(A) General.
(1) Basis for classifications. Use categories classify land uses and activities into use categories based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. The use categories provide a systematic basis for assigning present and future land uses into appropriate zoning districts.
(2) Principal uses. Principal uses are assigned to the category that most closely describes the nature of the principal use. The “characteristics” subsection of each use category describes the common characteristics of each principal use.
(3) Developments with multiple principal uses. When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore, and bakery, for example, would be classified in the retail sales and service category because all of the development’s principal uses are in that category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable category and each use is subject to all applicable regulations for that category.
(4) Accessory uses. Accessory uses are allowed by right in conjunction with a principal use unless otherwise stated in the regulations. Also, unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the use category descriptions.
(5) Use of examples. The “examples” subsection of each use category lists common examples of uses included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself “wholesale warehouse” but that sells mostly to consumers, is included in the retail sales and service category rather than the wholesale sales category. This is because the actual activity on the site matches the description of the retail sales and service category.
(B) Similar use interpretations. The standards of this section shall guide officials in making similar use interpretations.
(1) Authority. If an application is submitted for a use type not listed in § 151.111, the Planning, Building and Development Director shall be authorized to make a similar use interpretation, based on the following considerations:
(a) The actual or projected characteristics of the activity in relationship to the stated characteristics of each use type;
(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) Vehicles used with the activity;
(i) The relative number of vehicle trips generated by the use;
(j) Signs;
(k) How the use advertises itself; and
(l) Whether the activity is likely to be found independent of the other activities on the site.
(2) Use interpretation standards.
(a) No similar use interpretation shall allow a use in a zoning district when that use is a permitted or a conditional use in any other zoning district.
(b) No similar use interpretation shall permit any use in any zoning district unless evidence shall be presented demonstrating that it will comply with all applicable use standards and all other applicable requirements and standards of this chapter.
(c) No similar use interpretation shall permit any use in a zoning district unless the use is more similar to those uses than to permitted and conditional uses allowed in other zoning districts.
(d) If the proposed use is more similar to a use allowed only as a conditional use in the zoning district in which it is proposed to be located, then any similar use interpretation permitting that use shall require a conditional use permit.
(3) Effect of similar use interpretation. No similar use interpretation finding a particular use to be permitted or conditionally permitted in a specific district shall authorize the establishment of the use or the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by the codes and ordinances of the county or other governmental agencies having jurisdiction. These permits and approvals include but are not limited to conditional use permits, building permits, and certificates of occupancy.
(C) Residential use categories.
(1) Household living.
(a) Characteristics. Household living is characterized by the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential. They are considered a form of transient lodging (see the retail sales and service and community service categories).
(b) Accessory uses. Accessory uses commonly associated with Household Living are recreational activities, raising of pets, hobbies and parking of the occupants’ vehicles. Home occupations are accessory uses that are subject to additional regulations.
(c) Examples. Examples of household living use (structure) types include: atrium house, attached dwelling (attached to nonresidential use), duplex, detached house, lot line house, mobile home park, multi-dwelling structure, multiplex, patio house, townhouse, twinhouse, and village houses.
(d) Exceptions. Lodging in a multi-dwelling structure or where fewer than two- thirds of the units are rented on a monthly or longer basis is considered a hotel or motel use and is classified in the retail sales and service category.
(D) Public, civic, and institutional use categories.
(1) Assisted living.
(a) Characteristics. Assisted living is characterized by occupancy of a structure by a group of people with developmental disabilities. The residents may receive care, training, or treatment. Caregivers may (or may not) reside at the site.
(b) Accessory uses. Accessory uses include offices, cafeterias, parking, maintenance facilities.
(c) Examples. Examples of assisted living include nursing and convalescent homes; certain group homes for the physically disabled, mentally retarded, or emotionally disturbed; and some residential programs for drug and alcohol treatment.
(2) Colleges.
(a) Characteristics. This category includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree or professional accreditation. Colleges tend to be in campus-like settings or on multiple blocks.
