(a) Identification of Uses. Listed uses are to be defined by their customary name or identification, except as specifically defined or limited in this Ordinance.
(Ord. 2009-85. Passed 12-8-09.)
(b) Permitted Uses.
(1) Only a use designated as permitted shall be allowed as a matter of right in any zoning district, and any use not so designated shall be prohibited unless:
A. A permitted use may be added to a zoning district by formal amendment, in conformance with Chapter 1113 of this Ordinance.
B. An unlisted use may be determined by the Planning Commission to be a similar use, in accordance with Section 1127.02(e) of this Chapter.
C. Any use required to be a permitted use under federal or state law in any zoning district is a permitted use under this Ordinance as required by the applicable law.
(Ord. 2019-87. Passed 12-10-19.)
(2) No more than one (1) permitted use shall exist on any one zoning lot.
(c) Accessory Uses. An accessory use or structure is a subordinate use or structure clearly incidental and secondary to the principal permitted building or use, and located on the same lot with such principal building or use. Accessory uses or structures shall be allowed in accordance with the specific district regulations, and the requirements of Section 1175.01 of this Ordinance.
(d) Conditional Uses. A use designated as a conditional use shall be allowed in the zoning district where the designation occurs, when such use, its location, extent and method of development will not substantially alter the character of the vicinity, or unduly interfere with or adversely impact the use of adjacent lots. To this end, the Planning Commission may in addition to the development standards for the specific district, set forth additional requirements as will render the conditional use compatible with existing and future use of adjacent lots in the vicinity, in accordance with Chapter 1117 of this Ordinance.
(e) Similar Uses. Determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be considered as a permitted use in that district.
Applications for zoning permits for uses not specifically listed in the permitted building or use classifications of the zoning district, which the applicant feels qualify as a similar use under the provisions of this Section, shall be submitted to the Planning Commission.
Within thirty (30) days after such submittal, the Planning Commission shall determine whether the requested use is similar to those uses permitted in the specific district. In order to find that a use is similar, the Planning Commission shall find that all of the following conditions exist:
(1) Such use is not listed as a permitted or conditional use in another zoning district.
(2) Such use conforms to basic characteristics of the classification to which it is to be added and is more appropriate to it than to any other classification.
(3) Such use creates no increased danger to health and safety, creates no increased level of noise, vibration, dust, heat, smoke, odor, glare, or other objectionable impacts, and does not create traffic congestion to an extent greater than normally resulting from uses listed in the classification to which it is to be added.
(f) Development Standards. Development standards set forth shall be the minimum allowed for uses permitted in that district. If development standards are in conflict with requirements of any other lawfully adopted rule, regulation, or law, the most restrictive standard shall govern.
(g) Site Plan. For particular uses in specific districts and most conditional uses, a Site Plan will be cited as required. In such cases, the Site Plan shall be submitted by the applicant at the time of the application for a zoning permit, or at such time when the property is rezoned into that district. The Site Plan shall contain a site plan for the property, drawn to approximate scale, showing all property lines, existing buildings, access drives, parking areas, existing vegetation and other notable physical features. The Site Plan shall also show the location, outlines and size of all proposed structures including the design of all improvements including drainage, private streets, water and sanitary sewer lines, as well as the size, design, materials and location of all signage proposed for the development. The Site Plan shall also contain a narrative description of the proposed use, and an evaluation of how such use may impact adjacent property and methods that will be employed to alleviate or minimize any adverse impacts.
The Site Plan shall be reviewed by the Code Inspector and may be subject to review by the Planning Commission. The Site Plan must be approved as a condition for the issuance of a zoning certificate. In reviewing such Plan, the Code inspector and/or Planning Commission may seek the timely input from specific consultants. In approving a Site Plan, the Code Inspector and/or Planning Commission shall find that the following criteria have been met:
(1) The use(s) and structure(s), as proposed, can be adequately and efficiently served by public streets and utilities.
(2) The proposed building or use shall have sufficient yard space to provide for adequate parking and screening of adjacent residential areas as may be required in this Ordinance.
(3) The location, design and operation of the proposed use shall not impose undue adverse impacts on surrounding residential neighborhoods, and/or the Site Plan for the proposed facility has incorporated measures to lessen and/or alleviate such adverse impacts and protect the character of such adjacent residential areas.
(4) The use(s) and structure(s), as proposed, are generally consistent with the purposes and intent of the zoning district and other provisions of this Ordinance.
(h) Essential Services. Essential Services, as defined and specified in Chapter 1103 of this Ordinance, shall be permitted in any and all zoning districts within the municipality.