§ 152.043 APPLICATION.
   (A)   Compliance. All lots, uses and structures shall comply with the standards set forth in the district in which they are located, except as otherwise provided for in this chapter. Uses and structures in all districts shall comply with all other provisions of this chapter, including §§ 152.240 et seq. through §§ 152.415 et seq., and all other applicable federal, state and local codes and ordinances.
   (B)   Allowable uses. Allowable land uses are specifically listed within each district and are classified as follows:
      (1)   Permitted use. A use allowed by right, if otherwise in compliance with the standards set forth in the applicable zoning district.
      (2)   Special use. A use that may be compatible with permitted uses, if approved by the village at its discretion, subject to a public hearing and conditions.
      (3)   Accessory use. A use that is customarily incidental and subordinate to the principal use and located on the same lot as the principal use.
   (C)   Unlisted uses. Any use of land not specifically permitted is prohibited, except that the Zoning Board of Appeals shall have the power to classify a use that is not specifically listed along with a comparable permitted or prohibited use for the purpose of clarifying the use regulations in any district, if so petitioned in accordance with the requirements of this chapter. If the Zoning Board of Appeals finds no comparable uses based on an examination of the characteristics of the proposed use, it shall so state and the Planning Commission may be petitioned to initiate an amendment to the text of the ordinance to establish the appropriate district(s), type of use (by right or special approval) and criteria that will apply for that use. Once the ordinance has been amended to include the new regulations, then an application to establish that use can be processed.
   (D)   Lots.
      (1)   No lot or setback area existing before the effective date of this chapter shall be reduced below the minimum area or dimensions established herein.
      (2)   All lots and setback areas created after the effective date of this chapter shall comply with the minimum requirements established herein.
      (3)   No portion of any lot improved with a structure shall be used to create another lot, unless each lot resulting from the lot division, lot line adjustment or sale conforms to all of the requirements established herein.
   (E)   Zoning vacated areas. Whenever any road, alley or other public right-of-way or portion thereof within the village is vacated, it shall automatically be zoned the same district as the adjacent property to the centerline of the right-of-way.
(Ord. 37, passed 8-28-2005) Penalty, see § 152.999