1105.03 ALLOWED PRINCIPAL USES.

   (a)   Table 1105-1 lists the principal uses allowed within the various base zoning districts in the City of Mount Vernon. Chapter 1107: Planned Development Districts identifies the uses that are allowed in PDs and Section 1105.02, above, addresses permitted uses in the R-MH District.

   (b)   Essential Services Exempted.

      (1)   The erection, construction, alteration, or maintenance by public utilities or municipal departments, boards or commissions of essential services shall be exempt from the regulations of this code. Provided, however, that the installation of such essential services shall conform to Federal Communications Commission and Federal Aviation Administration rules and regulations, and those of other authorities having jurisdiction.

      (2)   Buildings required in conjunction with an essential service identified in Section 1105.03(b)(1) above shall be subject to the regulations of this code and shall be reviewed as a principal use in accordance with Chapter 1105: Base Zoning Districts and Principal Uses.

   (c)   Explanation of Permitted Uses Table.

      (1)   Permitted Uses (P).

         A.   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.

         B.   Permitted uses are approved administratively by the ZEO through the zoning permit procedure unless subject to additional reviews (e.g., variance, etc.).

      (2)   Permitted Uses with Standards (PS).

         A.   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 1105-1. Permitted uses with standards are subject to all other applicable standards of this code.

         B.   Uses permitted with standards are approved administratively by the ZEO through the zoning permit procedure unless subject to additional reviews (e.g., variance, etc.).

      (3)   Conditional Uses (C).

         A.   A "C" in a cell indicates that a use may be permitted if approved by the MPC through the conditional use review procedure (See Section 1103.06.). Conditional uses may be subject to use-specific standards as identified in the last column of Table 1105-1. Conditional uses are subject to all other applicable standards of this code.

         B.   The existence or lack of additional use-specific standards for conditional uses in this code shall not be implied to be the only standards the conditional 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 Section 1103.06(c).

      (4)   Prohibited Uses (Blank Cell).

         A.   A blank cell indicates that a use is specifically prohibited in the applicable zoning district.

         B.   Any use not specifically listed in the table shall be considered prohibited unless approved as a similar use (See Section 1105.03(e).) or through a code text amendment.

         C.   There may be districts where a specified use is prohibited either by an overlay zoning district or by the use-specific standards referenced in the last column of Table 1105-1.

         D.   The following uses are specifically prohibited in the City of Mount Vernon and may not be approved as a similar use in accordance with Section 1105.03(e):

            i.   Medical marijuana dispensary;

            ii.   Recreational marijuana dispensary;

            iii.   Battery reclamation or manufacturing, the manufacturing or processing of regulated substances as the principal activity, the manufacturing of paints, varnishes, lacquers, and enamels, or any similar type of use that could potentially create a brownfield site;

            iv.   Outdoor storage of goods, materials, or vehicles as the principal use of a property; and

            v.   Any gambling activity that is not expressly allowed by state law within a building or use allowed under this code.

      (5)   Use-Specific Standards.

         A.   The column titled "Use-Specific Standards" includes cross-references to a section containing standards that apply specifically to the listed use.

      B.   Use-specific standards shall only apply if the use is permitted with standards (PS) or is a conditional use (C) in the zoning district.

         C.   Standards referenced in the "Use-Specific Standards" column apply in all zoning districts unless otherwise expressly stated.

         D.   The land uses and activities covered by this section shall comply with the applicable use-specific standards in all districts unless otherwise specified, in addition to all other applicable provisions of this code.

   (d)   Multiple Uses. If multiple uses are proposed on a single lot or in a single building, then each of the individual uses shall be allowed in the applicable zoning district and reviewed in accordance with how the individual use is allowed in the district (i.e., permitted, permitted with standards, or conditional use).

   (e)   Similar Use Determination and Unlisted Uses.

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

      (2)   The ZEO may determine that a proposed use is substantially similar to a use that is permitted, permitted with standards, conditional, or prohibited as established in Table 1105-1 based on:

         A.   The proposed use activities;

         B.   The character of the proposed use as compared to other uses;

         C.   Similarity to existing uses within the City; and/or

         D.   Information on the use that may be available from third-party or governmental land use resources such as documentation from the American Planning Association, Urban Land Institute, the U.S. Census Bureau, or similar organizations.

