§ 1204.08 PERMITTED PRINCIPAL USES.

(a) General provisions.

(1) Table 1204-3 lists the principal uses allowed within all base zoning districts.

(2) Uses permitted in a PD are considered as part of the review and approval of the PD District.

(3) The principal uses allowed within an overlay zoning district shall be as permitted within the base zoning district with the exception that the overlay zoning district-specific regulations may prohibit certain uses otherwise allowed in the base zoning district or may establish additional standards for the establishment of certain uses.

(b) Explanation of table of permitted uses.

(1) Organization of table. Table 1204-3 organizes the uses by use categories and use types.

A. Use categories. The use categories provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., household living, mixed use, eating and drinking establishment, etc.). The use categories then organize land uses and activities into specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions.

B. Use types. The use categories are divided into specific use types. The use types identify the specific uses that are considered to fall within characteristics identified in the broader use category. For example, single-family dwellings, two-family dwellings, and townhome clusters are some of the specific use types that fall under the "household living" use category.

C. Use categories and use types defined. All use categories and use types are defined in Chapter 1230: Definitions.

(2) Symbols in table. The symbols used in Table 1204-3 are defined as follows:

A. Permitted uses.

1. A "P" in a cell indicates that a use type is allowed by-right in the respective zoning district. Permitted uses are subject to all other applicable standards of this code.

2. Permitted uses are approved administratively by the Development Code Administrator through the certificate of zoning compliance procedure unless subject to additional review (e.g., certificate of appropriateness, alternative equivalent compliance, variance, etc.).

B. Permitted uses with standards.

1. A "PS" in a cell indicates that a use type is allowed by-right in the respective zoning district if it meets the additional standards as identified in the last column of Table 1204-3. Permitted uses with standards are subject to all other standards of this code.

2. Uses permitted with standards are approved administratively by the Development Code Administrator through the certificate of zoning compliance procedure unless subject to additional review (e.g., certificate of appropriateness, alternative equivalent compliance, variance, etc.).

C. Conditional uses.

1. A "C" in a cell indicates that a use may be permitted if approved by the Planning Commission through the conditional use review procedure (see § 1226.05). Conditional uses may be subject to use-specific standards as identified in the last column of Table 1204-3. Conditional uses are subject to all other applicable standards of this code.

2. The existence or lack of additional use-specific standards in this code shall not be implied to be the only standards the use is required to meet. Any conditional use listed in the table shall be subject to the general review standards for all conditional uses established in § 1226.05(d).

D. Prohibited uses.

1. A "XX" in a cell indicates that a use is prohibited in the respective zoning district.

2. Any use that is not listed as a permitted use, permitted use with standards, or conditional use in a zoning district shall be prohibited in such district.

E. Use-specific standards. The numbers contained in the "Use-Specific Standards" column are references to additional standards and requirements that apply to the use type listed. Standards referenced in the "Use-Specific Standards" column apply in all zoning districts unless otherwise expressly stated.

F. Use determination and unlisted uses.

1. The Development Code Administrator shall make the determination if a proposed use is permitted, permitted with standards, a conditional use, or a prohibited use under the provisions of this chapter.

2. The Development Code Administrator may determine that a proposed use is substantially similar to a use that is permitted, permitted with standards, conditionally permitted, or prohibited in Table 1204-3 based on the proposed use activities, character of the business, similarity to existing uses within the City, or information on the use as may be available from third-party land use resources such as documentation from the American Planning Association, Urban Land Institute, or similar organizations. If the Development Code Administrator finds that the proposed use is substantially similar to a use established in Table 1204-3, the application shall be processed in the same manner as the similar use.

3. In finding that a proposed use is similar to a use established in Table 1204-3, the Development Code Administrator shall make a note of the similar use in the approved application form.

4. If the Development Code Administrator makes the determination that a use is prohibited, the application shall not be processed and the application fee shall be returned.

5. If the applicant disagrees with the Development Code Administrator's determination regarding the proposed use, the applicant may choose to take one of the following actions:

a. The applicant may appeal the determination of the Development Code Administrator to the BZA pursuant to § 1226.13; or

b. The applicant may present their case to the Planning Commission and/or City Council to request that the City initiate a text amendment to address the proposed use and applicable standards.