(b) Accessory uses. Accessory uses include offices, housing for students, food service, laboratories, health and sports facilities, theaters, meeting areas, parking, maintenance facilities, and support commercial.
(c) Examples. Examples include community colleges, liberal arts colleges, medical schools not accessory to hospitals, personnel training centers, seminaries, and universities.
(d) Exceptions. Business and trade schools are classified as retail sales and service.
(3) Community service.
(a) Characteristics. Community services are uses of a public, non-profit, or charitable nature generally providing a local service to people of the community. Generally, they provide the service on-site or have employees at the site on a regular basis. The service is ongoing, not just for special events. Community services or facilities that have membership provisions are open to the general public to join at any time, (for instance, any senior citizen could join a senior center). The use may provide special counseling, education, or training of a public, non-profit, or charitable nature.
(b) Accessory uses. Accessory uses may include offices; meeting areas; food preparation areas; parking, health and therapy areas; and athletic facilities.
(c) Examples. Examples of the community service uses “not otherwise classified” include the following: libraries, museums, neighborhood or community centers, senior centers, and youth club facilities.
(d) Exceptions.
1. Private lodges, clubs and private or commercial athletic or health clubs are classified as retail sales and service.
2. Public parks and recreation are classified as parks and open space.
(4) Day care.
(a) Characteristics. Day care uses provide care, protection, and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day.
(b) Accessory uses. Accessory uses include offices, recreation areas, and parking.
(c) Examples. Examples include adult day care programs (for more than seven individuals), child care center (for more than seven individuals), day care facility (seven plus children or adults), family child care, group child care (for more than seven individuals), nursery schools (for more than seven individuals), and preschools (for more than seven individuals).
(d) Exceptions. Day care does not include public or private schools or facilities operated in connection with an employment use, shopping center, or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity. Day care for seven or fewer individuals at any one time is considered “babysitting” and is regulated as a home occupation.
(5) Ecotherapy facilities.
(a) Characteristics. Ecotherapy facilities offer mental and physical therapeutic activities that require a natural setting and a large area of land. Generally, they provide on-site service to the local community on a regular and ongoing frequency and may be operated by a public, nonprofit, or private entity.
(b) Accessory uses. Accessory uses include offices, parking, outdoor health, therapy and recreation areas, gardens, meeting areas, animal care facilities, maintenance facilities, and caretaker's housing.
(c) Examples. Examples of operational therapeutic activities include but are not limited to animal assisted therapy, gardening, outdoor exercise, art, music, meditation, and counseling.
(d) Exceptions. Equine assisted activities on sites of at least 200,00 square feet are classified as agricultural uses.
(6) Group living.
(a) Characteristics. Group living is characterized by the occupancy of a structure by a group of people who do not meet the definition of household living. Tenancy is arranged on a monthly or longer basis. Uses where tenancy may be arranged for a shorter period are not considered group living. They are considered to be a form of lodging (see the “retail sales and service” and “community service” categories). Generally, group living structures have a common eating area for residents.
(b) Accessory uses. Accessory uses commonly associated with group living are recreational facilities and parking of vehicles for occupants and staff.
(c) Examples. Examples of group living include convents or monasteries, dormitories, fraternities, and sororities.
(d) Exceptions.
1. Lodging where tenancy may be arranged for periods of less than 30 days is to be considered a hotel or motel use and classified in the retail sales and service category.
2. Lodging where the residents meet the definition of household and where tenancy is arranged on a month-to-month basis, or for a longer period is classified as household living.
(7) Hospital.
(a) Characteristics. Hospitals include uses providing medical or surgical care to patients and offering overnight care.
(b) Accessory uses. Accessory uses include out-patient clinics, offices, laboratories, teaching facilities, meeting areas, cafeterias, parking, emergency heliports, maintenance facilities, and housing facilities for staff or trainees.
(c) Examples. Examples include hospitals, trauma centers, and medical centers.
(d) Exceptions.
