industrial services category.
A. Characteristics. Industrial service uses provide services to other businesses or industries. Services often are provided off site at the customer location. Services to the general public are allowed, but general public visits to the site are infrequent. Items to be serviced may be brought in and out by truck, trailer or forklift. Materials may be stored in warehouses, or outside in enclosed areas. Trailers and medium or heavy duty vehicles may be used and stored on site.
B. Accessory Uses. Sale of items related to the service is permitted.
C. Examples. Plumbing, heating and cooling services, construction contractors, building or landscape maintenance services, large animal veterinary clinics/hospitals, laboratories, farm implement repair, medium and heavy duty vehicle repair.
D. Exclusions. Commercial vehicle service and commercial service are separate uses. Truck stops. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.503 Wholesale and industry sales category.
A. Characteristics. Wholesale sales uses sell goods or merchandise to retailers, to industrial, commercial, institutional, or other professional business users, or to other wholesalers and related subordinated services. Items are only occasionally sold directly to the general public.
B. Accessory Uses. Retail sales of items to business people visiting the site.
C. Examples. Wholesale lumber yards, construction materials stores primarily serving contractors, construction equipment rental yards, wholesale nursery sales, agricultural machinery sales, agricultural supply stores.
D. Exclusions. Livestock sales. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.504 Warehouse, storage and distribution category.
A. Characteristics. Warehouse, storage and distribution uses involve the storage, or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. It includes data centers that store and distribute electronic data. There is little on-site sales activity with the customer present.
B. Accessory Uses. Accessory uses may include offices, truck fleet parking and maintenance areas, rail spur or lead lines, docks, and repackaging of goods.
C. Examples. Examples include separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; storage of weapons and ammunition; major wholesale distribution centers; truck, marine, or air freight terminals; bus barns; parcel services; major post offices; grain terminals; the stockpiling of sand, gravel, or other aggregate materials; contractors equipment storage; and data centers.
D. Exclusions.
1. Uses that involve the transfer or storage of solid or liquid wastes are classified as waste-related uses.
2. Self-service storage is a separate use category. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.505 Self-service storage category.
A. Characteristics. Self-service storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing personal property.
B. Accessory Uses. Accessory uses may include security and leasing offices. Living quarters for one resident manager per site are allowed. Other living quarters are subject to the regulations for residential uses. Use of the storage areas for sales, service and repair operations, or manufacturing is not considered accessory to the self-service storage use. The rental of trucks or equipment is also not considered accessory to a self-service storage use.
C. Examples. Examples include single-story and multistory facilities that provide individual storage areas for rent. These uses are also called mini-warehouses. RV storage.
D. Exclusions. A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the warehouse, storage and distribution category. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.506 Light manufacturing category.
A. Characteristics. Light manufacturing uses involve manufacturing, processing, fabrication, packaging, or assembly of goods. These types of firms are involved in the secondary processing and assembly of materials and components into finished products, generally for the wholesale market, for transfer to other plants, or to order for firms or consumers. The external impact from these uses is generally less than heavy manufacturing. Outdoor storage and processing of goods and materials is less than 10 percent of the site. Transportation needs are often met by truck. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site (typically fewer than five per day per 1,000 square feet of floor area).
B. Accessory Uses. Retail sales of goods produced on site, provided the floor area devoted to retail sales is small (less than 10 percent of the floor area, up to 2,000 square feet).
C. Examples. Instrument and machinery manufacturers, food processors, furniture manufacturers, wineries, wholesale bakeries.
D. Exclusions. Heavy manufacturing is a separate category. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.507 Heavy manufacturing category.
A. Characteristics. Heavy manufacturing is a use that involves manufacturing, processing, fabrication, packaging, or assembly of large volumes of raw materials into refined products. These types of firms have significant external impacts. Outdoor storage and processing of goods and materials may exceed 10 percent of the site. Transportation needs are often met by both truck and rail. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site (typically fewer than five per day per 1,000 square feet of floor area).
B. Accessory Uses. Retail sales of goods produced on site, provided the floor area devoted to retail sales is small (less than 10 percent of the floor area, up to 2,000 square feet), and on-site sales represent less than 10 percent of total product sales.
C. Examples. Asphalt and concrete plants, paper mills, steel mills, abattoirs.
D. Exclusions. Uses that involve storage of materials without any processing. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.508 Waste-related category.
A. Characteristics. Waste-related uses receive solid or liquid wastes from others for disposal on the site or for transfer to another location, collect sanitary wastes, or manufacture or produce goods or energy from the biological decomposition of organic material. Waste-related uses also include uses that receive hazardous wastes from others and are subject to the regulations of OAR 340-100-110, Hazardous Waste Management.
B. Accessory Uses. Accessory uses may include recycling of materials, offices, and repackaging and transshipment of byproducts.
C. Examples. Examples include sanitary landfills, limited use landfills, waste composting, energy recovery plants, portable sanitary collection equipment storage and pumping, and hazardous waste collection sites, automobile wrecking yards.
D. Exclusions.
1. Disposal of clean fill, as defined in OAR 340-093-0030, is considered a fill, not a waste-related use.
2. Sewer pipes that serve a development are considered a basic utility.
3. Wastewater treatment plants are a separate use. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]
15.303.600 Miscellaneous uses.
The following residential uses are defined in NMC 15.05.030:
B. Accessory use. [Ord. 2763 § 1 (Exh. A § 5), 9-16-13.]