Richlands City Zoning Code

PERMISSIBLE USES

§ 153.080 TABLE OF PERMISSIBLE USES.

(A) There is hereby established a table of permissible uses, as hereinafter set forth.

(B) This table should be read in close conjunction with the definitions of terms set forth in § 153.013 and the other interpretive provisions set out in this subchapter.

Table of Permitted Uses

District

Residential

Commercial

Industrial

Use

A-5

R-2 0

R-1 5

R-10

RM- 10

R-8

RM -8

R-6

RM- 6

C-1

C-2

C-3

C-4

C-5

I-1

I-2

Accessory structures

Accessory uses (see § 153.084)

Adult establishment

Agriculture-vege tative

Agriculture-lives tock

Alcohol beverage packaged, retail sales

Amusement, commercial outdoor

Amusement, commercial indoor

Advertising agency

Ambulance service/ rescue squad (EMS)

Amusement park

Animal hospital/ veterinarian clinic

Antique shops

Apparel and footwear (sales)

Appliances (sales)

Appliances (service and repair)

Aquarium

Architect companies

Art galleries

Art supplies

Arts and graphics services

Asphalt products manufacturing

Auction house

Auto, truck and motorcycle sales

Auto-detailing

Automatic teller machine

Automobile salvage yard

Automobiles manufacturing

Automotive supplies

Bait and tackle sales

Bakeries

Banks and finance companies

Barber and beauty shops

Baseball hitting ranges

Bed and breakfast

Bedding and carpet manufacturing

Bicycle sales and service

Big box development

Billiard or pool halls

Blacksmith operations

Blueprints and drafting supplies

Boat (repairs, sales and service)

Bicycle repair shops

Boat works manufacturing

Bona fide farms (10 acres or more)

Book and stationary stores

Bottling plants

Bowling alley

Brick, tile and pottery yards (sales/service)

Building cleaning and maintenance services

Building materials (sales)

Building over 50 feet in height

Bus garages

Bus terminal

Business offices

Cabinet shops

Camera and photography supplies

Campgrounds and RV parks

Campsites

Candy store

Canvas goods manufacturing

Car wash

Cardboard containers manufacturing

Cemetery, private

Cemetery, public

Chemical manufacturing

Chicken houses

Church (see “religious institutions”)

Clothing and textiles production

Club and/or lodge

Coin-operated laundry

College/university/

technical college

Community centers, private

Community centers, public

Computer and data processing services

Concrete products production

Contractor’s office

Convenience store

Correctional facilities

Cottage development

Country clubs (golf course/private)

Country clubs (golf course/public)

Crematorium

Dairy, meat and seafood market

Dance schools

Day care center

Day care home (small)

Day care (large)

Delicatessen

Department stores

Detective agency

Discount stores

Dragstrip and race tracks

Drinking establishments (bars/lounge/pub )

Drug stores

Dry cleaners

Dry cleaning plants

Dwelling (see “residence”)

Electrical appliances and equipment manufacturing

Electrical equipment sales

Electronic and electrical repair

Electronic gaming establishment

Employment agency

Engineering company

Equipment rental

Exterminators

Fabric stores

Family care home

Farm machinery manufacturing

Farm supplies

Farm/heavy equipment sales and rental

Fertilizers manufacturing and storage

Fiberglass manufacturing and storage

Firing range, indoor

Firing range, outdoor

Fishing lakes/ impoundments

Fitness centers

Flea markets (indoor)

Flea markets (outdoor)

Floor covering stores (sales and installations)

Florists

Flour and feed mills

Food and food products manufacturing

Food catering

Food store (under 10,000 sq. ft.)

