Fulton Permitted and accessory use table ordinance (§ 120-51)

(a) Purpose. The use table of this section provides a tabular summary of the land use types allowed in each zoning district. The table is intended for reference and does not necessarily reflect all the regulations that may apply to particular uses or districts. In the event of a conflict between the use regulations of this section and those found in the text of the zoning district regulations, the text of the zoning district regulations shall prevail.

(1) Permitted (by-right) uses. Uses identified in a zoning district column of table A with a "P" are "permitted by-right" and shall be permitted in such zoning district, subject to any additional regulations as may be indicated in the "use-specific standards/additional comments" column and all other requirements of this chapter.

(2) Conditional uses. Uses identified in a zoning district column of table A with a "C" are "conditional uses" and shall be permitted in such zoning district, subject to the issuance of a conditional use permit (CUP), any additional regulations indicated in the "use-specific standards/additional comments" column of table A, and all other requirements of this chapter. All conditional uses shall require the receipt of a CUP prior to the issuance of a building permit. A CUP may be obtained by following the procedures and complying with the performance standards set forth in subsection 120-231(f).

(3) Accessory uses. Uses identified in a zoning district column of table B with an "A" shall be permitted in such zoning district, subject to meeting the performance standards and any additional regulations indicated in the "use-specific standards/additional comments" column of table B, and all other requirements of this chapter.

(4) Temporary uses. Uses identified in a zoning district column of table C with an "T" shall be permitted in such zoning district, subject to meeting the performance standards and any additional regulations indicated in the "use-specific standards/additional comments" column of table C, and all other requirements of this chapter.

(5) Unlisted uses. Uses not listed have been determined either not to be appropriate in any district, incompatible with certain existing uses, or sufficiently rare or unexpected as to be incapable of being listed at the time of adoption of this chapter.

(6) The last column of tables A, B, and C entitled "use-specific standards/additional comments" references additional supplemental requirements categorized by land use. The numbers in this column refer to specific sections found in this chapter. Additional requirements, beyond those listed in the use-specific standards/additional comments column, may be required at the discretion of the city.

Table 1 - Permitted and Conditional Uses P = Permitted, C = Conditional

Zoning District Residential Commercial Industrial Other Use-Specific Standards/Additional R-1 R-2 R-3 C-1 C-2 C-3 M-1 M-2 A-1 MH- Comments 1

Land Use Category

Residential Uses

Household Living

Single family dwelling P P P P P - - - P -

Two-family dwelling - P P P P - - - - -

Row house/town - P P P - - - - - house

Manufactured home - - - - - - - - - P See sections 120-117 (mobile home) and subsection 120- 31(c)(4)

Group Living

Boarding - - P P P - - - - - houses/lodging houses/group homes

Group housing - - P P P - - - - - projects

Apartment - - P P P - - - - - complexes

Fraternity/sorority - - P P P - - - - - houses or dormitories

Public and Institutional Uses

Adult and Child Care

Nursing, rest or - P P P P - - - - - For nursing homes on convalescent home five acres or more, see similar use under community service subheading below

Nursery, pre- - P P P P - - - - - kindergarten, kindergarten, play, dancing, music, and other similar schools

Family day care P P P P P - - - - - See supplemental homes, day care regulations centers, preschool nursery school, child play, child education, child experiment stations or child development institutions

Community Service

Mortuaries - - - P P P* P - - - *See the CEM district, in subsection 120-31(d) (4)

Funeral homes P P

Funeral homes, sale, P* *See the CEM district, display and storage in subsection 120-31(d) of monuments and (4) grave markers, and uses, facilities and buildings related to the use and operation of a cemetery

Hospital, nursing C C P P P P - C - Not more than 50 home, and percent of the site area educational, may be occupied by philanthropic or buildings. Building(s) religious institution, shall be set back from on sites of not less all required yard lines than five acres an additional foot for each foot of height above MAX allowed in zoning district. See section 120-201 for height regulations

Religious, - P P P P - - - - - For religious and educational, philanthropic philanthropic, and institutions on 5 acres similar non-profit or more, see similar institutions operated use under community for charitable service subheading purposes above

Hospitals, - - P P P - - - - - For hospitals on five sanitariums, clinics acres or more, see and accessory uses similar use under Community Service subheading above.