1. Uses that provide exclusive care and planned treatment or training for psychiatric, alcohol, or drug problems, where patients are residents of the program, are classified in the assisted living category;
2. Medical clinics or offices that provide care where patients are generally not kept overnight are classified as offices; and
3. Emergency medical clinics are classified as retail sales and service.
(8) Parks and open space.
(a) Characteristics. Parks and open space are uses of land focusing on natural areas, large areas consisting mostly of vegetative landscaping, community gardens, or public squares. Land tends to be occupied by few structures.
(b) Accessory uses. Accessory uses may include club houses, maintenance facilities, concessions, caretaker’s quarters, and parking.
(c) Examples. Examples of the parks and open space uses “not otherwise classified” include the following: botanical gardens, nature preserves, park/playgrounds, non-commercial parks, pet cemeteries, playgrounds, plazas, public open lands, nature preserves, and recreational trails.
(9) Religious institutions.
(a) Characteristics. Religious institutions primarily provide meeting areas for religious activities.
(b) Accessory uses. Accessory uses include Sunday school facilities, parking, caretaker’s housing, and group living facilities such as convents.
(c) Examples. Examples include churches, temples, synagogues, and mosques.
(d) Exceptions.
1. Preschools are classified as day care uses; and
2. Schools are classified as schools.
(10) Schools.
(a) Characteristics. This category includes schools at the primary, elementary, middle, junior high, or high school level that are recognized by the State Board of Education.
(b) Accessory uses. Accessory uses include play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care.
(c) Examples. Examples include daytime schools, boarding schools, and military academies.
(d) Exceptions.
1. Preschools are classified as day care uses; and
2. Business, music, art, martial art, trade, and other similar schools are classified as schools, private.
(11) Schools, private.
(a) Characteristics. This category includes schools that are not recognized by the State Board of Education.
(b) Accessory uses. Accessory uses include cafeterias, auditoriums, and offices.
(c) Examples. Examples include business schools, trade schools, music schools, art schools, and martial arts schools.
(d) Exceptions.
1. Public schools are classified as schools; and
2. Preschools are classified as day care uses.
(12) Utility, major.
(a) Characteristics. Major utilities are major, countywide infrastructure services that typically have employees at the site. Services may be public or privately provided.
(b) Accessory uses. Accessory uses may include parking and control, monitoring, data or transmission equipment.
(c) Examples. Examples of the utility, major uses “not otherwise classified” include the following: electrical substations; electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; and similar facilities of agencies that are under public franchise or ownership to provide the general public with electricity, gas, heat, steam, water, sewage collection, or other similar service.
(d) Exceptions. For government uses see “community service”.
(E) Retail, service, and commercial use categories.
(1) Entertainment event, major.
(a) Characteristics. Major entertain-ment event uses are characterized by activities and structures that draw large numbers of people to specific events or shows. Activities are generally of a spectator nature.
(b) Accessory uses. Accessory uses may include restaurants, bars, concessions, parking, and maintenance facilities.
(c) Examples. Examples include amphitheaters, stadiums, sports arenas, coliseums, auditoriums, exhibition and meeting areas, and fairgrounds.
(d) Exceptions.
1. Exhibition and meeting areas with less than 20,000 square feet of total event area are classified as retail sales and service.
2. Banquet halls that are part of hotels or restaurants are accessory to those uses, which are included in the retail sales and service category.
3. Theaters, including drive-in theaters, are classified as retail sales and service.
4. Recreation or entertainment uses conducted on a continuous basis are classified as outdoor recreation and entertainment or retail sales and service uses.
(2) Office.
(a) Characteristics. Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical, or financial services.
(b) Accessory uses. Accessory uses may include cafeterias, health facilities, gift shops, dry cleaning pick-up stations, parking, or other amenities primarily for the use of employees or customers of permitted primary uses.
(c) Examples. Examples of the office uses “not otherwise classified” include the following: professional services such as lawyers, accountants, engineers, or architects; financial businesses such as lenders, brokerage houses, bank headquarters, or real estate agents; data processing; sales offices; government offices and public utilities offices; TV and radio studios; medical and dental clinics (including minor emergency centers), medical and dental labs; and blood-collection facilities.