Forestry service (public)

Funeral home w/o crematorium

Furniture manufacturing

Furniture and home furnishings store

Furniture refinishing and repair

Gas or service station

Gift shops

Glass and mirror shops (sales and service)

Glass products manufacturing

Go cart track

Golf course, public/private

Golf driving ranges

Governmental maintenance facility

Grading business

Greenhouse and/or nurseries (commercial)

Greenhouse (private)

Greenways

Guest house (private)

Guest house (rental)

Gun and ammunition sales

Gunsmith (repair shop)

Hardware stores

Hatcheries

Health clubs

Health practitioner’s office

Heating and refrigeration sales and service

Heavy equipment manufacturing

Hobby, toy and craft stores

Home occupation

Hookah, tobacco, vape and similar establishments

Horse show/riding facility

Hosiery mills

Hospital (human)

Hotels/motels

Hunting preserves/hunt clubs

Ice manufacturing

Industrial supplies and equipment sales

Insurance agency

Interior designers

Jewelry stores

Judicial and law enforcement services

Junkyards and auto salvage yards

Kennel and animal shelters

Knitting mills

Landfills, construction, demolition

Landfills, L.C.I.D. site

Landfills, sanitary

Landscapers

Lawn and garden care (service)

Lawn and garden supplies

Lawnmower repair

Leather products manufacturing

Legal services

Libraries

Licensed massage/ bodywork therapists

Linen and uniform supply services

Liquor store (ABC store)

Livestock petting zoo

Livestock sales

Locksmith

Log home manufacturing

Luggage manufacturing

Lumber and building materials (sales)

Machine and welding shops

Machine tools manufacturing

Mail order office

Management consultants

Manufactured home/ recreational vehicle sales

Manufactured home parks (see § 153.113)

Manufacturer’s showrooms

Meatpacking and poultry processing plants

Medical/dental clinics

Medical/dental laboratories

Metal fabrication plants

Metal fabrication shop

Miniature golf

Mining under 1 acre

Mining and quarrying

Mini-warehouse

Monument works/sales

Motor vehicle body and paint shop

Motor vehicle repair shop/service/tow ing

Motorcross track

Movie theaters (indoor)

Museums

Music stores

News syndicates (publisher)

Newsstands

Novelty and souvenir stores

Nursing, convalescent, assisted living facility

Oil and gasoline bulk storage

Open storage facility

Optician and optical supply store

Outdoor advertising signs (off-premise)

Paint and wallpaper stores

Paints, varnishes, finishes manufacturing

Parking lot (commercial)

Paving and grading operation

Paper goods manufacturing

Par 3 golf course

Parks and playgrounds (public)

Pawn shop

Pet shop

Pharmaceuticals manufacturing

Photocopying services

Photofinishing laboratories

Photography services and studios

Pillow manufacturing

Plastic products manufacturing

Plumbing and heating supplies

Post office

Precision instruments manufacturing

Private recreation clubs (non-adult)

Processing plants

Produce sales

Public relations services

Public utility facility (substation)

Publishing and printing

Radio and television repair

Radio and television studios

Real estate office and services

Recycling collection center

Recycling facility

Recycling plant

Refineries

Rehabilitation facility

Religious institutions (See § 153.106)

Rental of vehicles

Research activities

Residence, duplex

Residence, dwellings located over a business

Residence, manufactured home (Class A)

Residence, manufactured home (Class B)

Residence, multi-family

Residence, multi-family condominium

Residence, multi-family townhouses

Residence, single-family detached

Residential development sales (office on-site)

Restaurant (walk-in, fast-food) (with drive through)

Restaurant (walk-in) (without drive through)

Roadside stand

Rodeo

Saddleries (repairs, sales and service)

Sanitarium and mental institutions

Sawmills

School facilities, permanent (public or private)

School facilities, mobile (public or private)

Seamstress shop

Secondhand store/swap shops/thrift shops

Septic services

Sheet metal shops

Sheriff Department and jail facility

Shoe repair and shining

Shoe stores

Sign painting

Skating rinks

Slaughterhouse

Small motor repair

Sporting goods

Springs manufacturing

Stable (private)

See Sec tion 9-2-159

Stable (public)

See Sec tion 9-2-159

Swimming pool

Swine farm (see “agricultural-live stock”)

Supermarkets (over 10,000 sq. ft.)

