§ 157.007 AUTHORIZED USES AND REQUIREMENTS.

(A) Authorized uses.

(1) The uses permitted in the districts established by this chapter are shown in Table 2, Authorized Uses. Where the district column is marked with an “X”, the use is permitted. Where the district column is marked with an “S”, the use may be permitted only as a special exception. Where a District column is marked with a "SD", the use may only be permitted only after an approval of special exception/development plan by both the Board of Zoning Appeals (BZA) and the Area Plan Commission (APC). All land use classifications denoted with an "SD" would be required to adhere to the conditional use standards of this chapter. An "SD" classification requires special exception approval by the Board of Zoning Appeals (BZA) and the development plan by the Area Plan Commission (APC). Where the district column is marked with a “D”, the use may be permitted only after approval of a development plan by the APC.

(2) Where a district column is marked with an “SW”, the use may be permitted by special exception approval from the BZA subject to the issuance of a license or operating permit as approved by the Boone County Solid Waste Management District. Where a district column is marked with an “XW”, the use is permitted by right in the zoning district but is subject to the issuance of a license or operating permit as approved by the Boone County Solid Waste Management District.

(3) For uses not listed, the Director shall attempt to determine if the requested use is similar to a permitted use. If the proposed use is determined to be similar to a permitted use, the permit shall be issued. If the Director determines that the use is not similar, then the application shall be denied. In case of uncertainty, the Director may refer the request for clarification or classification to the BZA for consideration in accordance with the provisions of the section on uses not listed under the duties of the Board of Zoning Appeals.

To view Tables 2-6 in PDF format, click HERE

Table 2, Authorized Uses

Use

C

AP

AG

RE

R1

R2

R3

R4

MF

AB

LB

GB

UB

PB

I1

I2

AZ

Education

Art and music schools

X

Colleges and universities

S

X

Elementary and secondary schools

D

X

Junior colleges and technical institutes

S

X

Libraries and information centers

D

X

Trade or business school

X

S

X

Non-Industrial Farm, Agricultural, Animal-Related Uses

Animal day care facility

SD

@ Commercial greenhouse

S

X

Kennel, small

SD

Kennel, large

SD

Kennel, unlimited

SD

@ Roadside produce stand

S

X

@ Sale barn for livestock

S

X

S

X

@ Veterinary animal hospital

X

Farm

X

Hay, grain and feed stores

X

Landscape contractor

S

Plant nursery

S

X

Government

@ Penal or correctional institutions

S

@ Police, postal or fire station

D

X

Municipal or government buildings

D

S

X

Publicly-owned park or recreational facility

X

D

X

Industrial Uses

@ Anhydrous ammonia or similar liquefied fertilizer storage and distribution

SD

@ Auction sales yard (excluding livestock)

S

X

@ Commercial facility for breeding non-farm fowl and animals

X

S

X

@ Confined feeding

X

@ Contractors storage

S

X

@ Industry, general

X

@ Junk yard

S

X

@ Light industrial park

X

@ Liquefied petroleum gas, bottled gas dealers

S

X

@ Manufacturing, use or storage of explosives

S

@ Mineral extraction

S

@ Open material storage

S

X

@ Petroleum tank farm

S

X

@ Slaughter house

S

X

@ Truck freight terminal

X

@ Warehouse (general)

S

X

@ Warehouse (grain storage)

S

X

@ Wholesale produce terminal

S

X

Farm product processing food processing

X

Fuel dealers

SD

Light industry

X

Linen supply

S

X

Machine shop, large

S

Machine shop, small

S

Warehousing, storage or recycling of hazardous waste

*

Warehousing, storage or recycling of radioactive waste

*

Wholesale business

X

Non-Profit Membership Organizations

Business associations

X

Charitable institutions

X

Church or temple

X

D

X

Civic, social, religious, political or fraternal organizations

D

X

Recreation, Amusement, Tourism

@ Fairgrounds

X

@ Golf and country clubs

X

@ Golf driving range and miniature golf course

X

@ Hotel or motel

X

@ Outdoor recreation facility

S

@ Outdoor shooting range, public or private

S

X

@ Public camp ground or recreational vehicle park

S

@ Race track

S

X

@ Stable, private

X

S

X

@ Stadium, coliseum

X

@ Theater, outdoor

S

X

Bed and breakfast

SD

Billiard and pool establishments

X

Bowling alleys

X

Dance halls, studios and schools

X

Indoor recreation facility

X

Lodge or private club

X

Motion picture theater

X

Museum and art gallery

X

Public golf course

X

Seasonal hunting and fishing lodge

X

D

Skating

X

Stable, public

X

S

X

Residential

@ Day care center

SD

@ Minor residential subdivision

S

X

S

@ Mobile home park

D

Customary home occupation (accessory use)