(d) Exceptions.
1. Offices that are part of and located with a principal use in another category are considered accessory to the firm’s primary activity. Headquarters offices, when in conjunction with or adjacent to a principal use in another category, are considered part of the other category.
2. Contractors and others who perform services off-site are included in the office category if equipment and materials are not stored on the site and fabrication, services, or similar work is not carried on at the site.
(3) Parking, commercial.
(a) Characteristics. Commercial parking facilities provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a commercial parking facility.
(b) Examples. Examples include short- and long-term fee parking facilities, park-and-ride facilities, and mixed parking lots (partially accessory to a specific use, partly for rent to others).
(c) Exceptions.
1. Parking facilities that are accessory to a use, but that charge the public to park for occasional events nearby, are not considered commercial parking facilities.
2. Parking facilities that are accessory to a principal use are not considered commercial parking uses, even if the operator leases the facility to the principal use or charges a fee to the individuals who park in the facility.
(4) Recreation and entertainment, outdoor.
(a) Characteristics. Outdoor recreation and entertainment uses are large, generally commercial uses that provide continuous recreation or entertainment-oriented activities. They primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting.
(b) Accessory uses. Accessory uses may include concessions, restaurants, parking, caretaker’s quarters, and maintenance facilities.
(c) Examples. Examples of the recreation and entertainment, outdoor uses “not otherwise classified” include the following: archery ranges (outdoor), commercial parks/playgrounds, miniature golf course, recreational uses (outdoor), skating rinks (outdoor), ski or toboggan clubs, polo clubs, commercial swimming pools, outdoor theaters, theme parks, and zoos.
(d) Exceptions.
1. Golf courses are classified as parks and open space.
2. Uses that draw large numbers of people to periodic events, rather than on a continuous basis, are classified as major entertainment events.
(5) Retail sales and service.
(a) Characteristics. Retail sales and service firms are involved in the sale, lease, or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods.
(b) Accessory uses. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale and parking.
(c) Examples. Examples of the retail sales and service uses “not otherwise classified” include uses from the three following groups:
1. Neighborhood-oriented. Animal grooming, art supply stores, barber shops, beauty shops, book stores, banks, camera shops, cigar/cigarette/tobacco stores, clothing stores, currency exchanges, dairy products sales, drug stores, dry cleaning drop-off/pickup with on-site services, electronic equipment stores, electronics/computer sales and service, fabric stores, florist sales, fruit and vegetable markets (retail), grocery stores, hair salons, hardware stores, health food stores, hearing aid sales, hobby shops, jewelry stores, laundry drop-off, laundromats, leather goods sales, liquor stores, locksmiths, magazine and newsstands, music, musical instrument, and records sales and service, paint and wallpaper sales, personal care services, pet food stores, pet shops, pharmacies, photography studios, picture frame sales and service, shoe repair, stationery stores, tailors and clothing repair, tanning salons, toy stores, video stores, watch and clock sales and repair.
2. General (shall include all neighborhood-oriented uses and the following). Appliance sales and repair, business machine sales and service, catering services, department stores, exterminators, farriers, firewood sales, fish markets, floor covering sales, funeral homes, furnace/water heater sales, furniture stores, furniture repair, golf-cart sales and service, home improvement stores, household product stores, meat markets, mortuaries, pawn shops, plumbing supplies and fixture sales/service (retail), rental of equipment and supplies, shopping centers, taxidermists, union halls, upholsterers, and water softening equipment sales/service.
3. Recreational-oriented. Amusement arcades, archery ranges (indoor), bait shop, bars, billiard parlors, bowling alleys, dance halls, lodges, nightclubs, pool halls, private clubs, recreational uses (indoor), resorts, shooting ranges (indoor), skating rinks (indoor), taverns, and theaters (indoor).
(d) Exceptions.
1. Lumber yards and other building material sales that sell primarily to contractors and do not have a retail orientation are classified as wholesale sales.
