1105.02 ALLOWED PRINCIPAL USES.

(a) Table 1105-1 lists the principal uses allowed within the various base zoning districts in the City of Sharonville. Chapter 1109: Planned Unit Developments identifies the uses that are allowed in PUDs.

(b) 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 Planning Commission through the site plan review process (See Section 1129.07.) or by the Director of Community Development through the certificate of zoning approval procedure (See Section 1129.12.), 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 Planning Commission through the site plan review process (See Section 1129.07.) or by the Director of Community Development through the certificate of zoning approval procedure (See Section 1129.12.), 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 Planning Commission through the conditional use review procedure (See Section 1129.04.). 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 1129.04(d).

C. Where a use is listed as PS/C, there may be certain circumstances in which a conditional use approval may be required rather than the use being permitted with standards. The specific approval required shall be as established in the use-specific standards.

(4) Overlay Districts.

A. Table 1105-1 includes a column for the Northern Lights Overlay District (NLO) because the NLO alters how uses allowed in underlaying base zoning districts per the following:

i. Where a use is permitted (P), permitted with standards (PS), conditional (C), or prohibited (XX) in the NLO District under Table 1105-1, then such use is permitted or prohibited, as applicable, in the NLO District regardless of how it is allowed or if it prohibited in the underlying base zoning district.

ii. A "UD" in a cell under the NLO District establishes that the use is permitted in the same manner as the underlying zoning district.

B. Uses in the Reading Road Gateway North Overlay District (RRO) are allowed pursuant to underlying base zoning district.

C. See Chapter 1107: Overlay Zoning Districts for additional standards related to all overlay zoning districts.

(5) Prohibited Uses (XX).

A. An "XX" in a 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 1105.02(d).) 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 Sharonville and may not be approved as a similar use in accordance with Section 1105.02(d):

i. Medical marijuana dispensary;

ii. Medical marijuana cultivation;

iii. Medical marijuana processing;

iv. Medical marijuana business;

v. 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;

vi. Transfer, storage, or disposal facilities requiring a permit under the Resource Conservation and Recovery Act of 1976;

vii. Junk and scrap metal yards, and auto salvage and recycling yards;

viii. Sanitary landfills and solid waste landfills;

ix. Construction and demolition debris landfills;

x. Correctional institutions;

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

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

(6) 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.

(c) 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).

(d) Similar Use Determination and Unlisted Uses.

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

(2) The Director of Community Development 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 Director of Community Development 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 Director of Community Development shall make a note of the similar use on the application form submitted by the applicant (e.g., certificate of zoning approval, site plan review, conditional use, etc.).

(5) If the Director of Community Development 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 1129.13.

TABLE 1105-1: PRINCIPAL USES

P=Permitted Use PS=Permitted Use with Standards C=Conditional Use UD=Only as Allowed in Underlying District

XX=Prohibited Use

Principal Land Uses

R1-A

R1-B

R2-C

RM-D

OB

LB

GB

CBD

SM-D

NLO

CS

GI

ITC

PF

Use-Specific Standards

See Section:

Agricultural Uses

Community Gardens

XX

PS

1105.03(a)

Residential Uses

Dwelling, Multi-Family

XX

P

XX

P

UD

XX

Dwelling, Single-Family

P

XX

P

XX

Dwelling, Two-Family

XX

P

XX

P

XX

Dwelling, Rowhouse

XX

P

XX

P

UD

XX

Residential Facilities

PS

PS/C

XX

UD

XX

1105.03(b)

Skilled Nursing or Personal Care Facilities

XX

PS

XX

PS

XX

PS

1105.03(c)

Public and Institutional Uses

Active Recreational Facilities

XX

PS

1105.03(d)

Cemeteries

XX

P

Cultural Facilities

XX

UD

XX

P

Educational Institutions (Higher Education)

XX

P

XX

UD

XX

P

Education Institutions (Preschool and K-12)

XX

UD

XX

P

Essential Services

P

UD

P

Fraternal, Charitable, and Service Oriented Clubs

XX

C

XX

PS

XX

UD

XX

PS

Government Offices and Buildings

XX

UD

XX

P

Memorial and Monuments

XX

UD

XX

P

TABLE 1105-1: PRINCIPAL USES

P=Permitted Use PS=Permitted Use with Standards C=Conditional Use UD=Only as Allowed in Underlying District

XX=Prohibited Use

Principal Land Uses

R1-A

R1-B

R2-C

RM-D

OB

LB

GB

CBD

SM-D

NLO

CS

GI

ITC

PF

Use-Specific Standards

See Section:

Public and Institutional Uses (Cont.)

