(B) Rules of application.
(1) Identification of uses. Listed uses are to be defined by their customary name or identification, except as specifically defined or limited in this chapter.
(2) Permitted uses. Only a use designated as permitted shall be allowed as a matter of right in any zoning district, and any use not so designated shall be prohibited except, when in character with the zoning district, such additional uses may be added to permitted uses by formal amendment, in conformance with the procedures specified in § 156.227 of this chapter. No more than one permitted use shall exist on any one zoning lot.
(3) Accessory uses. An accessory use or structure is a subordinate use or structure clearly incidental to and customary in connection with the principal permitted building or use, and located on the same lot with such principal building or use. Accessory uses or structures shall be allowed in accordance with the specific district regulations, and the requirements of § 156.060.
(4) Conditional uses. A use designated as a conditional use shall be allowed in the zoning district where the designation occurs, when such use, its location, extent and method of development will not substantially alter the character of the vicinity, or unduly interfere with or adversely impact the use of adjacent lots. To this end, the Board of Zoning Appeals shall, in addition to the development standards for the specific district, set forth additional requirements as will render the conditional use compatible with existing and future use of adjacent lots in the vicinity, in accordance with §§ 156.205–156.211 of this chapter.
(5) Similar uses.
(a) Determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be considered as a permitted use in that district.
(b) Applications for zoning permits for a use not specifically listed in the permitted building or use classifications of the zoning district, which the applicant feels qualifies as a similar use under the provisions of this section, shall be submitted to the Planning Commission.
(c) Prior to taking action on the inclusion of a use as a similar use, the Planning Commission shall hold a public hearing. The public hearing shall be advertised according to the requirements of § 156.227(E)(1) of this chapter.
(d) Within 30 days after the public hearing, the Planning Commission shall determine whether the requested use is similar to those uses permitted in the specific district in order to find that a use is similar, the Planning Commission shall find that all of the following conditions exist:
1. Such use is not listed as a permitted or conditional use in another zoning district.
2. Such use conforms to basic characteristics of the classification to which it is to be added and is more appropriate to it than to any other classification.
3. Such use creates no danger to health and safety and creates no offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences to an extent greater than normally resulting from uses listed in the classification to which it is to be added.
4. Such use does not create traffic congestion to a greater extent than uses listed in the classification to which it is to be added.
(6) Development standards. Development standards set forth shall be the minimum allowed for development in a district. If development standards are in conflict with requirements of any other lawfully adopted rule, regulation, or law, the most restrictive standard shall govern.
(Ord. 34-90, passed 12-26-90)