Surveying company

Tattoo parlors

Taxi dispatch stand

Taxi dispatch stand and garage

Tailoring and dressmaking shops

Telephone call centers

Tire recapping shops

Tobacco products manufacturing

Tree service

Truck, farm equipment, heavy equipment (sales and service)

Truck/freight terminal (6 or fewer trucks)

Truck/freight terminal (more than 6 trucks)

Turkey houses (see “agricultural-live stock”)

Upholstering shops

Utility company operation center

Vacuum cleaner repair

Variety stores

Vending companies

Volunteer Fire Department

Warehousing

Watch, clock, jewelry repair

Wholesale distribution

Wholesale store

Winery

Wireless communication towers

Woodworking shops

(Ord. passed 4-9-2013; Ord. 2013-02, passed 10-8-2013; Ord. 2018-02, passed 2-13-2018; Ord. 2021-05, passed 8-11-2020; Ord. 2021-03, passed 6-8-2021; Ord. 2022-07, passed 11-8-2022)

§ 153.081 USE OF THE DESIGNATIONS P, S, C IN TABLE OF PERMISSIBLE USES.

(A) Subject to § 153.082, when used in connection with a particular use in the table of permissible uses, the letter "P" means that the use is permissible in the indicated zone with a zoning permit issued by the Zoning Administrator. The letter "S" means a special use permit must be obtained from the Board of Aldermen.

(B) Subject to § 153.082, the use of the designation "P, S" means that a zoning permit must be obtained if the development is located on a lot of two acres or less, while a special use permit must be obtained for developments in excess of two acres.

(C) When used in connection with multi-family residences the designation "P, S" means that such developments of less than five dwelling units must be pursuant to a zoning permit and developments of five or more dwelling units need a special use permit.

(D) Subject to § 153.082, use of the designation "P, S" means that a zoning permit must be obtained if the development is located on a lot of:

(1) Two acres or less in the C-1, C-2, C-3, C-4, C-5 or C-5A Zones; or

(2) Two acres or less in all other zones, while a special use permit must be obtained for all developments on lots in excess of these limits.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.082 BOARD OF ADJUSTMENT JURISDICTION OVER USES OTHERWISE PERMISSIBLE WITH A ZONING PERMIT.

(A) Notwithstanding any other provision of this subchapter, whenever the table of permissible uses (interpreted in the light of § 153.081 and the other provisions of this subchapter) provides that a use in a non-residential zone is permissible with a zoning permit, a special use permit shall nevertheless be required if the Zoning Administrator finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the Zoning Administrator shall consider, among other factors:

(1) Whether the use is proposed for an undeveloped or previously developed lot;

(2) Whether the proposed use constitutes a change from one principal use classification to another;

(3) Whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties; and

(4) Whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question.

(B) Said determination by the Zoning Administrator shall be rendered in writing and shall include findings based on the above-mentioned factors.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021; Am. Ord. 2024-01, passed 2-20-2024)

§ 153.083 PERMISSIBLE USES AND SPECIFIC EXCLUSIONS.

(A) (1) The presumption established by this chapter is that all legitimate uses of land are permissible within at least one zoning district in the town's planning jurisdiction.

(2) Therefore, because the list of permissible uses set forth in the table of permissible uses cannot be all-inclusive, those uses that are listed may be interpreted broadly to include other uses that have similar impacts to the listed uses in terms of traffic volume generation, emphasis on vehicular or walk-in trade, number of employees and nature of business operations.

(B) (1) All uses that are not listed in the table of permissible uses and that do not have impacts that are similar to those of the listed uses are prohibited.

(2) Nor shall the table of permissible uses be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.

(C) Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:

(1) Stockyards, slaughterhouses, rendering plants;

(2) Use of a travel trailer or recreational vehicle as a residence, temporary or permanent; and

(3) The use of any motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any service is performed, or other business is conducted (as defined in Ch. 114 of this code of ordinances); except that the following shall not be prohibited solely by this division (C)(3):

(a) Retail sales of food products and goods manufactured, created or produced by the seller; and

(b) Sale of food products on property by persons authorized by or acting on behalf of the town.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.084 ACCESSORY USES.

