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(A) Uses. The list of uses included in the Use Regulations Table (Table 2-1 in § 155.202) and defined in this subsection is intended to classify uses on the basis of common functional characteristics (activity, type of customers, goods or services) and land use compatibility. Other uses not specifically listed in the Use Table, but exhibiting similar characteristics to a listed use, shall be so classified by the interpretation of the Planning Director pursuant to the procedures and standards set forth in § 155.300(b) below.
(B) Uses Not Specifically Listed.
(1) Any use not specifically listed in this chapter is expressly prohibited, unless the Planning Director determines in accordance with § 155.715, that the use is similar to a use or uses listed in this chapter. Where an unlisted use is similar to a use listed in Table 2-1 (§ 155.202), the unlisted use shall also be subject to the similar uses standards and approval process. The Planning Director shall not amend this chapter by adding to or eliminating any use standard for the unlisted use.
(2) Where an unlisted use is found by the Planning Director not to be similar to any other use listed in Table 2-1 (§ 155.202), the use shall be permitted only following a text amendment in accordance with § 155.703. The decision of the Planning Director may not be appealed to the Board of Adjustment.
(3) When considering the appropriate districts for a use not listed in the Use Regulations Table, the district intent statements (see § 155.200) shall be taken into consideration.
(4) Determination of an appropriate category for a proposed use not currently listed shall be made by applying the following criteria.
(a) The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category.
(b) The relative amount of site area or floor space and equipment devoted to the activity.
(c) Relative amounts of sales from each activity.
(d) The customer type for each activity.
(e) The relative number of employees in each activity.
(f) Hours of operation.
(g) Building and site arrangement.
(h) Types of vehicles used and their parking requirements.
(i) The relative number of vehicle trips generated.
(k) How the use is advertised.
(l) The likely impact on surrounding properties.
(m) Whether the activity is likely to be found independent of the other activities on the site.
(C) Developments with Multiple Uses.
(1) Nonresidential, townhouse, and apartment complexes may be established on a single unified parcel, provided that the following requirements are met. Except as set forth above, no more than one principal building or use may be erected on a single lot of record.
(3) When the principal uses of a development fall within different group of uses or no group of uses, each principal use shall be classified in the applicable group of uses or treated as an individual use and each use shall be subject to all applicable regulations for that group of uses or individual use.
(4) A development comprised of uses regulated by separate rows on the Use Regulations Table shall be reviewed using the most restrictive process from among the proposed uses. If a proposed development on a single parcel includes a special use review, then the entire development requires special use review.
(5) Where a use requiring approval as a conditional use or a special use lies on a separate legal parcel, only the building containing the use and its separate parcel shall be subject to review, not the entire project. However, where the separate legal parcel is an outparcel, the application shall describe the relationship of the outparcel to the remaining site.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2006-06-01, passed 6-19-06; Am. Ord. 2007-04-05, passed 4-2-07; Am. Ord. 2012-04-03, passed 4-2-12; Am. Ord. 2012-12-03, passed 12-3-12; Am. Ord. 2017-04-06, passed 4-3-17)