§ 5.1. GENERAL PROVISIONS

A.

Approach to Categorizing Uses

1.

Principal Uses

Permitted principal uses by district are set forth in 5.2, Permitted Use Table. Permitted uses are grouped by use categories. Use categories are not zoning districts. Use categories classify land uses and activities based on common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties, and site conditions. Use categories provide a systematic basis for assigning land uses to appropriate zoning districts. The use categories used in 5.2 are defined and listed in Section 5.6, Use Categories.

2.

Accessory Uses

Permitted accessory uses are allowed by right in conjunction with a principal use as set forth in 5.4, Accessory Structures and Uses. No accessory use may be established on a site without a principal use.

B.

Uses Not Specifically Listed

1.

Specific uses are listed in Section 5.2, Permitted Use Table. Uses may be further defined in Section 5.6, Use Categories. Any principal use not specifically listed is expressly prohibited unless the Zoning Administrator determines that the use is similar to a permitted use already listed in this development code. Where the similar permitted use is subject to a use standard or special use review, the proposed use shall also be subject to such standard or approval. The Zoning Administrator shall not amend this development code by adding to or eliminating any use standard for the proposed use.

2.

Where a use not listed is found by the Zoning Administrator not to be similar to any other permitted use, the use shall be permitted only following a text amendment. Treatment of a use not specifically listed shall be determined by the Zoning Administrator by applying the following criteria:

a.

The actual or projected characteristics of the proposed activity in relationship to the stated characteristics of each use.

b.

The relative amount of site area or floor space and equipment devoted to the activity.

c.

Relative amounts of sales from each activity.

d.

The customer type for each activity.

e.

The relative number of employees in each activity.

f.

Hours of operation.

g.

Building and site arrangement.

h.

Types of vehicles used and their parking requirements.

i.

The relative number of vehicle trips generated.

j.

Signs.

k.

How the use is advertised.

l.

The likely impact on surrounding properties.

m.

Whether the activity is likely to be found independent of the other activities on the site.

C.

Developments with Multiple Principal Uses

1.

When the principal uses of a development fall within different use categories, each principal use shall be classified or treated as individually and each use shall be subject to all applicable regulations for that use.

2.

A development comprised of separate uses shall be reviewed using the most restrictive process from among the proposed uses.

Example: If a proposed development includes a gas station, library and a restaurant, including outparcels, and one of those uses is only permitted has a special use in the district, then the entire development requires special use review.

3.

Where a use requiring approval as a special use lies on a separate legal parcel, only the building containing the use and its separate parcel shall be subject to review, not the entire project. However, where the separate legal parcel is an outparcel, the application shall describe the relationship of the outparcel to the remaining site.