Page 22 - Des Moines - Zoning, Planning and Design Ch 134, 135
P. 22

134-3. USeS                                                                                       DRAFT

         Use Classifications


         134-3.2  Use Classifications                              such determinations, the community development
                                                                   director must consider:
         3.2.1   GeNerAl                                          1.  The types of activities that will occur in
         This section establishes and describes the use               conjunction with the use;
         classification system used to classify principal uses in
         this zoning ordinance.                                   2.  The types of equipment and processes to be
                                                                      used;
         3.2.2   USe cAteGOrieS                                   3.  The existence, number and frequency of
         This zoning ordinance classifies principal land uses         residents, customers or employees;
         into 6 major groupings (described in section 134-3.3
         through section 134-3.8). These major groupings are      4.  Parking demands associated with the use; and
         referred to as “use categories.” The use categories are   5.  Other factors deemed relevant to a use
         as follows:                                                  determination.
         A.  Residential (see section 134-3.3).                 c.  If a use can reasonably be classified in multiple
         B.  Public, Civic and Institutional (see section 134-3.4).  categories, subcategories or specific use types, the
         c.  Commercial (see section 134-3.5).                     community development director is authorized to
                                                                   categorize each use in the category, subcategory
         D. Industrial (see section 134-3.6).                      or specific use type that provides the most exact,
         e.  Agricultural (see section 134-3.7).                   narrowest and appropriate “fit.”
         F.  Other (see section 134-3.8).
                                                                134-3.3  residential Use category
         3.2.3   USe SUBcAteGOrieS                              This category includes uses that provide living
         Each use category is further divided into more specific   accommodations for one or more persons. The
         “subcategories.” Use subcategories classify principal   residential use subcategories are as follows.
         land uses and activities based on common functional,
         product or physical characteristics, such as the type   3.3.1   HOUSeHOlD liViNG
         and amount of activity, the type of customers or       Residential occupancy of a dwelling unit by a household
         residents, and how goods or services are sold or       or a family home. When dwelling units are rented,
         delivered and site conditions.                         tenancy is arranged on a month-to-month or longer
                                                                basis. Uses where tenancy may be arranged for a
         3.2.4   SPeciFic USe tYPeS                             shorter period are not considered residential; they are
         Some use subcategories are further broken down         considered a form of lodging.
         to identify specific types of uses that are regulated
         differently than the subcategory as a whole.           3.3.2   GrOUP liViNG
                                                                Residential occupancy of a building or any portion
         3.2.5   DeterMiNAtiON OF USe cAteGOrieS AND            of a building by a group other than a household or
         SUBcAteGOrieS                                          family home. Tenancy is arranged on a month-to-

         A.  The community development director is authorized   month or longer basis. Structures containing group
            to classify uses on the basis of the use category,   living uses contain individual rooms with private or
            subcategory and specific use type descriptions of   shared bathroom facilities and may also contain shared
            this article.                                       kitchen facilities, and/or common dining and living
         B.  When a use cannot be reasonably classified         areas for residents. Residents may or may not receive
            into a use category, subcategory or specific use    any combination of care, training, or treatment, but
            type, or appears to fit into multiple categories,   those receiving such services must reside at the site.
            subcategories or specific use types, the community   Examples of group living use types include assisted
            development director is authorized to determine     living facilities, fraternity and sorority houses and
            the most similar and thus most appropriate use      temporary shelters.
            category, subcategory or specific use type based    A.  Assisted living Facility. An assisted living facility is
            on the actual or projected characteristics of the      a group living use consisting of individual rooms or
            principal use or activity in relationship to the       dwelling units where meals and assistance with daily
            use category, subcategory and specific use type        living activities are provided to the residents, who
            descriptions provided in this article. In making       are primarily elderly persons. Assisted living facilities
                                                                   must be licensed as a residential care facility,


         134-3-6                                                                          DRAFT AUgUST 3, 2017
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