(A) (1) The Table of Permissible Uses (§ 153.080) classifies different principal uses according to their different impacts. Whenever two activities or uses occur on the same lot and one use constitutes only an incidental or insubstantial part of the total activity that takes place on a lot; or is commonly associated with the principal use and integrally related to it, then that use which meets the criteria enumerated in divisions (B)(1) and (B)(2) below 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.

(2) For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multi-family development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a special use permit.

(B) For purposes of interpreting division (A) above:

(1) A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use; and

(2) To be "commonly associated" with a principal use means that the association of the accessory use with such principal use takes place with sufficient frequency to establish a common acceptance of their relatedness.

(C) Without limiting the generality of divisions (A) and (B) above, the following activities are specifically regarded as accessory to residential principal uses so long as they satisfy the general criteria set forth above:

(1) Hobbies or recreational activities of a non-commercial nature; except that, the repair of automobiles owned by persons who do not reside on the premises, is prohibited;

(2) The renting out of one room within a single-family residence (which one room does not in itself constitute a separate dwelling unit) to not more than one person who is not part of the family that resides in the single-family dwelling; and

(3) Yard sales or garage sales, so long as such sales are not conducted on the same lot for more than three days (whether consecutive or not) during any 90-day period.

(D) Without limiting the generality of divisions (A) and (B) above, the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts:

(1) Parking outside a substantially enclosed structure of more than four motor vehicles between the front building line of the principal building and the street on any lot used for purposes that fall within the principal use of a residence (single- or multi-family); and

(2) Parking and storage outside a substantially enclosed structure of any motor home boat or other recreational vehicle between the front building line of the principal building and the street on which the lot fronts. The prohibited vehicles include trailers and commercial vehicles. As used herein, the term "commercial vehicles" does not include pick-up trucks.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.085 PERMISSIBLE USES NOT REQUIRING PERMITS.

Notwithstanding any other provisions of this chapter, no zoning or special use permit is necessary for the following uses (except when located in overlay districts where certain design guidelines must be met):

(A) Streets and street signs;

(B) Electric power, telephone, telegraph, cable television, gas, water and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way; and

(C) Neighborhood utility facilities may be located within public right-of-way with the permission of the owner (state or town) of the right-of-way.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.086 CHANGE IN USE.

(A) (1) A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes.

(2) This occurs whenever:

(a) The change involves a change from one principal use category to another;

(b) If the original use is a combination use (§ 153.088) or planned unit development (§ 153.089), the relative proportion of space devoted to the individual principal uses that comprise the combination use or planned unit development use changes to such an extent that the parking requirements for the overall use are altered;

(c) If the original use is a combination use or planned unit development use, the mixture of types of individual principal uses that comprise the combination use or planned unit development use changes; and

(d) If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal use or a combination use), that business or enterprise moves out, and a different type of enterprise moves in, and is found under the same principal use or combination use category as the previous type of business. For example, if there is only one building on a lot and a florist shop that is the sole tenant of the building moves out and is replaced by a clothing store that constitutes a change in use even though both tenants fall within the scope of general retail. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center - combination use) has not changed.

(B) A mere change in the status of property from unoccupied to occupied or vice versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than 180 continuous days or there has been no affirmative attempt or expressed intention on the part of the property owner to rent, sell or use the property.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.087 COMBINATION USES.

(A) When a combination use comprises two or more principal uses that require different types of permits (zoning or special use), then the permit authorizing the combination use shall be:

(1) A special use permit if any of the principal uses combined requires a special use permit; and

(2) A zoning permit in all other cases.

(B) Subject to division (C) below, when a combination use consists of a residential subdivision and a multi-family development, the total density permissible on the lot shall be determined by having the developer indicate on the plans the portion of the total lot that will be developed for each purpose and calculating the density for each portion as if it were a separate lot.

(a) A combination use consists of a standard residential subdivision and a multi-family development; and

(b) The subdivided portion of the tract contains lots that exceed the minimum lot size requirements set forth in § 153.136, but that do not exceed an average of 20,000 square feet, then the density of the portion of the tract developed for multi-family purposes may be increased beyond the permissible density calculated in accordance with division (B) below.

