(A) Table of permitted uses.
(1) Within each zoning district indicated on the official zoning map and subject to all requirements and conditions specified in the UDO, land, buildings and structures shall only be used and buildings and structures shall only be erected, which are intended or designed to be used for uses listed in the Table of Permitted Uses, Table 155-8.
(2) In the appropriate columns of Table 155-8, uses permitted by right, are indicated by a “P”, uses requiring a special use permit are indicated by a “S” and uses requiring rezoning to a conditional zoning district are indicated by “CD”. Uses listed as “S/CD” may be subject to a special use permit or conditional zoning district depending upon whether the use is existing or considered as part of the overall conditional zoning district request.
(3) Uses listed in Table 155-8 are subject to meeting additional development standards if the “Additional Development Standards Required” column contains specific references to § 155.07. Zoning permit applications thus designated shall demonstrate how compliance with the indicated development standards will be achieved. These additional development standards are in addition to the required development standards for new development. Special use permit applications must also comply with the indicated development standards as well as any additional standards or conditions required by the Board of Adjustment. Conditional Zoning District applications must also comply with the indicated development standards as well as any additional standards or conditions required by the Board of Commissioners.
(4) A blank space in the table indicates that a particular use is not permitted. Should there be a discrepancy between the Table of Permitted Uses and any other section of the UDO as to a use being permitted, the Table of Permitted Uses shall prevail.
(5) A blank space in the Table of Permitted Uses for G-S Government Services and M-R Military Reservation is subject to approval and review authority of the city and/or the MCAS Cherry Point.
(6) Exempt uses are indicated by an “E” in Table 155-8.
(B) Formulation of permitted use table.
(1) The Standard Land-Use Coding Manual (SLUCM), 1965, was utilized in the preparation of this table and shall be referred to as a guide for purposes of interpretation by the Zoning Administrator. SLUCM numbers are used to refer to land use classifications. Entries with “0" in the Reference SLUCM column do not correspond to any classification in the SLUCM.
(2) The SLUCM, as used for the Permitted Use Table, was last used in 1967 by the U.S. Dept. of Commerce, Bureau of Economic Analysis to classify land uses, but is currently not in active use. Other variations of SLUCM are currently in active use by some federal agencies. An archive manual showing the complete SLUCM classification system was retrieved from the American Planning Association Research web site, under the name, “RClassSysSLUCM” . When a use is not listed in the Permitted Use Table, the Zoning Administrator shall classify it with that use in the above named SLUCM most similar to it. This SLUCM shall serve as a guide in classifying any unlisted use. If the Zoning Administrator should determine that a use is not listed and is not similar to a use in the Permitted Use Table, then the use is prohibited.
(3) Rental and leasing of any commodity shall be permitted under the same classification and in the same districts, as are sales of that commodity, unless rental or leasing of that commodity is listed separately in the Permitted Use Table.
(C) Change in use.
(1) A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever:
(a) The change involves a change from one principal use category to another;
(b) If the original use is a combination use, the relative proportion of space devoted to the individual principal uses that comprise the combination use changes to such an extent that the parking requirements for the overall use are altered;
(c) If the original use is a combination use, the mixture of types of individual principal uses that comprise the combination use changes; or
(d) If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use or combination use category as the previous type of business). For example, if there is only one building on a lot and an office, that is the sole tenant of that building moves out and is replaced by a clothing store, that constitutes a change in use. However, if the office were replaced by another office, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if a floral shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center-combination use) has not changed.
1. A mere change in the status of property from unoccupied to occupied or vice-versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 180 consecutive days or has been abandoned.
2. A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.
(D) Combination uses. When a combination use comprises two or more principal uses that require different types of permits (zoning, special use and conditional zoning district), then the permit authorizing the combination use shall be:
(1) A special use permit if any of the principal uses combined requires a special use permit;
(2) A conditional zoning district request if the development site requires a conditional zoning district for the proposed uses; or
(3) A zoning permit in all other cases.
(E) Mixed uses. A mixed use is one in which a residential use and a commercial use may exist in the same unit. This definition does not exempt permitted mixed uses from complying with the State Building Code.
(F) Accessory uses.
(1) Whenever an activity is conducted in conjunction with another principal use and the former use: constitutes only an incidental or insubstantial part of the total activity that takes place on a lot; or is customarily associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use.
(2) For purposes of interpreting division (F)(1) above:
(a) A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use; and
(b) To be “customarily associated” with a principal use it is not necessary for an accessory use to be connected with the principal use more times than not, but only that the association of the accessory use with the principal use takes place with sufficient frequency that there is common acceptance of their relatedness.
(3) Table 155-8, Table of Permitted Uses, outlines the zoning districts in which specific accessory uses are allowed. See also § 155.02 for dimensional standards for accessory structures.
(G) Temporary uses. Temporary uses are established for a limited duration not to exceed 180 days, with the intent to discontinue the use upon the expiration of the time period. Table 155-8, Table of Permitted Uses outlines the zoning districts in which temporary uses are allowed. See also § 155.0704 for specific standards and requirements for certain temporary uses.
(H) Prohibited uses. Within certain overlay districts some uses are specifically prohibited. In addition to those uses listed in Chapter 154, the following uses are prohibited or restricted in the districts as listed. Open storage in Business and Manufacturing Zoning Districts: in the N-B, H-C and O&I zoning districts, open storage is not permitted. In L-I and H-I zoning districts, outdoor storage is permitted for uses such as building materials sales, plumbing and heating supply houses, contractor offices and storage yards, industrial supplies and equipment sales. However, all outdoor storage must be enclosed by a solid fence at least six feet in height and landscaped in accordance with the provisions of Chapter 157.
(Ord. passed 7-25-2011)