Public school, P P P P P - - - P - nursery, prekindergarten, kindergarten, elementary and high, or private school having a curriculum equivalent to a public elementary or public high school and having no rooms regularly used for housing or sleeping purposes, and colleges with 20 or more acres of land

Government P P P P P - - - C - buildings

Churches, temples, P P P P P - - - - - and similar religious places of worship

Business or - - - P P - - - - - commercial school

Radio or television P P broadcasting station or studio

Agricultural activity - - - - - - - - P - See section 120-261 for definition of "agricultural activity"

Commercial garden - - P P P P P - P - center, greenhouse or plant nursery

Animal hospitals and - - - - P P - - - - veterinary clinics

Kennel for animal P P P boarding purposes

Roadside stand for - - - - - - - - P - the display or sale of agricultural products

Food and Beverage Services

Restaurants - - - P P P P P - - Restaurants with drivethrough or drive-in facilities, see section 120-112 (drive throughs and drive ins)

Frozen food locker P P P

Guest Accommodations

Bed and breakfast P P P P P - - - -

Hotels and motels - - - P P - - - - -

Office

Bank or financial - - - P P P - - - - Banks with driveinstitution through or drive-in facilities, See section 120-112 (drive throughs and drive ins)

Laboratory, research, - - - P P P - P - - experimental or testing facility

Newspaper P P publishing and sales

Office or office - - - P P P - P - - building

Display and - - - P P P - - - - salesroom

Medical marijuana - - - - P - P - - - See section 120-261 for dispensaries definitions of terms

Personal Services

Personal service - - - P P P - - - - uses, including barbershop, beauty parlor, photographic, messenger, taxicab, laundry or drycleaning receiving station, and other uses of a similar character

Pharmacy P P P Pharmacies with drivethrough or drive-in facilities, see section 120-112 (drive throughs and drive ins)

Self-service laundry - - - P P P - - - - or cleaning establishment

Recreation and Entertainment

Public park or P P P P P - - - P - playground

Golf course, except P P P P P - - - P - miniature course and driving tees operated for commercial purposes

Privately operated C C C - - - - - - lake, swimming pool or tennis courts, on sites of not less than five acres, as a part of subdivision development

Private recreational C C C - - - - - - - facility, where buildings do not occupy more than ten percent of the site area

Bowling alley or - - - P P P - - - - billiard parlor

Dancing or music - - - P P P - - - - academy

Theater, indoor - - - P P P - - - -

Miniature golf course - - - - P - - - - - and driving tees operated for commercial purposes

Retail

Art studio P P P

Bakery - - - P P P - - - -

Dressmaking, - - - P P P - - - - tailoring, shoe repairing, repair of household appliances and bicycles, catering and other uses of a similar character

Farm implements, - - - - P P - - - - sale and repair

Farm store or feed - - - - P P - - - - store, including accessory storage of solid fertilizer

Professional services P P P including, cleaning/restoration, laundry, mailing, printing, copying, and electrical, painting, and plumbing services

Retail store - - - P P P* - - - - *In C-3, use is contingent on Council approval per subsection 120-12(d)(3) (c)(3) (planned commercial district)

Self-service storage P P P P See supplemental facility (mini- regulations, section warehouse) 120-119

Lumberyard - - - C P P - - - -

Vehicles and Equipment

Used motorized - - - P - - - - vehicle sales or storage lot

Parking lot located C P P - - - - - - - within 300 feet of a C or M district

Off-street parking - - C C - - - - - - lots for annual or monthly rental

Automobile or trailer - - - - P P - - - - display, salesroom, and repair

Automobile service - - - - P P - - - - station or repair facility

Automobile parking - - - - P P - - - - lot

Tire sales and - - - - P P - - - - Not more than ten service, upholstering percent of the lot or and other general tract occupied by such service or repair establishment shall be establishment of used for the open and similar character unenclosed storage of materials or equipment