      (3)   If the ZEO determines that the proposed use is substantially similar to a use established in Table 1105-1, the application shall be processed in the same manner as the similar use.

      (4)   In finding that a proposed use is similar to a use established in Table 1105-1, the ZEO shall make a note of the similar use on the application form submitted by the applicant (e.g., zoning permit, conditional use approval, etc.).

      (5)   If the ZEO makes the determination that a use is not allowed, the application shall be denied. Such decision may be appealed to the BZA pursuant to Section 1103.07.

      (6)   The ZEO shall maintain as a public record a listing of all uses which have been determined to be substantially similar. For each such use the record shall include the use as listed in this code, the use unlisted in this code about which the determination of substantial similarity was made, and the dates of any actions thereupon. This record shall also contain the same information for all uses which have been determined not to be substantially similar. The ZEO shall provide a summary of similar use determinations to the BZA and shall consult this record in the process of issuing future permits.

TABLE 1105-1: PRINCIPAL USES

P = Permitted Use PS = Permitted Use with Standards C = Conditional Use

Principal Land Uses

RR

ER, R-1 & R-1A

R-2

R-3 & R-4

NC

CB

GB

OB

LI

GI

PI

Use-Specific Standards See Section:

Agricultural Uses

Agriculture

PS

PS or C

1105.04(a)

Residential Uses - Household Living

Dwelling, Multi-Family

P

C

C

C

Dwelling, Rowhouse

C

P

C

C

C

Dwelling, Single-Family

P

P

P

P

C

C

C

1105.04(b)

Dwelling, Two-Family

C

P

P

C

C

C

1105.04(b)

Dwelling, Three-Family

C

P

P

C

C

C

1105.04(b)

Permanently Sited Manufactured Home

PS

PS

PS

PS

C

C

1105.04(d)

Small-Scale Planned Housing Development

C

C

1105.04(c)

Residential Uses - Group Living

Residential Facility, Large

C

C

C

C

1105.04(e)

Residential Facility, Small

PS

PS

PS

PS

C

C

1105.04(f)

Permanently Supportive Housing

C

C

P

C

P

Transitional Housing

C

C

P

C

P

Skilled Nursing or Personal Care Facility

C

C

PS

C

PS

1105.04(g)

TABLE 1105-1: PRINCIPAL USES (Cont.)

P = Permitted Use PS = Permitted Use with Standards C = Conditional Use

Principal Land Uses

RR

ER, R-1 & R-1A

R-2

R-3 & R-4

NC

CB

GB

OB

LI

GI

PI

Use-Specific Standards See Section:

Public and Institutional Uses

Active Recreational Use

C

C

C

C

C

C

C

C

C

C

PS

1105.04(h)

Airport or Heliport

C

P

Cellular or Wireless Communication System (Colocation)

PS

PS

PS

PS

PS

PS

PS

PS

PS

PS

PS

1105.04(i)

Cellular or Wireless Communication System (New)

C

C

C

C

C

C

C

1105.04(i)

Cemetery

C

PS

1105.04(j)

Community Garden

PS

PS

PS

PS

PS

PS

PS

PS

PS

PS

PS

1105.04(k)

Cultural Facility

C

C

C

C

C

P

P

P

P

Educational Institutional (Higher Education)

C

C

C

C

C

P

P

C

P

P

Educational Institution (Preschool and K-12)

P

P

P

P

C

P

P

P

P

Fraternal, Charitable, or Service Oriented Club

PS

PS

C

PS

1105.04(l)

Government Office or Building

C

C

C

P

P

P

P

P

P

P

P

Hospital

P

TABLE 1105-1: PRINCIPAL USES (Cont.)

P = Permitted Use PS = Permitted Use with Standards C = Conditional Use

Principal Land Uses

RR

ER, R-1 & R-1A

R-2

R-3 & R-4

NC

CB

GB

OB

LI

GI

PI

Use-Specific Standards See Section:

Public and Institutional Uses (Cont.)