2. Repair and service of consumer motor vehicles, motorcycles and light and medium trucks is classified as vehicle service/repair. Repair and service of industrial vehicles and equipment and heavy trucks is classified as industrial sales and service.
3. Sales, rental, or leasing of heavy trucks and equipment or manufactured housing units are classified as wholesale sales.
4. Hotels, restaurants, and other services that are part of a truck stop are considered accessory to the truck stop which is classified as industrial sales and service.
5. In certain situations, hotels and motels may be classified as a community service use, such as short-term housing or mass shelter. See “community service”.
(6) Self-service storage.
(a) Characteristics. Self-service storage uses provide separate storage areas for individual or business uses. The storage areas are designed to allow private access by the tenant for storing or removing personal property.
(b) Accessory uses. Accessory uses may include living quarters for a resident manager or security and leasing offices. Use of the storage areas for sales, service and repair operations, or manufacturing is not considered accessory to the self-service storage use. The rental of trucks or equipment is also not considered accessory to a self-service storage use.
(c) Examples. Examples include facilities that provide individual storage areas for rent. These uses are also called mini-warehouses.
(d) Exceptions. A transfer and storage business where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred is in the warehouse and freight movement category.
(7) Vehicle repair.
(a) Characteristics. Vehicle repair firms, service passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, and recreational vehicles. Generally, the customer does not wait at the site while the service or repair is being performed.
(b) Accessory uses. Accessory uses may include offices, sales of parts, and vehicle storage.
(c) Examples. Examples include alignment shop, auto body shop, auto detailing and tire sales and mounting, auto repair, auto upholstery shop, motorcycle, lawnmower and other small engine repair, recreational vehicle service, transmission or muffler shop.
(d) Exceptions.
1. Repair and service of boats and equipment are classified as boat sales/ rental/storage/service.
2. Repair and service of industrial vehicles and equipment and of heavy trucks; towing and vehicle storage; and vehicle wrecking and salvage are classified as industrial sales and service.
(8) Vehicle service, limited.
(a) Characteristics. Limited vehicle service uses provide direct services to motor vehicles where the driver or passengers generally wait in the car or nearby while the service is performed.
(b) Accessory uses. Accessory uses may include auto repair and tire sales.
(c) Examples. Examples include car washes, quick lubrication services and service stations (full-service or self-service).
(d) Exceptions.
1. Truck stops are classified as industrial sales and service.
2. Refueling facilities for vehicles that belong to a specific use (fleet vehicles) are considered accessory uses if they are located on the site of the principal use.
(F) Industrial use categories.
(1) Industrial sales and service.
(a) Characteristics. Industrial sales and service firms are engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site.
(b) Accessory uses. Accessory activities may include offices, parking, and storage.
(c) Examples. Examples of the industrial sales and service uses “not otherwise classified” include uses from the two following groups:
1. Commercial service-oriented. Agricultural implement sales/service, auto and truck salvaging and wrecking, carpet/rug cleaning plants, dry cleaning/dyeing plants (wholesale), fuel oil distributors, fuel sales (wholesale), gas/butane and propane sales, furniture refinishing, janitorial and building maintenance services, metal and building material sales, mobile home sales, repair of scientific or professional instruments, tool repair, towing service and vehicle storage, truck (heavy) servicing and repair, truck stops, truck/trailer sales, repair or rental, and well drilling services; and
2. General (shall include all commercial service-oriented uses and the following). Heavy machinery sales, machine shops, rendering or tanning plants, sewage disposal (individual), systems sales/service, tire re-treading or recapping, and welding shops.
(d) Exceptions.
1. Contractors and others who perform services off-site are included in the office category, if major equipment and materials are not stored at the site and fabrication, or similar work is not carried on at the site.
2. Hotels, restaurants, and other services that are part of a truck stop are considered accessory to the truck stop.
(2) Manufacturing and production.
(a) Characteristics. Manufacturing and production firms are involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or consumers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales. Relatively few customers come to the manufacturing site.
