Duluth UDC § 206.07

Article Two. Use of Land and Structures Some degree of interpretation will occasionally be required. It is not possible to list each and every variation or name of a given use. a. In addition to other generally accepted references and resources, the North American Industrial Classification System (NAICS), published by the U.S. Department of Commerce (current edition), may be referred to in order to interpret the definition of uses listed on Table 2-C and Table 2-D and to identify similar uses that may be allowed along with each listed use. The NAICS classification number is shown on the tables for each applicable use for reference and interpretation only; the NAICS is not adopted as part of this Code. b. The NAICS assigns classification numbers to businesses and industries based on the primary business activity in which the company is engaged. While business activity usually corresponds to land use type and therefore can be easily assigned to appropriate zoning districts, there are exceptions. Some businesses may be primarily engaged in a certain industry—such as telecommunications, for instance, like AT&T—but individual locations host notably different activities. For a company like AT&T, for instance, different facilities may include retail stores for telephones, offices for administrative functions, satellite and exchange switching stations, and repair and installation staging lots where heavy equipment vehicles, telephone poles, wire spools and materials are stored. As a result, interpretation is occasionally needed for an individual use, regardless of the business activity in which the parent company is engaged. 1. If no NAICS classification number is shown on the table, there is no corresponding category to the land use listed. The use may be residential in nature (there are no NAICS categories for residences) or may be a land use activity not generally recognized as a business activity or industry type. 2. In all cases of uncertainty, the determination of whether or not a particular use is allowed in a particular zoning district shall reflect the purpose of the zoning district as stated in this Article, both the common and dictionary definitions of the use, and the array of listed uses that are allowed in the district as to their character and intensity. Table 2-C and Table 2-D are organized under the following land use categories: Table 2-C organizes the various principal uses under the following headings:  Agriculture, Forestry, and Fishing  Residential Uses  Administrative and Professional Offices  Commercial Services  Arts, Entertainment and Recreation  Retail Trade  Manufacturing, Wholesaling and Warehousing  Transportation, Communications and Utilities  Public and Institutional Uses Table 2-D presents the various accessory uses and temporary uses allowed in each zoning district. 54 | P a g e