(A) Identification of uses. Listed uses are to be defined by their customary name or identification, except as specifically defined or limited in this chapter.
(B) Permitted uses.
(1) 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 unless:
(b) An unlisted use may be determined by the Planning and Zoning Board to be a similar use, in accordance with division (E) below.
(2) No more than one permitted use shall exist on any one zoning lot.
(C) Accessory uses. An accessory use or structure is a subordinate use or structure clearly incidental and secondary to 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 §§ 153.390 through 153.395.
(D) 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 Planning and Zoning Board 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 §§ 153.120 through 153.126.
(E) Similar uses.
(1) 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.
(2) Applications for zoning permits for uses not specifically listed in the permitted building or use classifications of the zoning district, which the applicant feels qualify as a similar use under the provisions of this section, shall be submitted to the Planning and Zoning Board.
(3) Within 30 days after such submittal, the Planning and Zoning Board 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 and Zoning Board shall find that all of the following conditions exist:
(a) Such use is not listed as a permitted or conditional use in another zoning district;
(b) 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; and
(c) Such use creates no increased danger to health and safety, creates no increased level of noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences, and does not create traffic congestion to an extent greater than normally resulting from uses listed in the classification to which it is to be added.
(F) Development standards. Development standards set forth shall be the minimum allowed for uses permitted in that district. If development standards are in conflict with requirements of any other lawfully adopted rule, regulation or law, the most restrictive standard shall govern.
(G) Development plan.
(1) For particular uses in specific districts, a development plan will be cited as required. In such cases, the development plan shall be submitted by the applicant at the time of the application for a zoning permit, or at such time when the property is rezoned into that district. The development plan shall contain a site plan for the property, drawn to approximate scale, showing all property lines, existing buildings, access drives, parking areas and other notable physical features. The development plan shall also show the location, outlines and size of all proposed structures including the design of all improvements, including drainage, private streets, water and sanitary sewer lines, as well as the size, design, materials and location of all signage proposed for the development. The development plan shall also contain a narrative description of the proposed use, and an evaluation of how such use may impact adjacent property.
(2) The development plan shall be reviewed by the Planning and Zoning Board and must be approved as a condition for the issuance of a zoning permit. In reviewing such plan, the Planning and Zoning Board may seek the timely input from specific consultants. In approving a development plan, the Planning and Zoning Board shall find that the following criteria have been met:
(a) The proposed building or use shall have sufficient yard space to provide for adequate parking and screening of adjacent residential areas as may be required in this chapter;
(b) The proposed use and structures, as proposed, can be adequately and efficiently served by public streets and utilities; and
(c) The location, design and operation of the proposed use shall not impose undue adverse impacts on surrounding residential neighborhoods, and/or the development plan for the proposed facility has incorporated measures to lessen and/or alleviate such adverse impacts and protect the character of such adjacent residential areas.
(H) Essential services. Essential services, as defined and specified in § 153.005, shall be permitted in any and all zoning districts within the municipality.
(2003 Code, § 153.176) (Ord. 3459, § 12.02, passed 3-7-2002)