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(A) Schedule of Uses.
(1) Permitted Uses, as listed in Appendix C, Use Matrix, shall be permitted in the districts listed, subject to any special restrictions specified. No land or building shall be devoted to any use other than those listed as Permitted Uses in the zoning district in the district in which the land or building is located, except for:
(a) Uses lawfully established prior to the effective date of this chapter, or
(b) Conditional uses as provided below.
(3) The interpretation of proposed uses shall be determined by the Director of Planning and Development. When determining the zoning regulations for real estate abutting property for which the land use does not match the zoning district, the zoning district regulations shall apply.
(B) Uses Generally Permitted.
(1) Accessory Uses and Structures. Accessory Uses and Structures shall be a permitted use in all zoning districts except as otherwise restricted in this chapter. Where permitted, accessory uses and structures shall be regulated by § 159.121.
(2) Home Occupations. Home occupations shall be a permitted accessory use in all residential dwelling units, except as otherwise restricted in this chapter. Where permitted, home occupations shall be regulated by § 159.122.
(3) Residential Care Homes. Residential Care Homes shall be a permitted use in all residential districts and shall be regulated by § 159.124.
(5) Bed and Breakfast Establishments. Bed and Breakfast Establishments shall be a conditional use in all residential districts, the Downtown (D) District, and the General Business (GB) District. Where permitted, bed and breakfast establishments shall be regulated by § 159.125.
(6) Agriculture. Agriculture shall be a permitted use in all districts pursuant to § 159.120(F).
(7) Temporary Uses. Temporary uses shall be a permitted use in all zoning districts except as otherwise restricted in this chapter. Where permitted, temporary uses shall be regulated by § 159.127.
(C) Parking and Loading. Parking shall be a permitted accessory use in all districts. Loading shall be a permitted accessory use in all non-residential districts. Parking as a primary use shall be a conditional use in all districts. Where permitted, parking and loading shall be regulated by §§ 159.140 through 159.148.
(D) Signs. Signs may be a permitted accessory use in several different situations, such as but not limited to:
(1) Identification for non-residential uses;
(2) Identification for residential subdivisions and apartment complexes;
(3) Temporary advertising;
(4) Directional or informational signage.
The permitted location of various signs, as well as other sign requirements, shall be regulated by §§ 159.160 through 159.166.
(E) Landscaping and Screening. Landscaping and/or screening may be required in the following situations:
(1) Interior parking lot islands;
(2) Perimeter parking lot buffering;
(3) Buffering for non-residential uses abutting residential uses;
(4) Surrounding outdoor storage and waste disposal areas;
(5) Other situations as required in this chapter or as determined by the Director of Planning and Development, Technical Advisory Committee, Plan Commission, or Board of Zoning Appeals, as applicable.
(G) Application of Overlay Districts. Some lots and parcels may be affected by both a base district and one or more overlay districts. Overlay Districts include:
(1) Zero Lot Line (ZLL) Overlay District.
(2) Historic Preservation Overlay (HPO) District.
(3) Planned Development (PD) Overlay District.
(4) Village Center Overlay (VCO) District. Affected lots and parcels shall be so indicated on the Zoning Map, and shall be subject to the regulations of both the overlay district and the underlying base district.
(5) Downtown Mixed Use Overlay District (DMU).
(H) Site Plan Review. Site Plan Review shall be required of all non-residential developments, all residential subdivisions and Planned Developments (PDs), and all uses located in an Historic Preservation (HP) Overlay District. Site plan review shall be conducted as described in § 159.041(C). Where Site Plan Review is required, the evaluation of site plans shall consider: 1) all restrictions applicable to the zoning district(s) in which the use is located, 2) all applicable standards for parking, signs, landscaping, and other general development standards, and 3) the criteria for Site Plan Review in that section.
(I) Commercial Vehicle Storage. The storage or parking of commercial vehicles in residential zoning districts including Planned Development Districts are subject to the following requirements:
(1) The parking of a commercial vehicle shall be limited to one standard size vehicle or not to exceed 3/4 ton vehicle including cars, SUV's, step-up vans, work vans, and pickup trucks. The parking of trailers shall be prohibited. The exception being that any commercial vehicle may be stored within an enclosed structure.
(2) This regulation shall not be interpreted to apply to commercial vehicles used for conveying the necessary tools and materials to premises where labor using such tools and materials is to be performed during the time of parking such vehicles, or to commercial vehicles in the process of temporarily loading or unloading deliverable goods.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 23-4-07, passed 5-15-07; Am. Ord. 64-11-08, passed 12-9- 08; Am. Ord. 12-2-11, passed 3-15-11; Am. Ord. 46-07-16, passed 8-9-16; Am. Ord. 25-07-17, passed 8-15-17) Penalty, see § 159.999