Autobody - - - P P - - - - renovations including vehicle interior and exterior

Car wash, self-serve P and automated

Auto wrecking yards C See supplemental and junkyards regulations, section 120-115

Any use within the See supplemental brick overlay district regulations, section 120-120

Industrial Uses

Commercial Services

Storage and - - - - - - P P - - distribution

Research, testing and - - - - - - - P - - development

Fuel/resource - - - - - - P - - - storage

Warehousing (except P P See section 120-118 self-service storage open storage facilities)

Assembly and P packaging

Medical marijuana- - - - P P P - - - See section 120-261 for infused product definitions of terms manufacturing facilities

Medical marijuana - - - - - - P - - - See section 120-261 for cultivation facilities definitions of terms

Printing, lithographic P and similar uses

Extraction of coal, - - - - - - - - C - sand, or gravel

Airport C -

Truck or bus terminal - - - C C - - - -

Manufacturing, P P Product manufacturing processing, or must be free of fabrication facilities, objectionable provided that such nuisances or fully use is NOT noxious controlled by or offensive by installation of reason of vibration or appropriate abatement noise beyond the devices confines of the building, emission of dust, fumes, gas, odor, smoke or other particulate matter, or flammable ingredients

Manufacturing, P P Product manufacturing processing, or must be free of fabrication facilities objectionable of products from nuisances or fully previously prepared controlled by materials which installation of result in a final appropriate abatement product or parts for a devices final product, provided that such use is NOT noxious or offensive by reason of vibration or noise beyond the confines of the building, emission of dust, fumes, gas, odor, smoke or other particulate matter, or flammable ingredients

Manufacturing, C Examples in this processing, or category with offensive fabrication facilities or noxious impacts which may be may include, but are noxious or offensive not limited to, rubber by reason of the product manufacturing, emission of odor, fish oil dust or particulate manufacturing/refining, matter, volatile adhesive and glue organic compounds, manufacturing, sugar smoke, gas, noise or beet refining, and vibration pesticides

Table 2 - Accessory Uses A = Permitted Accessory Use C=Conditional

Zoning District Residential Commercial Industrial Other Use-specific standards, comments

R-1 R-2 R-3 C-1 C-2 C-3 M-1 M-2 A-1 MH- 1

Agricultural A operations

Automotive A A A A A A See section 120- parking garage or 202 off-street lot (public) parking and loading regulations

Automatic teller A A A machine (ATM)

Family day care A A A Child day cares home operated within a home shall meet all requirements of the state regulatory agency

Deck, patio, A A A See supplemental platforms, and regulations gazebo section 120-111

Drive-through C A A A See section 120- lanes 112

Drive-up facilities C A A A See section 120- 112

Fence or wall A A A A A A A A A A

Garage, carport, A A A A A A A A A A See supplemental or storage regulations in building for section 120-111 accessory use (detached from principal structure)

Home occupation A A A

Horse stables, A See section 120- private 111 accessory structures and uses

Manufactured A See supplemental home park regulations management section 120-117 accessory and subsection buildings 120-31(c)(4) MH-1 zoning district)

Open storage P See supplemental regulations section 120-118

Signs, as A A A A A A A A A A permitted in chapter 92

Solar panels A A A A A A A A A A Roof mounted panels allowed in accordance with building code requirements. For free-standing panels, see supplemental regulations section 120-121

Swim pool, hot A A A A A A See supplemental tub, jacuzzi, or regulations similar facility section 120-111

Utilities (public) A A A A A A A A A A

Designated A A A A See subsection parking area(s) at 120-119(e) self-service accessory storage facilities structures and (mini warehouses) uses—parking for the outdoor storage of vehicles and watercraft

Warehousing and C A A A Use does not wholesale include selfbuildings service storage (detached from facilities principal structure)

Table 3 - Temporary Uses T = Temporary

Zoning District Residential Commercial Industrial Other Use-specific standards, comments

R-1 R-2 R-3 C-1 C-2 C-3 M-1 M-2 A-1 MH- 1

Temporary T T T T construction office or yard

Temporary real T T T T T T T estate sales/leasing office

Temporary/seasonal T T T sales events