(2) The increase in density shall be determined as follows:

(a) The minimum lot size requirement for the applicable zoning district shall be subtracted from each lot that exceeds the minimum lot size, and the remainders totaled.

(b) The sum derived from the calculation in division (C)(1)(a) above shall be divided by the minimum lot size requirement. Fractions shall be rounded to the nearest whole number.

(c) The product of the calculation in division (C)(1)(b) above shall yield the number of additional multi-family dwelling units that may be located within the portion of the tract developed for multi-family purposes.

(D) When a residential use is combined with a non-residential use in a commercial district, the lot used for the residential use must have at least the minimum square footage required for the residential use alone.

(E) When two principal uses are combined, the total amount of parking required for the combination use shall be determined by calculating the amount of parking required for each individual principal use according to the relative amount of space occupied by that use.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.088 PLANNED UNIT DEVELOPMENTS.

(A) In a planned unit development, the developer may make use of the land for any purpose authorized in the particular PUD in which the land is located, subject to the provisions of this chapter. Section 153.054 describes the various types of PUDs.

(B) Within any tract in a residential zoning district developed as a residential/commercial PUD, not more than 10% of the total tract area may be developed for purposes that are permissible only in a commercial zoning district. Likewise, within any tract in a commercial zoning district developed as a commercial/industrial PUD, not more than 10% of the total tract area may be developed for purposes that are permissible in an I-1 Zoning District.

(C) The plans for the proposed planned unit development shall indicate the particular portions of the tract that the developer intends to develop for purposes permissible in a residential district (as applicable), purposes permissible in a commercial district (as applicable), and purposes permissible only in an industrial district (as applicable). For purposes of determining the substantive regulations that apply to the planned unit development, each portion of the tract so designated shall then be treated as if it were a separate district, zoned to permit, respectively, residential, commercial or industrial uses. However, only one permit (a planned unit development permit) shall be issued for the entire development. Said permit may be issued by the Zoning Administrator following subdivision general plan approval.

(D) The non-residential portions of any planned unit development may not be occupied until all of the residential portions of the development are completed or their completion is assured by any of the mechanisms provided in §§ 153.340 through 153.363 to guarantee completion. The purpose and intent of this provision is to ensure that the planned unit development procedure is not used, intentionally or unintentionally, to create non-residential uses in areas generally zoned for residential uses except as part of an integrated and well-planned, primarily residential, development.

(E) The submission and approval of any PUD as defined and authorized in § 153.054 shall follow the same submission procedures as a major subdivision as regulated in the subdivision regulations of the town. The adoption of any PUD defined and authorized by § 153.054 is considered an amendment to this chapter and shall follow the requirements set forth in §§ 153.435 through 153.441.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.089 MORE SPECIFIC USE CONTROLS.

Whenever a development could fall within more than one use classification in the Table of Permissible Uses (§ 153.080), the classification that most closely and most specifically describes the development controls. For example, a small doctor's office or clinic clearly falls within the 3.110 classification (office and service operations conducted entirely indoors and designed to attract customers or clients to the premises). However, classification 3.130 (physicians and dentist offices and clinics occupying not more than 10,000 square feet of gross floor area) more specifically covers this use and therefore is controlling.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.090 GENERAL PROVISIONS FOR RESIDENTIAL DISTRICTS.

(A) Encroachments permitted into required yard setbacks.

(1) Interior lots. Carports, porches, decks, canopies, stairways, completely open (except for reasonable supports) may encroach into required side and rear yards by 50%.

(2) Corner lots. Carports, porches, decks, canopies, stairways, completely open (except for reasonable supports) may encroach by 75% into any yard other than the right-of-way yard setback.

(3) Handicap ramps. Handicap ramps may encroach into the required front, side and/or rear setbacks by 50%. Where no other practical alternative is available, encroachments greater than 50% may be allowed by the Zoning Administrator when an existing development has insufficient land available, an unsafe condition would be created or other extenuating circumstances exist. Whenever flexibility is granted, the reasons for granting the flexibility shall be documented. In addition, the owner of the property shall provide a written statement agreeing to remove the ramp once the person with disabilities no longer needs the ramp.