(b) Accessory uses. Accessory activities may include offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, and caretaker’s quarters.
(c) Examples. Examples of the manufacturing and production uses “not otherwise classified” include the following: advertising display construction/sign shop; bakery; concrete batching and asphalt mixing; custom boatworks; food and related products processing; food processing and packing; lumber mills; manufacture or production of artwork and toys; manufacture or production of chemical, rubber, leather, mulch, clay, bone, plastic, stone, or glass materials or products; manufacture or assembly of machinery, equipment, instruments, including musical instruments, vehicles, appliances, precision items and other electrical items; manufacture, production or fabrication of metals or metal products including enameling and galvanizing, manufactured housing unit production and fabrication; monument works; movie production facilities; ornamental iron work shop; printing, publishing and lithography; pulp and paper mills and other wood products manufacturing; research laboratory, including but not limited to pure research, product development, pilot plants and research manufacturing facilities; sign making; slaughterhouse; meat packing; weaving or production of textiles or apparel; and woodworking, including cabinet makers.
(d) Exceptions.
1. Manufacturing of goods to be sold primarily on-site and to the general public are classified as retail sales and service.
2. Manufacture and production of goods from composting organic material is classified as waste-related uses.
(3) Warehouse and freight movement.
(a) Characteristics. Warehouse and freight movement firms are involved in the storage, or movement of goods for themselves or other firms. Goods are generally delivered to other firms or the final consumer, except for some will-call pickups. There is little on-site sales activity with the customer present.
(b) Accessory uses. Accessory uses may include offices, truck fleet parking, and maintenance areas.
(c) Examples. Examples include machinery storage yard, recreational vehicle storage, utility service yard or garage, bulk materials storage, bus barns, cold storage plants, including frozen food lockers, freight terminal, motor/rail, grain elevators, moving companies and general freight storage, parcel services, post office (main), post offices, main, sand, gravel, or other aggregate materials stockpiling, truck, or air freight terminals, warehouse, warehouses (separate from retail business) used by retail stores such as furniture and appliance stores, and wholesale distribution centers.
(d) Exceptions.
1. Uses that involve the transfer or storage of solid or liquid wastes are classified as waste-related uses.
2. Mini-warehouses are classified as self-service storage uses.
(4) Waste-related.
(a) Characteristics. Characterized by uses that receive solid or liquid wastes from others for disposal on the site or for transfer to another location, uses that collect sanitary wastes, or uses that manufacture or produce goods or energy from the composting of organic material.
(b) Accessory uses. Accessory uses may include recycling of materials, offices, and repackaging and transshipment of by-products.
(c) Examples. Examples of the waste-related uses “not otherwise classified” include the following: energy recovery plants, hazardous-waste collection sites, sanitary landfills, and waste composting.
(5) Wholesale sales.
(a) Characteristics. Wholesale sales firms are involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer.
(b) Accessory uses. Accessory uses may include offices, product repair, warehouses, parking, minor fabrication services, and repackaging of goods.
(c) Examples. Examples include auction houses, mail order houses and wholesalers of food, clothing, auto parts, building hardware.
(d) Exceptions.
1. Firms that engage primarily in sales to the general public or on a membership basis are classified as retail sales and service.
2. Firms that are primarily storing goods with little on-site business activity are classified as warehouse and freight movement.
(G) Other use categories.
(1) Agriculture.
(a) Characteristics. Agriculture includes activities that primarily involve raising, producing, or keeping plants or farm animals.
(b) Accessory uses. Accessory uses include dwellings for proprietors and employees of the use and animal training. Private stables are a permitted accessory use in the AG, RE, E, and R-1 Districts. Equine assisted activities for people with disabilities are a permitted accessory use to stables on sites of at least 200,000 square feet.
(c) Examples. Examples of the agriculture uses “not otherwise classified” include the following: animal (farm animal) breeding or raising; dairy farms’ farming; value added agricultural processing, truck gardening; tree farming; non-retail greenhouse/nursery; plant nurseries (wholesale); and riding academies.
