§ 02.06. District Use Regulations

Each zoning district article includes a schedule of permitted uses indicating uses that are permitted by right, and allowed by special exception. A use that is not listed as permitted or special exception in a district shall not be permitted in that district. Appendix A provides a combined schedule of permitted uses for all districts. A use that is not listed in any zoning district may be permitted upon determination by the enforcement official that the use is clearly similar in nature and compatible with a use that is listed in a particular district. In making this determination, the enforcement official shall consider the following:

(a)

The enforcement official shall consider specific characteristics of the proposed use and compare them to the characteristics of the uses that are listed in the zoning ordinance. Characteristics considered shall include, but are not limited to, traffic generation, types of services offered, types of goods produced, methods of operation, noise, hours of operation and building characteristics.

(b)

If the enforcement official determines that the proposed use is consistent and compatible with a permitted use, the use shall be permitted under that use category. If the enforcement official determines that the proposed use is consistent and compatible with a special exception use, the use shall be allowed with special exception approval. The use shall be subject to all requirements of the similar use.

(c)

A proposed use shall not be permitted in a district where the use is specifically listed in any other district, as shown in Appendix A, or where the enforcement official determines that the use is more similar in nature and compatible with uses listed in another district.

(d)

The use determination of the enforcement official may be appealed to the board of zoning appeals for an interpretation of the use provisions of the zoning ordinance.