Table 1204-3: PRINCIPALLY PERMITTED USES

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TABLE 1204-3: PRINCIPALLY PERMITTED USES

P = Permitted PS = Permitted With Standards C = Conditional Use XX = Prohibited

Use Category

Use Type

R-1

R-2 /R-3

R-4

O-1

O-2

B-1

B-2

B-3

I-1

I-2

PI

BC

UC

Use- Specific Standards

BC-I

BC-H

BC-O

BC-R

BC-F

UC-C

UC-S

AGRICULTURAL USES

Agriculture and Agricultural Services

Agriculture (Raising of Crops)

P

Agriculture (Livestock)

P

XX

1204.09(b)(1)

Community Gardens

PS

1204.09(b)(2)

Greenhouses and Nurseries

P

XX

P

XX

1204.09(b)(3)

RESIDENTIAL USES

Group Living

Group Homes

PS/ C

XX

PS/ C

XX

PS/ C

XX

PS/ C

1204.09(c)(1)

Dormitories

XX

P

XX

Fraternities and Sororities

XX

P

XX

Transitional Housing

C

XX

PS

XX

1204.09(c)(2)

Rooming Houses

XX

C

Skilled Nursing or Personal Care Facilities

XX

C

PS

XX

PS

XX

PS

XX

1204.09(c)(3)

Household Living

Dwelling, Multi-Family (Apartment Building with 9 to 12 units)

XX

P

XX

P

Dwelling, Multi-Family (Apartment House with 4 to 8 units)

XX

P

XX

P

Dwelling, Multi-Family (Attached up to 4 units)

XX

P

XX

P

XX

P

Dwelling, Single-Family

P

XX

P

Dwelling-

Three Family

XX

P

XX

P

Dwelling, Two-Family

XX

P

XX

P

Dwelling Units above Nonresidential Uses

XX

P

XX

P

XX

P

COMMERCIAL USES

Animal Care

Kennels and Animal Boarding

XX

PS

XX

1204.09(d)(1)

Animal Care

Veterinarian Offices or Animal Grooming (No Boarding)

XX

PS

XX

PS

XX

PS

XX

PS

1204.09(d)(2)

Eating and Drinking Establishments

Bars and Taverns

XX

P

XX

P

PS

XX

PS

1204.09(d)(3)

Restaurants

XX

C

P

XX

C

P

PS

XX

C

P

1204.09(d)(4)

Restaurants, Drive-In

XX

P

XX

P

XX

Restaurants, Drive-Through

XX

P

XX

P

XX

1204.09(d)(5)

Microbrewery, Microdistillery or Microwinery

XX

PS

XX

PS

1204.09(d)(6)

Mixed Use

Live/Work Units

XX

PS

XX

PS

XX

PS

XX

PS

1204.09(d)(6)

Mixed Use Building (with Residential Uses)

XX

P

XX

PS

XX

PS

XX

PS

1204.09(d)(7)

Multi-Tenant Development (without Residential Uses)

XX

P

XX

P

XX

P

Offices

Business and Professional Offices

XX

P

PS

P

XX

P

1204.09(d)(8)

Offices

Financial Institutions

XX

P

XX

P

XX

P

Medical or Dental Clinics/Offices and 24-Hour Urgent Care

XX

P

XX

PS

P

XX

P

XX

1204.09(d)(9)

Recreation and Entertainment

Recreation Facilities (Indoors)

XX

C

PS

C

PS

C

XX

C

1204.09(d)(10)

Recreation Facilities (Outdoors)

XX

C

XX

1204.09(d)(11)

Community Centers

PS

XX

PS

XX

PS

1204.09(d)(12)

Night Clubs

XX

PS

XX

P

PS

XX

C

1204.09(d)(3)

Theaters

XX

P

XX

C

P

PS

XX

P

1204.09(d)(13)

Adult Entertainment Uses

See Chapter 805 City of Middletown Code of Ordinances

Retail Sales and Services

Auction Houses and Flea Markets

XX

C

XX

Business Services

XX

P

XX

P

XX

P

Convenience Stores

XX

P

XX

P

XX

P

Retail Sales and Services

Funeral Homes and Mortuaries

XX

PS

XX

PS

XX

PS

XX

PS

XX

PS

1204.09(d)(14)