(4) Definition. In defining carports, three sides must be left open; decorative walls, planters, shrubbery or other obstructions are permitted as part of the carport or adjacent to the carport as long as it does not exceed three feet in height and a minimum of 50% of the area is unobstructed.

(B) Recreational vehicles. Recreational vehicles may be stored on any lot in any residential zoning district; provided, they are not stored in the required setback for front yards. Recreational vehicles, while being stored in this area, cannot be used for sleeping, utility, office, material storage and the like.

(C) Impeding vision. On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of three and ten feet above the centerline grades of the intersection streets; and in the area bounded by the centerlines of intersecting streets and a line joining points along said centerlines 80 feet from the point of the intersection.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.091 OUTDOOR SWIMMING POOLS.

(A) In the interest of public safety and particularly the safety of children, all outdoor swimming pools in the town having a depth of water of 18 inches or greater at its deepest point shall be completely surrounded by a fence or wall not less than four feet in height. Such wall shall be so constructed as not to have any openings larger than six inches in height, except where width is five inches or less, the height may extend full height of fence or wall. If a picket fence is erected, the width between pickets shall not exceed five inches. A fence or wall may be made of any material, wood, metal, wire, masonry, concrete, tile and plastic material, or any combination of these or other suitable materials if the openings in the fences do not exceed the maximum width described above. A dwelling house or accessory building may be used as part of such enclosure. All gates or doors opening through such fence or wall shall have self-closing and self-latching devices for keeping the gate or door closed at all times when not in actual use; except that, the door of dwelling which furnished part of the enclosure need not be so equipped.

(B) The Zoning Administrator may make modifications with respect to the height, nature or location of the fence, wall, gates or latches, in individual cases, upon a showing of good cause provided the protection as sought hereunder is not reduced thereby. The Zoning Administrator may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the wall, fence, gate and latch described herein.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.092 EXCEPTIONS TO HEIGHT REGULATIONS.

The height limitations contained in the dimensional requirements by districts do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

Richlands City Zoning Code

PERMISSIBLE USES

§ 153.080 TABLE OF PERMISSIBLE USES.

(A) There is hereby established a table of permissible uses, as hereinafter set forth.

(B) This table should be read in close conjunction with the definitions of terms set forth in § 153.013 and the other interpretive provisions set out in this subchapter.

Table of Permitted Uses

District

Residential

Commercial

Industrial

Use

A-5

R-2 0

R-1 5

R-10

RM- 10

R-8

RM -8

R-6

RM- 6

C-1

C-2

C-3

C-4

C-5

I-1

I-2

Accessory structures

Accessory uses (see § 153.084)

Adult establishment

Agriculture-vege tative

Agriculture-lives tock

Alcohol beverage packaged, retail sales

Amusement, commercial outdoor

Amusement, commercial indoor

Advertising agency

Ambulance service/ rescue squad (EMS)

Amusement park

Animal hospital/ veterinarian clinic

Antique shops

Apparel and footwear (sales)

Appliances (sales)

Appliances (service and repair)

Aquarium

Architect companies

Art galleries

Art supplies

Arts and graphics services

Asphalt products manufacturing

Auction house

Auto, truck and motorcycle sales

Auto-detailing

Automatic teller machine

Automobile salvage yard

Automobiles manufacturing

Automotive supplies

Bait and tackle sales

Bakeries

Banks and finance companies

Barber and beauty shops

Baseball hitting ranges

Bed and breakfast

Bedding and carpet manufacturing

Bicycle sales and service

Big box development

Billiard or pool halls

Blacksmith operations

Blueprints and drafting supplies

Boat (repairs, sales and service)

Bicycle repair shops

Boat works manufacturing

Bona fide farms (10 acres or more)

Book and stationary stores

Bottling plants

Bowling alley

Brick, tile and pottery yards (sales/service)

Building cleaning and maintenance services

Building materials (sales)

