1105.05 ALLOWED PRINCIPAL USES.

   (a)   Table 1105-2 lists the principal uses allowed within the various zoning districts, except for uses allowed in PD Districts, which are established in Chapter 1107: Planned Developments.

   (b)   Explanation of Table of Allowed Permitted Uses.

      (1)   Permitted Uses.

         A.   A "P" in a cell indicates that a use type is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable standards of this code.

         B.   Permitted uses are approved administratively by the Planning Commission through the site plan review process or by the Zoning Administrator through the zoning certificate procedure, unless subject to additional reviews (e.g., variance, etc.).

      (2)   Permitted Uses with Standards.

         A.   A "PS" in a cell indicates that a use type is allowed by-right in the respective zoning district if it meets the additional standards as identified in the last column of Table 1105-2. Permitted uses with standards are subject to all other applicable standards of this code.

         B.   Uses permitted with standards are approved administratively by the Planning Commission through the site plan review process or by the Zoning Administrator through the zoning certificate procedure, unless subject to additional review (e.g., variance, etc.).

         C.   Where Planning Commission or the Zoning Administrator determine that such standards have not been met, such determinations are subject to appeal in accordance with Section 1103.14, or the applicant may submit the same or substantially similar information under an application for a variance pursuant to Section 1103.12 or a conditional use pursuant to Section 1103.08.

      (3)   Conditional Uses.

         A.   A "C" in a cell indicates that a use may be permitted if approved by the Planning Commission through the conditional use review procedure. Conditional uses may be subject to use-specific standards as identified in the last column of Table 1105-2. Conditional uses are subject to all other applicable standards of this code.

          B.   The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any conditional use listed in the table shall be subject to the general review standards for all conditional uses established in Section 1103.08(d).

         C.   Where a use is listed as P/C or PS/C, there may be certain circumstances in which a conditional use approval may be required rather than the use being permitted or permitted with standards. The specific approval required shall be as established in the use-specific standards.

      (4)   Prohibited Uses.

         A.   A blank indicates that a use is prohibited in the respective zoning district.

         B.   Any use not specifically listed shall be considered prohibited unless allowed in accordance with Section 1105.05(d), below.

         C.   The cultivation of medical marijuana, or the processing or retail dispensing of medical marijuana product within the Village is hereby specifically prohibited.

            i.   This section does not prohibit research related to marijuana conducted at a state university academic medical center, or private research and development organization as part of a research protocol approved by an institutional review board or equivalent entity, if otherwise permitted under Chapter 3796 of the Ohio Revised Code and any administrative rules promulgated thereunder.

            ii.   Nothing herein is intended to regulate or prohibit a physician from recommending medical marijuana for a qualifying medical condition, or a registered patient from possessing or using medical marijuana as permitted under Chapter 3796 of the Ohio Revised Code and any administrative rules promulgated thereunder.

      (5)   Use-Specific Standards.

         A.   The numbers contained in the "Use-Specific Standards" column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the "Use-Specific Standards" column apply in all zoning districts unless otherwise expressly stated.

         B.   Use-specific standards shall only apply if the use is permitted with standards (PS) or a conditional use (C). If the use is permitted with standards in some districts and conditional in other districts, the use-specific standards shall apply to both the districts where it is permitted with standards and where it is conditionally permitted.

         C.   This section provides site planning, development, and/or operating standards for certain land uses that are permitted with standards or conditionally permitted in Table 1105-2.

         D.   The land uses and activities covered by this section shall comply with the applicable use-specific standards in all districts unless otherwise specified, in addition to all other applicable provisions of this code.

   (c)   Multiple Uses. If multiple uses are proposed on a single lot or in a single building then each of the individual uses has to be allowed in the applicable zoning district and reviewed in accordance with how the individual use is allowed in the district (i.e., permitted, permitted with standards, or conditional use).

   (d)   Use Determination and Unlisted Uses.

      (1)   The Zoning Administrator shall make the determination if a proposed use is permitted, permitted with standards, a conditional use, or a prohibited use under the provisions of this section.

      (2)   The Zoning Administrator may determine that a proposed use that is not already listed in this code is substantially similar to a use that is permitted, permitted with standards, or a conditional use established in Table 1105-2 based on the proposed use activities, character of the business, similarity to existing uses within the Village, or any other relevant information from reliable sources. If the Zoning Administrator finds that the proposed use is substantially similar to a use established in Table 1105-2, the application shall be processed in the same manner as the similar use.

      (3)   In finding that a proposed use is similar to a use established in Table 1105-2, the Zoning Administrator shall make a note of the similar use in the approved application form.

      (4)   If the Zoning Administrator makes the determination that a use is prohibited, the application shall not be processed, and the application fee shall be returned.

      (5)   If the applicant disagrees with the Zoning Administrator's determination regarding the proposed use, the applicant may choose to take one of the following actions:

         A.   The applicant may appeal the determination of the Zoning Administrator to the Planning Commission pursuant to Section 1103.14: Appeals; or

         B.   The applicant may present their case to the Planning Commission and/or Village Council to request that the Village initiate a text amendment to address the proposed use and applicable standards.

   (e)   Table of Allowed Principal Uses.

