This Chapter establishes permitted, limited, accessory, and prohibited uses, as well as uses that require conditional use permits, according to the various zoning districts. Where such uses are allowed within a zoning district but are not permitted uses, applicable standards are established for the use.

(Added by Res. of December 9, 2024(1))

Within planned development districts, all uses requiring permits shall be set out within the development order approved by the Commission, in a manner consistent with the Comprehensive Plan and this Resolution. Refer to Chapter 19 of this Resolution for Uses and development standards in planned development districts.

(Added by Res. of December 9, 2024(1))

Permitted, limited, conditional, accessory and prohibited uses are established in the Table of Permissible Uses at Section 4B.09. The use of all new or existing structures and properties shall conform with the requirements of the Table of Permissible Uses and with all other applicable requirements of this Resolution. The uses listed in the Table of Permissible Uses are supplemented by, and subject to, other provisions of this Resolution, including, but not limited to, Chapter 23, "Supplementary Regulations," certain provisions of which are designated at the end of the rows containing the Use Categories they are pertinent to.

(Added by Res. of December 9, 2024(1))

(a)

Permitted use. (P). A "P" indicates a use that is permitted upon approval and issuance of a certificate of zoning compliance by the zoning enforcement officer in compliance with Section 27.10 of this Resolution.

(b)

Limited use (L). An "L" indicates a use that is permitted in the same manner as a permitted use provided that the use meets any additional standards established in Chapter 23 or other applicable chapters of this Resolution.

(c)

Conditional use (C). A "C" indicates a use that is permitted only where approved with a conditional use permit by the Commission in accordance with the procedures and requirements in Chapter 27 of this Resolution, including the criteria enumerated in Section 27.11, provided that the use meets any additional standards established in Chapter 23 or other applicable chapters of this Resolution.

(d)

Accessory use (A). An "A" indicates a use that is permitted as an accessory to a principal use in the respective district. An accessory use is incidental and subordinate to a principal use and may be subject to additional standards established in this Resolution.

(e)

Prohibited uses (blank cell). A blank cell in the Table of Permissible Uses indicates that a use is not permitted in the respective district. Uses not listed in the Table of Permissible Uses, or provided for elsewhere in this Resolution, are also not permitted, subject to Sections 4B.06, 4B.07 and 4B.08.

(Added by Res. of December 9, 2024(1))

The "Standards" column on the Table of Permissible Uses contains cross-references to standards in Chapter 23 that are applicable to the limited or accessory use, or the use allowed by conditional use permit, which is listed in that row. Conditional uses are also subject to the criteria provided in Section 27.11, and all uses are subject to general or applicable standards or requirements in other provisions of this Resolution, including, but not limited to, Chapter 4, "General Provisions."

(Added by Res. of December 9, 2024(1))

A use not listed in the Table of Permissible Uses, but possessing similar characteristics, including but not limited to, size, intensity, density, operating hours, demands for public facilities such as water and sewer, traffic and environmental impacts, and business practices as a listed use, may be applied for as such listed use upon approval by the Executive Director. Such uses will be determined based on the Table of Permissible Uses in this chapter and the definitions in Chapter 1. Similar uses shall be subject to all requirements of the uses to which they are similar.

(Added by Res. of December 9, 2024(1))

Whenever two activities or uses occur on the same lot and one use: (i) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, and (ii) is commonly associated with the principal use and integrally related to it, then that use which meets the criteria enumerated in (i) and (ii) may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use, provided that the accessory use is of equal or lesser zoning classification. For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential lot, residential subdivision or multifamily development and would be regarded as accessory to such principal uses. Some accessory uses are additionally designated as limited or conditional uses. Such uses require permits applicable to that use, independently of the related principal use, and must meet the additional standards designated for such accessory use pursuant to the Table of Permissible Uses, Chapter 23 and any other applicable standards or requirements in this Resolution. All accessory uses must meet any applicable standards for such use pursuant to this Resolution regardless of whether a separate use permit is required for such use.

(Added by Res. of December 9, 2024(1))

Temporary uses are permitted as provided in Chapter 23 of this Resolution.

(Added by Res. of December 9, 2024(1))

The Table of Permissible Uses is set out below:

(Added by Res. of December 9, 2024(1))