(A) Land use regulation tables. Land use regulation tables in the Zoning District Standards subchapter identify permitted land uses within each zoning district. Notations within these tables have the following meanings.
(1) Permitted uses. A “P” means a use is permitted by- right in the zoning district after obtaining a zoning clearance in accordance with § 155.412.130 (Zoning Clearances).
(2) Conditionally permitted uses. A “C” means a use requires approval of a conditional use permit in accordance with § 155.412.110 (Use Permits).
(3) Minor permitted uses. An “M” means a use requires approval of a minor use permit in accordance with § 155.412.110 (Use Permits).
(4) Uses not allowed. A “-” (dash) means a use is not allowed in the zoning district.
(B) Unlisted land uses.
(1) A land use not listed in a land use regulation table is not permitted if the use is listed as an allowed use in one or more other zoning districts. In such a case, the absence of the use in the land use regulation table means that the use is prohibited in the zoning district.
(2) For a proposed use not listed in any land use regulation table, the Director may determine that the proposed use is equivalent to a permitted or conditionally permitted use if all of the following findings can be made:
(a) The use is consistent with the goals and policies of the General Plan;
(b) The use will not be detrimental to the public health, safety or welfare;
(c) The use will meet the purpose of the zoning district;
(d) The use is similar to other uses allowed in the zoning district;
(e) The density or intensity of the use is similar to other uses in the zoning district; and
(f) The use is compatible with permitted and/or conditionally permitted uses in the zoning district.
(3) When the Director determines that a proposed use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use with respect to development standards, permits required and all applicable requirements of the Zoning Code.
(4) Director determinations will be in writing and maintained by the Department for public review.
(5) The Director may refer any equivalent use determination to the Planning Commission for review and final decision.
(6) Equivalent use determinations may be appealed in accordance with § 155.416 (Appeals and Reviews).
(C) Types of uses.
(1) Primary land uses.
(a) A primary land use is the main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.
(b) Multiple primary land uses may occupy a single site or building. A land use on a site with multiple uses is considered a separate primary use if it operates independently from the other uses (e.g., different owner, business name, services provided) and could continue operations if the other uses were no longer present on the site.
(c) Each primary land use on a site is subject only to its own permit requirements identified in the land use regulation tables in the Zoning District Standards subchapter regardless of the permit requirements that apply to other uses on the site. For example, if one primary land use that requires a conditional use permit (CUP) occupies the same space in a building as another primary land use allowed by-right, the land use allowed by-right is not required to obtain a CUP.
(d) Each primary land use on a site is subject only to the standards and limitations that apply to the individual use. For example, if one primary use is subject to conditions of approval limiting its hours of operations, other primary uses on the site would not be subject to those same limitations unless specifically required as through their conditions of approval for their individual permits.
(2) Secondary uses.
(a) A secondary use is a land use specifically identified in § 155.504 (Land Use Classifications) as allowed only when combined with a permitted primary use. For example, a drive-through facility is a secondary use allowed only when combined with a permitted primary use (e.g., restaurants, cafés and beverage sales). A secondary use by its nature cannot exist without an associated primary use.
(b) A secondary use may require different permits from its associated primary use as identified in the land use regulation tables in the Zoning District Standards subchapter. For example, a restaurant may be permitted by-right, but a drive-through facility associated with the restaurant would require a conditional use permit. A secondary use may be subject to standards and limitations separate from the requirements that apply to its associated primary use.
(3) Accessory uses.
(a) An accessory use is a use that is subordinate to and dependent on a primary use on the same lot.
(b) Accessory uses are subject to the requirements in § 155.304.020 (Accessory Uses).
(c) An accessory use that complies with § 155.304.020 (Accessory Uses) is considered a component of its primary use and may operate by-right without the requirement to obtain additional permits unless specifically required by the Zoning Code.
(Ord. 885-C.S., passed 5-21-19; Am. Ord. 902-C.S., passed 8-18-20)