TABLE 1105.02: ALLOWED PRINCIPAL USES
Land Uses P=Permitted Use PS=Permitted Use with Standards C=Conditional Use	ER	R-1	R-2	R-3	CC	VC	RO	ID	P-I	Use-Specific Standards See Section:
Agricultural Use Classification
Agriculture (Raising of Crops)	P
Residential Use Classification
Dormitories and Student Housing				C					P
Dwelling, Single-Family	P	P	P	P			P
Dwelling, Two-Family				P
Dwellings, Multi-Family				P

TABLE 1105.02: ALLOWED PRINCIPAL USES
Land Uses P=Permitted Use PS=Permitted Use with Standards C=Conditional Use	ER	R-1	R-2	R-3	CC	VC	RO	ID	P-I	Use-Specific Standards See Section:
Residential Use Classification (Cont.)
Permanently Sited Manufactured Housing	PS	PS	PS	PS						1105.06(a)
Residential Facilities	PS	PS	PS	PS/C			PS		PS	1105.06(b)
Public, Institutional, and Recreational Use Classification
Active Recreational Facilities	C	C	C	C	C	C	P	P	P
Camps and Campgrounds	C								P
Cemeteries									P
Churches and Places of Worship	PS	PS	PS	PS	C	C	C		PS	1105.06(c)
Cultural Facilities					C	C	C		P
Educational Institutions (Higher Education)					C				P
Educational Institutions (Preschool and K-12)	C	C	C	C	C				PS	1105.06(d)
Fraternal, Charitable, and Service Oriented Clubs					C	C	C		PS	1105.06(e)
Government Offices and Buildings (No Outdoor Activities)					P	P	C		P
Hospitals					C				P	1105.06(f)
Nursery Schools and Day Care Centers					C	C	C		P	1105.06(g)
Passive Parks, Open Space, and Natural Areas	P	P	P	P	P	P	P	P	P
Public Utility Buildings and Facilities	C	C	C	C	C			P	P

TABLE 1105.02: ALLOWED PRINCIPAL USES
Land Uses P=Permitted Use PS=Permitted Use with Standards C=Conditional Use	ER	R-1	R-2	R-3	CC	VC	RO	ID	P-I	Use-Specific Standards See Section:
Public, Institutional, and Recreational Use Classification (Cont.)
Residential Community Centers	C	C	C	C						1105.06(h)
Skilled Nursing or Personal Care Facilities				C	C		C		PS	1105.06(i)
Substance Abuse Treatment Facilities					C		C		PS	1105.06(j)
Wireless Telecommunication Facilities	C	C	C	C	C		C	C	P	1105.06(k)
Commercial, Office, and Mixed-Use Classification
Administrative, Business, or Professional Offices					P	P	C	P
Adult Entertainment Businesses					C			C		1105.06(l)
Animal Boarding, Training, or Daycare Facilities	C							PS		1105.06(m)
Animal Hospital/Clinics and Animal Grooming	C				C	C	C			1105.06(n)
Assembly Halls or Conference Centers					C	C		P
Automobile, Motorcycle, Recreational Vehicle Sales and Leasing					C
Automotive Repair and Service (Minor)					PS					1105.06(o)
Automotive Repair and Service (Major)					C			P		1105.06(p)
Bed and Breakfast Establishments	C	C	C				C			1105.06(q)
Commercial and Business Support Services					P	P
Commercial Recreational Facilities (Indoors)					C	C	C	P

TABLE 1105.02: ALLOWED PRINCIPAL USES
Land Uses P=Permitted Use PS=Permitted Use with Standards C=Conditional Use	ER	R-1	R-2	R-3	CC	VC	RO	ID	P-I	Use-Specific Standards See Section:
Commercial, Office, and Mixed-Use Classification (Cont.)
Commercial Recreational Facilities (Outdoors)					C			C
Financial Institutions					P	P	P
Fuel stations					C					1105.06(o)
Funeral Homes					C		C	P		1105.06(r)
Hotels and Motels					P
Medical/Dental Clinics and Urgent Care					P	P	C
Microbrewery, Microdistillery, or Microwinery					PS	PS		PS		1105.06(s)
Mixed Use Buildings					PS	PS				1105.06(t)
Multi-Tenant Uses					P	P		P		1105.06(u)
Parking Lots or Garages					C	C			P	1105.06(v)
Personal Services					P	P	P
Restaurants					P	P
Retail Businesses					P	P
Short-Term Rentals	C	C	C		PS	PS	C			1105.06(w)
Theaters					C	C
Vehicle Washing Establishments					C					1105.06(w) (5)
Industrial Use Classification
Contractor Equipment and Storage Yards								P
Industrial Service Uses								P

TABLE 1105.02: ALLOWED PRINCIPAL USES
Land Uses P=Permitted Use PS=Permitted Use with Standards C=Conditional Use	ER	R-1	R-2	R-3	CC	VC	RO	ID	P-I	Use-Specific Standards See Section:
Industrial Use Classification (Cont.)
Industrial Uses, Heavy								C
Industrial Uses, Light								P
Research and Development Facilities								P
Self-Storage Facilities (Indoor)								P		1105.06(y)
Self-Storage Facilities (Outdoor)								C		1105.06(y)
Truck and Heavy Equipment Sales								P
Warehouses								P
Wholesale Establishments								P

(Ord. 2023-16. Passed 6-5-23.)