§ 158.075.01 RESIDENTIAL DISTRICTS: REGULATION OF PRINCIPAL USES.

   (A)   Table of Principal Land Uses. In the table below, the following applies:

      (1)   The letter "P" indicates that the use is permitted in the district indicated.

      (2)   The letter "C" indicates that the use is allowed following conditional use authorization by the BZA in accordance with § 158.133.

      (3)   The letter "X" indicates that the use is prohibited.

      (4)   The letters "NA" indicate the use is not applicable to the district.

      (5)   Any use not listed is prohibited unless the BZA determines that the use is similar in impact, nature, function, and duration to an allowed use listed in the table of uses, and which would not be otherwise detrimental to the public health, safety, or general welfare of the community, unless otherwise specifically prohibited.

      (6)   The particular and specific control the general.

      (7)   In case of any difference of meaning or implication between the text and any caption, the text controls.

      (8)   In case of any difference of meaning or implication between the text and any language in the definition of the use or the purpose and intent of the zoning district, the text controls.

      (9)   Words used in the singular include the plural (and vice versa).

      (10)   Words or phrases not specifically defined in this chapter shall be construed according to the common and generally recognized usage of the language. Technical words and phrases, and others that have acquired a specific meaning in the law, shall be construed according to that meaning.

      (11)   An administrative adjustment or variance may not be granted to permit a use in a district where the use is prohibited or to eliminate the requirement that a conditional use approval be granted for a use.

      (12)   The additional regulations listed in the table below may not include all additional regulations that apply to the use, such as the requirement for site plan review under Chapter 155.

Land Use Category Subcategory Description	R-40,000	R-20,000	R-10,000	R-7,500	Additional Regulations
AGRICULTURAL
Agriculture	P	P	P	P	§ 158.002, § 158.035, buildings or feeding pens in which farm animals are kept shall comply with § 158.040
Agricultural research laboratories, feed or grain sales, flour or grain milling, shop for the service, repair sale of farm equipment	X	X	X	X
Outdoor growing of cannabis	X	X	X	X	§ 158.002
COMMUNICATIONS
Communications/tower complex	X	X	X	X	§§ 158.002, 158.039, 158.054
COMMERCIAL
Vehicle sales/service (all uses)	X	X	X	X	§ 158.002
Eating and drinking establishments (all uses)	X	X	X	X
Banquet/event facility	X	X	X	X	§ 158.002
Funeral and interment (all uses)	X	X	X	X	§ 158.002
Facility for dispensing cannabis	X	X	X	X	§ 158.002
Lodging
Bed and breakfast	C	C	C	C	§§ 158.002, 158.071
Country inn	X	X	X	X	§ 158.002
Hotel/motel	X	X	X	X	§ 158.002
Office/Health Care
Hospital	X	C	X	X	§ 158.002
Medical or dental center	X	X	X	X	§ 158.002
Professional or business office	X	X	X	X
Veterinary facility	X	X	X	X	§ 158.002
Recreational/Entertainment
Adult entertainment business, massage establishment, striptease business	X	X	X	X	§ 158.002
Amusement park	X	X	X	X
Commercial stable	X	X	X	X	§ 158.002
Conference center	X	X	X	X	§ 158.002
Golf course	C	C	C	C	§ 158.002
Indoor recreational facility	C	C	C	C	§ 158.002
Indoor theater	X	X	X	X
Outdoor drive-in theater	X	X	X	X
Outdoor recreational area	C	C	C	C	§ 158.002
Outdoor trap, skeet, rifle, or archery ranges, including gun clubs	X	X	X	X
Retreat facility	X	X	X	X	§ 158.002
Retail/service (all uses)	X	X	X	X
RESIDENTIAL
Household Living
Multi-family dwelling, not in a planned unit development	X	X	X	X	§ 158.002
Multi-family dwelling in a planned unit development	NA	NA	P	P	§§ 158.002, 155.091
Retirement home/age- restricted multi-family housing constructed on or after January 1, 2021	X	X	C	C	§ 158.002
Retirement home/age- restricted multi-family housing constructed prior to January 1, 2021	C	C	C	C	§ 158.002
Retirement village	X	C	C	C	§§ 158.002, 158.161
Single-family dwelling	P	P	P	P	§ 158.002
Townhouse, not in a planned unit development or retirement village	X	X	X	X	§ 158.002
Townhouse in a planned unit development	NA	NA	P	P	§§ 158.002, 155.091
Townhouse in a retirement village	NA	C	C	C	§§ 158.002, 158.161
Two-family dwelling, not in a planned unit development or retirement village	X	X	C	C	§ 158.002
Two-family dwelling in a planned unit development	NA	NA	P	P	§§ 158.002, 155.091
Two-family dwelling in a retirement village	NA	C	C	C	§§ 158.002, 158.161
Group Living
Assisted living facility, 8 or fewer residents	P	P	P	P	§ 158.002
Assisted living facility, more than 8 residents	C	C	C	C	§ 158.002
Continuing care retirement community	C	C	C	C	§ 158.002
Drug treatment facility	X	X	X	X	§ 158.002
Nursing home	C	C	C	C	§ 158.002
INSTITUTIONAL/COMMUNITY SERVICE
Art, trade, business, dance, music or similar school	X	X	X	X
Community center or meeting hall	C	C	C	C
Day care center/nursery school	C	C	C	C	§ 158.002
Museum	C	C	C	C
Private school	P	P	P	P
Religious establishment	P	P	P	P	§ 158.002
Social club or fraternal organization	C	C	C	C
INDUSTRIAL
Manufacturing/production (all uses)	X	X	X	X
Trade (all uses)	X	X	X	X
Warehouse/storage/distribution (all uses)	X	X	X	X
Waste-related (all uses)	X	X	X	X
Food processing residual storage	X	X	X	X	§ 158.002
Indoor growing of cannabis	X	X	X	X	§ 158.002
Transportation/utilities
Airfield/airport	X	X	X	X	§ 158.002
Heliport	X	X	X	X	§ 158.002
Solar energy conversion facility	X	X	X	X	§§ 158.002, 158.153
Utility equipment building, yard, above-ground station or substation, or telephone exchange	C	C	C	C	§ 158.039
Utility equipment, all others	P	P	P	P	§ 158.039
Miscellaneous
Commercial kennel	X	X	X	X	§ 158.002
Conveyor system	X	X	X	X	§ 158.002
Extractive operation, with an MRO designation	X	X	X	X	§ 158.002
Planned unit development (PUD)	X	X	P	P	§ 155.091
Use-off-the premises signs	X	X	X	X	§ 158.115
PUBLIC
Public facility	P	P	P	P	§ 158.049

 

(Ord. 2022-03, passed 12-16-2021; Ord. 2022-20, passed 11-3-2022; Ord. 2023-10, passed 11-2-2023; Ord. 2024-04, passed 5-16-2024; Ord. 2024-07, passed 6-27-2024)