§ 156.003  INTERPRETATION OF CHAPTER; CONFLICTING PROVISIONS.
   (A)   In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare.
   (B)   It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces, than are imposed or required by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of this chapter shall govern.
   (C)   The Zoning Administration shall use the following factors as a guideline when classifying a new or unlisted use to determine if such use is classified in a manner consistent with other similar uses in the applicable zoning district.
      (1)   Consistency with the stated intent of the zoning district;
      (2)   Consistency with the adopted vision statement and Comprehensive & Land Use Plan;
      (3)   Density of development (number of units, square footage, etc.);
      (4)   Intensity of use;
      (5)   Type of activity associated with the use;
      (6)   Number of customers and length of stay;
      (7)   Generation of pedestrian and vehicular traffic;
      (8)   Potential impacts such as noise, light, odor, etc.; and
      (9)   Public safety.
(Ord. 04-21, passed 10-6-2004, § 3; Am. Ord. 16-02, passed 4-6-2016; Am. Ord. 21-01, passed 6-2-2021)