This article contains a description of the use classification system used to classify principal uses in this zoning ordinance.
(A) Use categories. This zoning ordinance classifies principal land uses into five major groupings, which are referred to as use categories:
(1) Residential
(2) Public and Civic
(3) Commercial
(4) Industrial
(5) Agricultural
(B) Use subcategories. Each use category is further divided into more specific "subcategories." Use subcategories classify principal land uses and activities based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions.
(C) Specific uses. Some use subcategories are further broken down to identify specific use, business or activity types that are regulated differently than the parent subcategory as a whole.
(D) Determination of use categories and subcategories.
(1) The Zoning Administrator is authorized to classify uses on the basis of the use category and subcategory descriptions of this section.
(2) When a use cannot be readily classified into a use category/subcategory or appears to fit into multiple categories/subcategories, the Zoning Administrator is authorized to determine the most similar, and thus most appropriate, use category/ subcategory based on the actual or projected characteristics of the principal use or activity in relationship to the use category and subcategory descriptions provided in this section. In making such determinations, the Zoning Administrator is authorized to consider all of the following:
(a) The types of activities that will occur in conjunction with the use;
(b) The types of equipment and processes to be used;
(c) The existence, number and frequency of residents, customers or employees;
(d) Parking demands associated with the use; and
(e) Other factors deemed relevant to a use determination.
The Zoning Administrator is not required to concur with a Special Use Permit application, as provided in § 155-16.40, for a use "similar or compatible" with a permitted use of the underlying district. lt is incumbent upon the applicant to demonstrate the proposed special use is "similar or compatible" with a permitted use of the underlying district.
(3) If a use can reasonably be classified in multiple categories, subcategories or specific use types, the Zoning Administrator must categorize the use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate match.
(4) If the Zoning Administrator is unable to determine the appropriate use category for a proposed use, the Zoning Administrator is authorized to deny the permit request. This decision may be appealed in accordance with § 155-16.100.
(Ord. effective 10-1-2012; Am. Ord. 23-353, passed 11-16-2023)