Hospitals

XX

P

Passive Parks, Open Space, and Natural Areas

XX

UD

XX

P

Places of Worship

XX

P

UD

XX

P

1105.03(f)

Public Parking Lots or Garages

XX

P

XX

P

Public Utility Buildings and Facilities

XX

P

Residential Community Centers

C

XX

UD

XX

1105.03(g)

Wireless Communications Towers and Antenna

XX

C

1105.03(h)

Commercial and Office Uses

Administrative, Business, or Professional Offices

XX

P

UL

P

Adult Entertainment Establishments

XX

C

XX

1105.03(i)

Animal Board Facilities

XX

PS

XX

1105.03(j)

Animal Hospital/Clinics and Animal Grooming

XX

C

XX

P

XX

Assembly Halls or Conference Centers

XX

P

UD

XX

Automotive Repair and Service (Minor)

XX

C

PS

XX

PS

XX

1105.03(k)

Automotive Repair and Service (Major)

XX

C

XX

PS

XX

1105.03(l)

Commercial and Business Support Services

XX

P

XX

P

XX

TABLE 1105-1: PRINCIPAL USES

P=Permitted Use PS=Permitted Use with Standards C=Conditional Use UD=Only as Allowed in Underlying District

XX=Prohibited Use

Principal Land Uses

R1-A

R1-B

R2-C

RM-D

OB

LB

GB

CBD

SM-D

NLO

CS

GI

ITC

PF

Use-Specific Standards

See Section:

Commercial and Office Uses (Cont.)

Commercial Greenhouses

XX

P

XX

Commercial Recreational Facilities (Indoors)

XX

C

P

XX

UD

C

XX

Commercial Recreational Facilities (Outdoors)

XX

C

XX

C

XX

1105.03(d)

Financial Institutions - Cash Advance, Check Cashing, Short-Term Loan, and Pay Day Lending

XX

C

XX

Financial Institutions - Other

XX

C

P

UD

P

XX

Fuel Stations

XX

C

PS

XX

PS

XX

1105.03(k)

Funeral Homes and Mortuaries

XX

PS

C

PS

XX

PS

XX

1105.03(m)

Hotels

XX

P

UD

XX

Liquor Stores

XX

P

C

XX

UD

XX

Medical/Dental Clinics and Health Centers

XX

P

C

P

XX

P

Medication Maintenance Facilities or Dispensaries

XX

P

XX

P

Microbrewery, Microdistillery, or Microwinery

XX

PS

PS or C

PS

UD

PS

XX

1105.03(n)

Mixed -Use Buildings

XX

C

P

XX

Multi-Tenant Use

XX

P

UD

P

XX

Nursery Schools and Day Care Centers (Adult or Child)

XX

PS

C

PS

C

UD

C

XX

1105.03(o)

Personal Services

XX

P

UD

XX

Restaurants

XX

P

UD

P

C

XX

TABLE 1105-1: PRINCIPAL USES

P=Permitted Use PS=Permitted Use with Standards C=Conditional Use UD=Only as Allowed in Underlying District

XX=Prohibited Use

Principal Land Uses

R1-A

R1-B

R2-C

RM-D

OB

LB

GB

CBD

SM-D

NLO

CS

GI

ITC

PF

Use-Specific Standards

See Section:

Commercial and Office Uses(Cont.)

Restaurants, Drive-in or Drive-Through

XX

C

XX

1105.03(p)

Retail Businesses (10,000 square feet or smaller)

XX

P

UD

P

XX

Retail Businesses (Over 10,000 square feet)

XX

P

UD

P

XX

Smokers Lounge

XX

C

XX

Taverns or Bars

XX

C

UD

XX

Theaters

XX

C

P

UD

XX

Vehicle Sales and Leasing (New)

XX

PS

XX

1105.03(q)

Vehicle Sales and Leasing (Used)

XX

PS

XX

1105.03(r)

Vehicle Washing Establishments

XX

C

XX

C

XX

1105.03(s)

Industrial Uses

Bulk Sale or Distribution of Fuels and Oils

XX

C

XX

Container Ports

XX

C

XX

1105.03(t)

Contractor Equipment and Storage Yard

XX

C

XX

1105.03(u)

Food Services

XX

P

XX

Industrial Services Uses

XX

P

XX

Machinery and Heavy Equipment Sales, Leasing, Storage, and Service

XX

P

XX

TABLE 1105-1: PRINCIPAL USES

P=Permitted Use PS=Permitted Use with Standards C=Conditional Use UD=Only as Allowed in Underlying District

XX=Prohibited Use

Principal Land Uses

R1-A

R1-B

R2-C

RM-D

OB

LB

GB

CBD

SM-D

NLO

CS

GI

ITC

PF

Use-Specific Standards

See Section:

Industrial Uses(Cont.)

Manufacturing and Production (Heavy or Outdoors)

XX

C

XX

Manufacturing and Production (Indoors)

XX

C

P

XX

Portable Storage Unit Sales, Rental, and Storage

XX

C

XX

Research and Development Facilities

XX

C

P

XX

Self-Storage Facilities

XX

C

XX

1105.03(v)

Truck Terminals

XX

PS

XX

1105.03(w)

Warehouses

XX

C

P

XX

Wholesale Establishments

XX

P

XX

(Ord. 2022-22. Passed 5-10-22.)