Package Liquor Stores

XX

P

XX

P

XX

P

Personal Service Establishments

XX

PS

P

XX

C

P

PS

XX

C

P

1204.09(d)(15)

Retail and Service Commercial Uses

XX

PS

P

PS

C

P

PS

XX

C

P

1204.09(d)(16)

Tourism

Assembly Halls and Conference Centers

XX

P

XX

P

XX

P

C

Bed and Breakfast Establishments

C

XX

C

1204.09(d)(17)

Hotels

XX

P

XX

P

XX

P

Motels

XX

P

XX

P

XX

Vehicle Sales and Services

Automotive Repair (Heavy) and Towing Services

XX

P

XX

1204.09(d)(18)

Automotive Sales and Leasing

XX

PS

C

XX

C

XX

Vehicle Sales and Services

Automotive Service Station and Parts Sales

XX

PS

XX

PS

XX

1204.09(d)(19)

Mobile Home, Commercial Truck, and Recreational Vehicle Sales and Leasing

XX

P

XX

Parking Garages

XX

C

XX

C

XX

C

XX

C

1204.09(d)(20)

Retail Fuel Sales

XX

P

XX

PS

XX

C

1204.09(d)(19)

Vehicle Washing Establishment

XX

PS

XX

PS

XX

1204.09(d)(21)

INDUSTRIAL USES

Industrial Uses and Services

Bulk Storage of Liquids

XX

P

XX

Building Material Sales and Contractor Yards

XX

C

PS

XX

1204.09(e)(1)

Contractor Offices

XX

P

XX

P

XX

P

XX

P

Distribution Centers

XX

C

P

XX

Industrial Uses and Services

Manufacturing and Production (Indoors)

XX

P

XX

C

XX

Manufacturing and Production (Heavy or Outdoors)

XX

P

XX

Manufacturing and Production with Caustic or Hazardous Materials

XX

C

XX

1204.09(e)(2)

Machinery and Heavy Equipment Sales, Leasing, and Storage

XX

C

P

XX

Outdoor Storage and Sales

XX

C

PS

XX

1204.09(e)(3)

Research and Development Facilities

XX

P

XX

C

P

XX

C

P

XX

P

XX

Train Spurs and Yard Tracks

XX

C

P

XX

C

XX

Wholesale Establishments

XX

C

P

XX

Junk and Salvage Uses

Junkyard or Salvage Center

XX

C

XX

1204.09(e)(4)

Mining and Extraction

Soil and Mineral Extraction Activities

XX

C

XX

1204.09(e)(5)

Storage and Distribution

Self-Storage Facilities

XX

PS

XX

1204.09(e)(6)

Warehouses

XX

P

XX

PUBLIC AND INSTITUTIONAL USES

Public or Quasi-Public Facilities

Active Recreational Facilities

C

PS

XX

PS

1204.09(f)(1)

Airport

XX

C

XX

C

XX

Essential Services

Exempt Per § 1202.05(b).

Government Facilities

C

P

Passive Parks, Open Space, and Natural Areas

P

Radio and Television Broadcasting Studios

XX

P

XX

P

Utility Facilities and Buildings

C

P

C

P

C

Public or Quasi-Public Facilities

Utility Structures

PS

1204.09(f)(2)

Wireless Telecommunic- ation Facilities (Antenna Only)

PS

1204.09(f)(3)

Wireless Telecommunic ation Facilities (New Towers)

C

XX

C

XX

1204.09(f)(3)

Institutional Uses

Cemeteries

PS

XX

PS

XX

PS

1204.09(f)(4)

Colleges and Higher Educational Institutions

XX

P

XX

P

XX

P

XX

P

Cultural Facilities

C

PS

C

PS

1204.09(f)(5)

Educational Institutions (K-12)

C

PS

XX

PS

1204.09(f)(6)

Fraternal, Charitable, and Service Oriented Clubs

XX

C

PS

XX

PS

C

PS

1204.09(f)(7)

Hospitals

XX

P

XX

P

XX

Institutional Uses

Nursery Schools or Day Care Centers (Children or Adults)

XX

PS

XX

PS

XX

PS

1204.09(f)(8)

Religious Places of Worship

C

XX

PS

1204.09(f)(5)

(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2018-44, passed 8-7-2018; Am. Ord. O2020-47, passed 10-6-2020; Am. Ord. O2021-73, passed 9-21-2021)