Memorial or Monument

P

P

P

P

P

Nursery Schools and Day Care Centers

C

C

C

C

C

C

PS

C

PS

1105.04(m)

Passive Park, Open Space, or Natural Area

P

P

P

P

P

P

P

P

P

P

P

Place of Worship

PS

PS

PS

PS

PS

PS

PS

PS

PS

1105.04(n)

Parking Lot or Garage

C

C

PS

P

1105.04(o)

Public Utility Building or Facility

C

C

C

C

C

C

C

C

P

P

P

Residential Community Center

PS

PS

PS

PS

1105.04(p)

Commercial and Office Uses

Administrative, Business or Professional Offices

P

P

P

P

PS

PS

1105.04(q)

Adult Entertainment Establishment

C

1105.04(r)

Amusement Arcade

C

C

1105.04(s)

Animal Boarding Facility

C

P

1105.04(t)

Animal Hospital/Clinics and Animal Grooming

C

C

C

PS

C

PS

PS

1105.04(t)

Assembly Halls or Conference Centers

P

P

P

P

TABLE 1105-1: PRINCIPAL USES (Cont.)

P = Permitted Use PS = Permitted Use with Standards C = Conditional Use

Principal Land Uses

RR

ER, R-1 & R-1A

R-2

R-3 & R-4

NC

CB

GB

OB

LI

GI

PI

Use-Specific Standards See Section:

Commercial and Office Uses (Cont.)

Automotive Repair and Service (Minor)

PS

PS

1105.04(u)

Automotive Repair and Service (Major)

C

C

PS

1105.04(v)

Bed and Breakfast

C

C

C

C

1105.04(w)

Commercial and Business Support Service

P

P

Commercial Greenhouse or Nursery

P

P

Commercial Recreational Facility (Indoors)

C

C

C

Commercial Recreational Facility (Outdoors)

C

C

C

C

1105.04(h)

Financial Institution

P

P

P

P

Fuel Station

PS

1105.04(u)

Funeral Home and Mortuary

C

PS

C

PS

PS

0

Hotel

P

Live/Work Unit

PS

PS

1105.04(v)

Medical/Dental Clinic or Health Center

P

P

P

P

Microbrewery, Microdistillery, or Microwinery

PS

PS

PS

PS

1105.04(z)

Mixed-Use Building

C

P

P

Multi-Tenant Use

P

P

P

P

Personal Services

P

P

P

P

Restaurants

P

P

P

C

TABLE 1105-1: PRINCIPAL USES (Cont.)

P = Permitted Use PS = Permitted Use with Standards C = Conditional Use

Principal Land Uses

RR

ER, R-1 & R-1A

R-2

R-3 & R-4

NC

CB

GB

OB

LI

GI

PI

Use-Specific Standards See Section:

Commercial and Office Uses (Cont.)

Retail Business

P

P

P

Short-Term Rentals

PS

PS

PS

PS

PS

PS

PS

PS

1105.04(aa)

Theaters

C

P

P

Vehicle Sales and Leasing

P

Vehicle Washing Establishments

PS

1105.04(bb)

Industrial Uses

Bulk Sale, Storage or Distribution of Grains

P

P

Contractor Equipment and Storage Yard

PS

PS

PS

1105.04(cc)

Food Service

P

P

Industrial Service Use

P

P

Junk and Salvage Yard

C

Machinery and Heavy Equipment Sales, Leasing, Storage and Service

C

P

Manufacturing and Production (Heavy or Outdoors)

C

Manufacturing and Production (Indoors)

P

P

Marijuana Cultivator

P

P

Marijuana Processing

P

P

Mineral Extraction

C

C

 

TABLE 1105-1: PRINCIPAL USES (Cont.)

P = Permitted Use PS = Permitted Use with Standards C = Conditional Use

Principal Land Uses

RR

ER, R-1 & R-1A

R-2

R-3 & R-4

NC

CB

GB

OB

LI

GI

PI

Use-Specific Standards See Section:

Industrial Uses (Cont.)

Railyards and Rail Service

P

Recycling Center

P

C

Research and Development Facility

P

P

Self-Storage Facility

C

PS

PS

1105.04(dd)

Truck Terminal

P

Warehouse

P

P

Wholesale Establishment

P

P

Special Uses

Adaptive Reuse of a Pre-Existing Building

C

C

C

C

C

C

C

C

C

C

C

1105.04(ee)

(Ord. 2024-032. Passed 7-22-24.)