X

S

X

Domestic crafts

X

Assorted fabric services excluding dry cleaner

X

Woodworking services

X

Hair grooming, home catering and internet sales

X

Law, medicine, architecture, engineering, accounting

X

Academic and cultural arts tutoring

X

Consultation only - insurance office, planning, real estate, notary public, manufacturer's agent

X

Dwelling - multi-family

D

Dwelling - single-family

S

X

S

Dwelling - two-family

D

Farm seasonal worker housing

X

Fraternity, sorority or student housing

D

Group residential facility

S

X

S

Major residential subdivision

S

X

S

Nursing home

D

Orphanage

D

Temporary mobile home

X

Retail Trade: Food Stores

@ Drive-in restaurant/fast food

SD

Cafeteria, restaurant

X

S

Candy, nut and confectionary

X

Carry out restaurant

S

X

Dinner theater

X

Fruits and vegetables

X

Grocery, bakery, meat and fish, dairy products, health foods

X

Night club

X

Tavern

S

X

Retail Trade: General Merchandise

@ Shopping center

D

Antique store

S

X

Apparel shop, shoes, custom tailoring

X

Bait sales

X

Bicycle shops

X

Boat sales

X

S

Book and stationary store

X

S

Camera and photographic supply

X

China, glassware, metalware

S

X

Department store

X

Drapery, curtain and upholstery

S

X

Drug store

S

X

S

Electrical supply store

X

Farm and garden supply

X

Farm implements and equipment sales

X

Floor coverings

S

X

Florists, furriers

X

Gift, novelty and souvenir shops

S

X

Hardware or variety store

X

Hobby, toy and game shops

X

Household appliances, furniture

S

X

Jewelry store

X

Liquor store

SD

Lumber and building materials dealer

X

S

X

Monument sales

X

Music and video stores

S

X

News dealers

X

Paint, glass and wallpaper store

X

Pet shops

X

Plumbing, heating and air conditioning dealer

X

Sporting goods

X

Studio business

S

X

Tobacco stores

X

Services: General

Accounting, auditing and bookkeeping service

X

@ Adult entertainment businesses

S

Advertising agencies

X

Agricultural credit institutions

X

Attorney services

X

Auto license bureaus

X

Banks and branch banks

X

Blueprinting and photocopying

S

X

Bond and mortgage company, savings and loan, installment sales, finance

X

Clothing rental

X

Coin-operated laundry and dry-cleaning

X

Collection agencies

X

Commercial testing laboratories

X

Counselor-at-law

X

Detective agencies and protective services

X

Diaper service

X

S

X

Disinfecting and exterminating services

X

Dressmaking

X

Electrical repair shop

S

X

Engineering and architectural service

X

Insurance agents, brokers and service

X

Newspaper publishing

X

Private employment agencies

X

Professional office

X

Real estate service

X

Reupholster and furniture repair

S

X

Shoe repair

X

Stenographic service

X

Stock brokers and dealers

X

Tailoring and pressing shops

X

Temporary help supply services

X

Watch, clock and jewelry repair

S

X

Services: Medical

@ Convalescent homes

D

@ Clinic

X

@ Hospitals

X

Blood banks

X

Life care facility

X

Medical and dental laboratories

X

Medical office

X

Services: Personal

@ Cemetery or crematory

X

Barber shop, beauty shop

X

Mortuary

X

Photographic studio

X

Reducing and health salons

X

Solid Waste Land Disposal Facilities

@ Compost/digester facility

SW

@ Composting facility

XW

SW

XW

SW

@ Construction/ demolition site

SW

@ Incinerator

SW

@ Resource recovery facility

SW

@ Sanitary landfill, privately owned

SW

@ Sanitary landfill, publicly owned

XW

@ Transfer station

SW

XW

Landfill, hazardous waste or radioactive waste

*

Long-term permitted clean fill disposal site

XW

SW

XW

Long-term permitted clean fill processing site

XW

SW

XW

Restricted waste site

SW

*

Temporary permitted clean fill disposal site

XW

Temporary permitted clean fill land reclamation site

XW

Temporary permitted clean fill processing site

XW

Utilities, Transportation, Communications

@ Airport or heliport

S

X

@ Public water wells, water stations, filtration plants, reservoirs and storage tanks

S

X

@ Telephone exchange or public utility station

S

X

@ Wireless communication facility

S

Mass transit station

X

Off-premises signs

X

Radio or television station or studio

X

Transmission lines for utilities

S

X

Vehicle Dealers, Repair and Services

@ Automatic car wash

SD

@ Parking lot

X

@ Truck service center

SD

Automobile body shop and painting

S

X

Automobile or motorcycle sales

X

Automobile parts supply

X

Automobile repair, service station

X

S

X

Mobile home, travel trailer, camper sales and service

X

S

X

Parking garage

X

Passenger car rental

S

X

Storage and dismantling of disabled vehicles

X

Tire, battery and accessory dealers

S

X

Truck sales, rental, leasing, repair

X

(B) Single-family residential use and requirements.

