§ 7.1 TABLE OF PERMITTED USES.

(A) Organization of use table. The Table of Permitted Uses in this article organizes allowable uses by use classification, use categories, and use types. Section 7.2, Use Classifications, Categories, and Types, establishes the characteristics and examples of each of the use categories and types set forth in the Table of Permitted Uses.

(1) Use classification. The use classifications are: Residential Uses, Institutional Uses, Agricultural Uses, Commercial Uses, and Industrial Uses. The use classification provides a systematic basis for assigning present and future land uses into broad general classifications. The use classifications then organize land uses and activities into general use categories and specific use types based on the common functional, operational, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.

(2) Use categories. The use categories describe the major sub-groups of the use classification based on common characteristics (e.g., the Residential Use Classification is divided into two use categories: Household Living and Group Living). Use Categories are further broken down into a series of individual use types or principal uses.

(3) Use types. The specific use types are included in the respective use categories. They identify the specific uses that are considered to fall within the characteristics identified in the use category. For example, single-family detached dwellings, duplexes, townhouses, multi-family dwellings, and manufactured homes area use types in the household living category.

(B) Permitted uses. A “P” in a cell indicates that a use type is allowed by right in the respective Base Zoning District, subject to compliance with any use-specific standards contained in this article.

(C) Special uses. An “S” in a cell indicates that a use type is allowed in the respective Base Zoning District only upon the issuance of a special use permit by the Board of Adjustment, and subject to compliance with any use-specific standards contained in this article.

(D) Prohibited uses. A blank cell indicates that a particular use type is not allowed in the Base Zoning District.

(1) A blank cell indicates that a particular use type is not allowed in the Base Zoning District.

(2) No hazardous or noxious uses are allowed within any zoning district established by the land development ordinance such as, but not limited to:

(i) Acid manufacturing;

(ii) Ammonia, bleaching powder or chlorine manufacturing;

(iii) Creosote manufacturing or treatment plants;

(iv) Distillation of bones, coal, petroleum, refuse, tar and wood;

(v) Explosives, ammunition, fireworks or gunpowder manufacturing;

(vi) Fat rendering, production of fats and oils from animal and vegetable products by boiling or distillation;

(vii) Garbage, offal and animal reduction and processing;

(viii) Junkyard;

(x) Linseed oil, shellac, turpentine manufacturing or refining;

(xi) Nitrogenous tankage, fish meal or manufacturing of any fertilizer materials;

(xii) Oilcloth or linoleum manufacturing;

(xiii) Ore reduction; and

(xv) Pulp mills.

(E) Use specific standards. When a particular use category or use type is permitted in a Base Zoning District, there may be additional regulations that are applicable to the specific use. The existence of these use specific standards is noted through a section reference in the last column in the table titled “Additional Requirements.” References refer to § 7.3, Use Specific Standards. These standards shall apply to a particular use regardless of the Base Zoning District where it is proposed, unless otherwise specified.

(F) Uses prohibited by overlay zoning. An Overlay District may prohibit a particular use type despite it being allowed in the Base Zoning District, or it may require a special use permit for a use allowed by right in the Base Zoning District. In such case, the more restrictive regulation shall apply.

(G) Uses not listed. The Ordinance Administrator shall determine whether or not an unlisted use is part of an existing use category or use type defined in § 7.2, Use Classification, Categories, and Types, or is substantially similar to an already defined use type, using the standards in division 7.1.3, Interpretation of Unlisted Uses.

7.1.2 Developments with multiple permitted uses. When all principal uses of a development fall within one use category, the entire development is assigned that use category. For example, a development that contains a coffee shop, bookstore, and bakery would be classified in the Retail Sales and Service category because all of the development’s principal uses are in that use category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable use category and each use is subject to applicable regulations within that category. Developments with multiple use types, such as shopping centers, shall incorporate only those use types allowed in the Base Zoning District.

7.1.3 Interpretation of unlisted uses.

(A) Procedure for approving unlisted uses. Where a particular use type is not specifically listed in the Table of Permitted Uses, the Ordinance Administrator may permit the use type upon a finding the standards of division 7.1.3(B), Standards for Approving Unlisted Uses, are met. The Ordinance Administrator shall give due consideration to the purpose and intent statements in this ordinance concerning the Base Zoning District(s) involved, the character of the uses specifically identified, and the character of the use(s) in question.

(B) Standards for approving unlisted uses. In order to determine if the proposed use(s) has an impact that is similar in nature, function, and duration to the other use types allowed in a specific zoning district, the Ordinance Administrator shall assess all relevant characteristics of the proposed use, including, but not limited to, the following:

(1) The volume and type of sales, retail, wholesale, and the like;

(2) The size and type of items sold and nature of inventory on the premises;

(3) Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, and distribution;

(4) Any dangerous, hazardous, toxic, or explosive materials used in the processing;

(5) The nature and location of storage and outdoor display of merchandise, whether enclosed, open, inside, or outside the principal building;

(6) The type, size, and nature of buildings and structures;

(7) The number and density of employees and customers per unit area of site in relation to business hours and employment shifts;

(8) Transportation requirements, including the demand for people and freight, by volume type and characteristic of traffic generation to and from the site;

(9) Trip purposes and whether trip purposes can be shared by other use types on the site;

(10) Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other use types;

(11) The amount and nature of any nuisances generated on the premises, including, but not limited to, noise, smoke, odor, glare, vibration, radiation, and fumes;

(12) Any special public utility requirements for serving the proposed use type, including, but not limited to, water supply, wastewater output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and

(13) The impact on adjacent lands created by the proposed use type, which should not be greater than that of other use types in the zoning district.

