(A) Applicability. Buildings, structures, or land must only be used in a manner permitted in the zoning districts where they are located. Buildings or structures must be erected, reconstructed, or structurally altered in compliance with this chapter.
(B) Land use specified. Each land use is classified as a permitted, not permitted, or a special exception use for each zoning district in the use tables of this chapter (the "Use Table") or elsewhere in this chapter.
(C) Special exception uses. A special exception use requires a greater degree of review because of its potential impact upon the immediate neighborhood and the community. The BZA reviews a special exception petition's characteristics and impacts to determine its suitability in each location for those Zoning Districts in which it is permitted. Special exception approval is subject to a public hearing and review by the BZA (see § 154.180(H)).
(D) Unlisted or questionable land uses. If a land use is not specifically listed on the Permitted Use Table, the Administrator determines the land use classification of the use. This determination is appealable to the BZA (see § 154.180(C)).
(E) Primary use classifications, categories and specific use types.
(1) Primary use classifications. All primary land uses in the Permitted Use Table are organized into one of the following five general land use classifications:
(a) Residential uses;
(a) Civic, public and institutional uses;
(b) Commercial sales, service and repair uses;
(c) Industrial, manufacturing and wholesale uses;
(d) Agriculture.
(2) Primary use categories and specific use types. Primary uses are further organized into use categories and specific use types under each general classification. The Permitted Use Table is organized into the above five general land use classifications, use categories and specific use types.
(3) Classifications and categories are mutually exclusive. The general land use classifications and use categories listed in the Permitted Use Table are mutually exclusive. For example, the use "Lodging Accommodations," cannot be classified in a different use category, such as "Group Living," unless otherwise expressly allowed by this chapter.
(F) Explanation of table cell entries. Each of the cells on the Permitted Use Table indicates whether a use is permitted or not and what limitations apply to the specific use. Items listed in the Use Limitations column refer to conditions for a specific use (see § 154.040).
(1) Permitted use ("P"). A "P" in a table cell indicates the use is permitted in the respective zone district and subject to compliance with the use limitations referenced in the second column of the Permitted Use Table (Use Limitation Notes).
(2) Use not permitted (blank cell). A blank table cell indicates the use is not permitted in the zone district.
(3) Use subject to special exception review ("S"). An "S" in a table cell indicates the use is generally appropriate in the neighborhood context and zone district. Special exception uses may have the potential for limited impacts on adjacent properties or on the established character of the neighborhood context or zone district. "S" uses are subject to BZA public hearing according to special exception review, which grants the BZA the authority to impose conditions on the specified use to mitigate any potential impacts. Such uses must comply with any applicable use limitations noted in the condition column of the Permitted Use Table Use Limitation Notes), as well as the review criteria stated in § 154.180.
(Ord. 2022-17, passed 7-19-2022)