§9223.1 APPLICABILITY

Parcels and buildings shall be occupied by only the land uses allowed by Table 3: Allowed Uses and Permit Requirements, within the zone applied to the parcel by the Zoning Map (Figure 1).

A. Establishment of an Allowable Use:

1. Any one or more land uses identified by Table 3 as being allowed within a particular zone may be established on any parcel within that zone, subject to the planning permit required for the use by Table 3, and in compliance with all other applicable requirements of this article.

2. Where a single parcel is proposed for development with two (2) or more land uses listed in Table 3, the overall project shall be subject to the highest planning permit level required by the table for any individual use.

B. Permit Requirements for Allowable Uses: Table 3 identifies the uses of land allowed by this article in the zones established by section 9222 of this code, Zoning, and the planning permit required to establish each use. Table 3 provides for land uses that are:

1. Allowed subject to compliance with all applicable provisions of this code and shown as “A” uses in the table;

2. Allowed subject to the approval of a minor use permit (section 9231 of this code, Administration and Procedures) and shown as “MIUP” uses in the table;

3. Allowed subject to the approval of a major use permit (section 9231 of this code, Administration and Procedures) and shown as “MAUP” uses in the table;

4. Allowed as a use that is accessory to an allowed or permitted use and shown as “AC” uses in the table; or

5. Not allowed within a specified zone and shown as “ – ” in the table.

C. Use Not Listed: Whenever a use is not listed in Table 3 as an allowed use, a use requiring a use permit, or a prohibited use, the Planning Director shall determine whether the use is appropriate for the zoning district, either as an allowed use or a use subject to a use permit. In making this determination, the Planning Director shall find as follows:

1. The use is similar in nature and intensity to uses listed as allowed or requiring a use permit;

2. The use would not be incompatible with other existing allowed uses;

3. The use would not be detrimental to the continuing development of the area in which the use would be located; and

4. The use would be in harmony and consistent with the purposes of this code and the district in which the use would be located.

The determination shall be in writing and shall be final unless a written appeal to the City Council stating the reasons for the appeal, and the appeal fee, if any, established from time to time by City Council are filed with the City Clerk within ten (10) days of the date the decision was made. Appeals may be filed by the applicant or any interested party. The City Council shall conduct a duly noticed public hearing on the appeal in accordance with the procedures set forth in section 9231 of this code, Administration and Procedures. The City Council may affirm, reverse, revise, or modify the appealed decision of the Planning Director. All City Council decisions on appeals of the Planning Director’s actions are final.

licant or any interested party. The City Council shall conduct a duly noticed public hearing on the appeal in accordance with the procedures set forth in section 9231 of this code, Administration and Procedures. The City Council may affirm, reverse, revise, or modify the appealed decision of the Planning Director. All City Council decisions on appeals of the Planning Director’s actions are final.

Table 3: Allowed Uses and Permit Requirements

1. A business license may be required. Contact the City of Ukiah Administrative Office to determine if a business license is required.

2. Site development permit may be required (see section 9231 of this code, Administration and Procedures).

3. A minor use permit is required to exceed 5,000 gross square feet of floor area or 100 lineal feet on the ground floor (street level) frontage when a storefront frontage type is required by Figure 9: Special Designations Map.

4. A major use permit is required to exceed 15,000 gross square feet of floor area on the ground floor (street level).

5. A major use permit is required to exceed 5,000 gross square feet or 100 lineal feet on the ground floor (street level).

6. Allowed accessory to a residential use.

7. Allowed accessory to a single-family residence.

8. Allowed accessory to an allowed or permitted restaurant use.

9. Allowed on floors above the ground floor or behind a ground floor use. A major use permit is required to allow on the street frontage of the ground floor.

10. Allowed accessory to a principal building and subject to the requirements of Table 7: Accessory Building Standards.

11. Allowed accessory to a principal use and consistent with the requirements of Table 9: Development Standards for All Land Uses.

(Ord. 1139, §2 (Exh. A, 4.010), adopted 2012; Ord. 1176, §2, adopted 2017; Ord. 1186, §6, adopted 2018; Ord. 1188, §3, adopted 2018; Ord. 1210, §2, adopted 2021; Ord. 1226, §9, adopted 2022)