(1)

The following regulations shall apply to uses in all zoning districts.

(a)

General use regulations. No building, structure or land, or parts thereof, shall hereafter be used or occupied, and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or altered, except in conformity with the regulations of the UDO.

(b)

Permitted uses.

(i)

The following table of permitted and prohibited uses states the permitted principal and accessory uses authorized within each zoning district. Symbols used in the table have the following meanings:

P = Permitted as a principal use;

A = Permitted as an accessory use;

SUP = Permitted subject to obtaining a special use permit—See section 102-B-12-7;

SAP = Permitted subject to obtaining a special administrative permit—See section 102-B-12-8; and

Supplemental provisions—Uses that have additional regulations in article VII of this subchapter, supplemental use standards are so indicated.

(ii)

The zoning administrator is authorized to prepare a written interpretation determining whether a proposed use not specifically listed in this table is so similar in nature to a permitted use that it is also intended to be permitted in the same zoning district(s). Such determination by the zoning administrator may consider factors such as: NAICS definitions of uses, the common usage of two or more terms to describe the same land uses; the similarity in the scale and intensity of the uses; and the similarity in the impacts of comparable uses in terms of traffic, noise, light, parking requirements, customers, hours of operation, impacts on the environment, and impacts on abutting properties.

(iii)

Any use not listed in the table of permitted and prohibited uses as permitted within a district, and not determined by the zoning administrator to be similar in nature to a listed use, is prohibited within that district.

(2)

General accessory use provisions. In addition to those accessory uses listed in the table of permitted and prohibited uses, accessory uses shall be permitted as a subordinate use to the primary use existing on the site. Certain accessory uses shall be subject to the additional standards described in this section. Accessory uses shall be operated in a way that presents no nuisance to the surrounding properties or larger community.

(a)

Accessory uses provided as part of commercial uses shall include those normally appurtenant to such development, as provided for in other sections of the UDO.

(b)

Any accessory use normally appurtenant to a permitted use shall be allowed provided that such use conforms to all performance standards set forth for that district.

(c)

Such structures and uses shall be located on the same lot as the principal building to which they are accessory.

(d)

In all zoning districts, no accessory use shall be permitted in public rights-of-way.

(3)

Specific accessory use provisions. Accessory uses are organized by major use category as presented in section 102-B-6-1, Table of permitted and prohibited uses.

(Ord. No. 23-0605, § 1(Exh. A), 6-5-2023; Ord. No. 25-0505, §§ 9—11, 5-5-2025)