(1) Use found to be appropriate. When the Ordinance Administrator finds that an unlisted use is appropriate and congruent with the Base Zoning District for which it is proposed, he or she shall issue a written opinion allowing such use to be established in the particular district. If the Ordinance Administrator believes that requests for such a use will become common, or that adding the use to the Table of Permitted Uses is beneficial, he or she shall initiate a text amendment to insert the use into the Table of Permitted Uses.

(2) Use found to be inappropriate. When the Ordinance Administrator finds that an unlisted use is inappropriate and incongruent with the Base Zoning District for which it is proposed, he or she shall issue a written opinion stating that such use is not allowed in the particular district. This finding may be appealed to the Board of Adjustment in accordance with the procedures for appealing an administrative decision.

7.1.4 Permitted uses. Table 7-1 on the following pages outlines the uses which are allowed either by right or with a special use permit in the Base Zoning Districts.

Table 7-1 Table of Permitted Uses

Use Category

P = Use Permitted by Right

S = Special Use Permit Required

Zoning District

Additional Requirement

Use Type

R P

R R

R S

R T

R M X

R M F

O I

N B

C B

H B

L I

H I

C X

S I

N I

C W

C E

B C G

B C V

E B G

Residential Use Classification

Household Living

Dwelling, Duplex

7.3.1.( A)(1)

Dwelling, Manufactured Home

7.3.1.( A)(2)

Dwelling, Multi-Family

7.3.1.( A)(3)

Dwelling, Single-Family Detached

Residence - Temporary Healthcare

Dwelling, Townhouse

7.3.1( A)(4)

Group Living

Group Home (1 to 6 persons)

7.3.1.( B)(1)

Group Home (more than 7 persons)

7.3.1.( B)(1)

Rooming House

7.3.1.( B)(2)

Institutional Use Classification

Comm unity Services

All (up to 10,000 sf GFA)

All (more than 10,000 sf GFA)

Educational Facilities

College or University

School, Elementary

School, Middle

School, Senior High

School, Trade or Vocational

Government Facilities

All (up to 10,000 sf GFA)

All (more than 10,000 sf GFA)

Public Parks or Recreatio nal Facilities

Healthcare Facilities

Hospital

Medical Treatment Facility (up to 10,000 sf GFA)

Medical Treatment Facility (more than 10,000 sf GFA)

Other Institutional Facilities

Assisted Living/Nursing Facility

Halfway House

Religious or Civic Institution (up to 10,000 sf GFA)

Religious or Civic Institution (more than 10,000 sf GFA)

Utilities

Telecomm. Facility, Collocatio n on Existing Tower

7.3.2(B )(2)

Telecomm. Facility, Freestandi ng

7.3.2(B )(4)

Utility, Minor

Utility, Major

7.3.2(B )(1)

Solar Farm

7.3.2(B )(4)

Working Lands Use Classification

Working Lands

Agriculture

Horticultu re/Plant Nursery

Silviculture

Adult Entertainment

All

7.3.3.( A)

Animal Care

Animal Shelter

Kennel, Outdoor

7.3.3(B )(1)

Veterinary Clinic/Boarding

Daycare

Daycare Facility, Fewer than 30 Attendees

Daycare Facility, 30 or More Attendees

Hotels and Motels

Bed and Breakfast Inn

7.3.3.( C)(1)

Hotels, Motels and Similar Uses

Offices

Single Tenant (up to 5,000 sf GFA)

Single Tenant (more than 5,000 sf GFA)

Multi-Ten ant (up to 15,000 sf GFA)

Multi-Tenant (more than 15,000 sf GFA)

Recreation, Indoor

Indoor Recreation, Non-public (up to 5,000 sf GFA)

Indoor Recreation, Non-public (more than 5,000 sf GFA)

Country Club

Equine Stable/Riding Academy

7.3.3( D)(1)

Arena, Amphitheater, or Stadium

Indoor Shooting Range

7.3.3( H)

Recreation, Outdoor

Outdoor Recreation, Non-public

7.3.3(E )

Golf Course, Public or Private

Golf Driving Range

Outdoor Shooting Range

Restaurant

Restaurant without Drive Through Service

Restaurant with Drive Through Service

Retail Sales and Services

Automobile Sales

7.3.3.( F)(6)

Bar, Nightclub , or Similar Establishment

7.3.3(F )(1)

Retail Sales and Services

Microbre wery or Microdistellery

7.3.3(F )(7)

Retail/Service Use with Gasoline Sales

7.3.3(F )(2)

Type 1 Retail or Service Use

Type II Retail or Service Use (up to 15,000 sf GFA)

Type II Retail or Service Use (more than 15,000 sf GFA)

Type III Retail or Service Use (up to 15,000 sf GFA)

7.3.3(F )(5)

Type III Retail or Service Use (more than 15,000 sf GFA)

7.3.3(F )(5)

RV Park

Recreational Vehicle Park

7.3.3( G)

Industrial Use Classification

Extractive Industry

All

7.3.4( A)

Industrial Services

Building Contractor and Related Specialties

Fuel Oil/Bottled Gas Distributor

Research and Development

Tow Service and Storage

7.3.4(E )

Manufacturing and Production

Manufacturing, Heavy

7.3.4(B )

Manufacturing, Light

Self Storage

All

7.3.4( C)

Outdoor Storage

All

7.3.4( D)

Junkyard

7.3.4(F )

Wholesale Sales

All

(Ord. A.19.01, passed 8-1-2019; Ord. A.19.02, passed 8-1-2019; Ord. A.19.04, passed 10-3-2019; Ord. A.19.05, passed 10-3-2019; Ord. A.21.01, passed 6-3-2021; Ord. A.22.01, passed 4-7-2022)

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