(d) Exceptions.
1. Uses involved in the processing of animal or plant products are classified as manufacturing and production.
2. Livestock auctions are classified as wholesale sales.
3. Plant nurseries that are oriented to retail sales are classified as sales-oriented retail sales and service.
4. Value added agricultural processing is not considered manufacturing and production.
(2) Aviation and surface transportation facilities.
(a) Characteristics. Aviation and surface transportation facilities includes facilities for the landing and takeoff of flying vehicles, including loading and unloading areas. Aviation facilities may be improved or unimproved. Aviation and surface transportation facilities also includes passenger terminals for aircraft, regional bus service, and regional rail service.
(b) Accessory uses. Accessory uses include freight handling areas, concessions, offices, parking, and maintenance and fueling facilities.
(c) Examples. Examples include airports, bus passenger terminals, bus terminal, helicopter landing facilities, and railroad passenger stations.
(d) Exceptions.
1. Bus and rail passenger stations for subregional service such as mass transit stops and park-and-ride facilities are classified as basic utilities.
2. Private helicopter landing facilities that are accessory to another use are considered accessory uses. However, they are subject to all the regulations and approval criteria for helicopter landing facilities, with the exception of helicopter landing facilities for hospitals.
3. Helicopter landing facilities that are established and operated by or on behalf of a governmental agency acting pursuant to its statutory purpose are classified as governmental uses.
(3) Mining.
(a) Characteristics. Mining includes mining or extraction of mineral or aggregate resources from the ground for off-site use.
(b) Accessory uses. Accessory uses include storage, sorting, stockpiling, or transfer off-site of the mined material.
(c) Examples. Examples include mining and resource extraction; oil, gas, or geothermal drilling; and quarrying or dredging for sand, gravel, or other aggregate materials.
(4) Rural business.
(a) Characteristics. Rural businesses are small scale, lower intensity commercial uses that are compatible with rural residential and agricultural areas and do not create a nuisance of residents in the area through excessive traffic, smoke, or noise. The business activity may involve contractors’ offices and equipment storage, production of goods or product repair. Rural businesses are similar to rural home occupations except the business activity can occur as the principal use. Few customers visit the site.
(b) Accessory uses. Accessory activities may include offices, parking, and storage.
(c) Examples. Examples include but are not limited to small-scale operation of contracting businesses such as masonry, plumbing, painting, electrical or general; repair of small engines, appliances, or office machinery; woodworking; furniture or upholstery repair; and artisan workshops.
(5) Telecommunications facilities.
(a) Characteristics. Tele-communications facilities are signal distribution systems used or operated by a telecommunications carrier under a license from the Federal Communications Commission consisting of a combination of improvements and equipment including one or more antennas; a supporting structure and the hardware by which antennas are attached; equipment housing; and ancillary equipment such as signal transmission cables and miscellaneous hardware. (For related definitions, see 55 ILCS 5/5-12001.1.)
(b) Accessory uses. Accessory uses may include transmitter facility buildings.
(c) Examples. Examples include broadcast towers, attached telecommunications facilities, telecommunications support towers, and point-to-point microwave towers.
(d) Exceptions.
1. Receive-only antennas are not included in this category and amateur radio facilities that are owned and operated by a federally-licensed amateur radio station operator are not included in this category.
2. Radio and television studios are classified in the office category.
(6) Wind apparatus.
(a) Characteristics. Wind apparatus consists of tower-mounted equipment designed and operated for the purpose of generating electricity through wind-power.
(b) Accessory uses. Accessory uses may include ground-based power-storage equipment, monitoring equipment, and transmission equipment.
(c) Examples. Examples of wind apparatus include windmills, wind turbines, and other similar structures.
(d) Exceptions.
1. For wind apparatus owned and operated by agencies that are under public franchise or ownership to provide the general public with electricity, see “utility, major”.
2. For government uses, see “community service”.
(Ord., § 14.1, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed - - ; Ord. 19-1378, passed 9-10-2019; Ord. 22-1356, passed 10-11-2022)