Table 3, Residential Uses and Requirements - Single Family
	AG	RE	R1	R2	R3	R4	LB	U5	GB	FS	A5
Maximum height of buildings	35	35	35	35	35	35	35	35	35	35	35
Minimum ground floor area
—One-story 1,200	1,200	1,200	1,200	1,200	900	900	900	900	900	1,200	900
—Multi-story	900	900	900	900	750	750	750	750	750	900	750
Minimum acres required per dwelling unit
Minimum acreage on well/septic	2	3	2	2	2	2	2	2	2	2	2
Minimum acreage on utilities	2	3	1	0.6	0.33	0.23	0.23	0.23	0.23	0.23	0.23
Maximum lot coverage	50%	50%	60%	60%	70%	70%	70%	70%	70%	70%	70%
Minimum structure width: 18 feet in all districts.
Minimum lot area: 5,000 square feet in all districts with public sewers. Two acres in all districts without public sewers and 3 acres in the RE District, with or without public.
Public water and public sewer connection: respired in all districts for lots that are less than 1 acre in size.
Utility connection: required for major residential subdivisions with 15 lots or more.
Road frontage: 45 feet in all districts (in subdivisions, up to 20% of total lots may reduce road frontage by up to 20%).
Minimum front yard: 20 feet in all districts (not applicable: to flag lots).
Minimum rear yard for primary structures: 20 feet in all districts.
Minimum rear yard for accessory structures: 5 feet in all districts.
Minimum side yard: 5 feet in all districts, except the Agricultural District.
Number of parking spaces per lot: 2 in all districts.
Minimum spacing between dwellings created in the Agricultural District: 140 feet.

(C) Two-family and multi-family dwelling residential uses and requirements.

Table 4, Residential Uses and Requirements - 2-Family and Multi-Family Dwellings
	R2	R3	R4	MF	LB	UB	GB	PB	AB
Maximum Density* (units per acre)	*Subject to modification pursuant to development incentives contained in §§ 157.070 et seq.
—Two-family dwellings	1.75	3	4.25	NA	4.25	4.25	4.25	4.25	4.25
—Multi-family dwellings	NA	NA	NA	7	20	20	20	20	12
Maximum height of buildings	35	35	50	50	50	50	50	50	50
Minimum ground floor area (per dwelling unit)
—1-story	900	700	700	700	700	500	500	700	700
—Multi-story	450	400	400	400	400	350	350	400	400
Minimum front yard in all districts: 20 feet.
Minimum side and rear yard in all districts: 10 feet.
Number of parking spaces per dwelling unit in all districts: 2.
Public water and public sewer connection required in all districts for all development.

(D) Mobile home parks residential uses and requirements.

Table 5, Residential Uses and Requirements - Mobile Home Parks
	R1	R2	R3	R4, MF
Units per acre	2	4	6	6
Minimum lot area in all districts: 5 acres.
Minimum area per unit in all districts: 4,000 square feet.
Minimum ground floor area (square feet)	1,000	900	900	900
Minimum front yard: 20 feet in all districts.
Minimum side and rear yard: 10 feet in all districts.
Minimum distance between buildings (primary and/or accessory): 10 feet in all districts.
Minimum distance from building to road (feet): 20 feet in all districts.
Number of parking spaces (per dwelling unit): 2 in all districts
Public water and public sewer connection required in all districts: yes.

(E) Commercial, industrial and other noon-residential requirements.

Table 6, Commercial, Industrial and Other Non-Residential Requirements
	AG, R1, R2, R3, R4, MF	AB	LB	GB	UB	PB	CR	I1	I2	IR
Maximum height of buildings	25	35	35	75	75	35	25	75	75	35
Minimum road frontage	45	45	45	45	NA	45	45	45	45	45
Minimum front yard	20	20	20	20	NA	20	20	20	20	20
Minimum side yard	10	10	10	10	NA	10	10	10	10	10
Minimum rear yard	10	10	10	10	NA	10	10	10	10	10

(Ord. 98-25, passed 12-21-1998; Am. Ord. 2001-4, passed 2-12-2001; Am. Ord. 2002-5, passed 5-6-2002; Am. Ord. 2002-15, passed - -; Am. Ord. 2003-17, passed 8-11-2003; Am. Ord. 2003-21, passed 10-20-2003; Am. Ord. 2004-01, passed 2-9-2004; Am. Ord. 2004-7, passed - -2004; Am. Ord. 2005-19, passed 8-22-2005; Am. Ord. 2006-6, passed 5-6-2006; Am. Ord. 2007-21, passed 10-9-2007; Am. Ord. 2012-02, passed 3-5-2012; Am. Ord. 2019-02, passed 2-19-2019)