Building over 50 feet in height

Bus garages

Bus terminal

Business offices

Cabinet shops

Camera and photography supplies

Campgrounds and RV parks

Campsites

Candy store

Canvas goods manufacturing

Car wash

Cardboard containers manufacturing

Cemetery, private

Cemetery, public

Chemical manufacturing

Chicken houses

Church (see “religious institutions”)

Clothing and textiles production

Club and/or lodge

Coin-operated laundry

College/university/

technical college

Community centers, private

Community centers, public

Computer and data processing services

Concrete products production

Contractor’s office

Convenience store

Correctional facilities

Cottage development

Country clubs (golf course/private)

Country clubs (golf course/public)

Crematorium

Dairy, meat and seafood market

Dance schools

Day care center

Day care home (small)

Day care (large)

Delicatessen

Department stores

Detective agency

Discount stores

Dragstrip and race tracks

Drinking establishments (bars/lounge/pub )

Drug stores

Dry cleaners

Dry cleaning plants

Dwelling (see “residence”)

Electrical appliances and equipment manufacturing

Electrical equipment sales

Electronic and electrical repair

Electronic gaming establishment

Employment agency

Engineering company

Equipment rental

Exterminators

Fabric stores

Family care home

Farm machinery manufacturing

Farm supplies

Farm/heavy equipment sales and rental

Fertilizers manufacturing and storage

Fiberglass manufacturing and storage

Firing range, indoor

Firing range, outdoor

Fishing lakes/ impoundments

Fitness centers

Flea markets (indoor)

Flea markets (outdoor)

Floor covering stores (sales and installations)

Florists

Flour and feed mills

Food and food products manufacturing

Food catering

Food store (under 10,000 sq. ft.)

Forestry service (public)

Funeral home w/o crematorium

Furniture manufacturing

Furniture and home furnishings store

Furniture refinishing and repair

Gas or service station

Gift shops

Glass and mirror shops (sales and service)

Glass products manufacturing

Go cart track

Golf course, public/private

Golf driving ranges

Governmental maintenance facility

Grading business

Greenhouse and/or nurseries (commercial)

Greenhouse (private)

Greenways

Guest house (private)

Guest house (rental)

Gun and ammunition sales

Gunsmith (repair shop)

Hardware stores

Hatcheries

Health clubs

Health practitioner’s office

Heating and refrigeration sales and service

Heavy equipment manufacturing

Hobby, toy and craft stores

Home occupation

Hookah, tobacco, vape and similar establishments

Horse show/riding facility

Hosiery mills

Hospital (human)

Hotels/motels

Hunting preserves/hunt clubs

Ice manufacturing

Industrial supplies and equipment sales

Insurance agency

Interior designers

Jewelry stores

Judicial and law enforcement services

Junkyards and auto salvage yards

Kennel and animal shelters

Knitting mills

Landfills, construction, demolition

Landfills, L.C.I.D. site

Landfills, sanitary

Landscapers

Lawn and garden care (service)

Lawn and garden supplies

Lawnmower repair

Leather products manufacturing

Legal services

Libraries

Licensed massage/ bodywork therapists

Linen and uniform supply services

Liquor store (ABC store)

Livestock petting zoo

Livestock sales

Locksmith

Log home manufacturing

Luggage manufacturing

Lumber and building materials (sales)

Machine and welding shops

Machine tools manufacturing

Mail order office

Management consultants

Manufactured home/ recreational vehicle sales

Manufactured home parks (see § 153.113)

Manufacturer’s showrooms

Meatpacking and poultry processing plants

Medical/dental clinics

Medical/dental laboratories

Metal fabrication plants

Metal fabrication shop

Miniature golf

Mining under 1 acre

Mining and quarrying

Mini-warehouse

Monument works/sales

Motor vehicle body and paint shop

Motor vehicle repair shop/service/tow ing

Motorcross track

Movie theaters (indoor)

Museums

Music stores

News syndicates (publisher)

Newsstands

Novelty and souvenir stores

Nursing, convalescent, assisted living facility

Oil and gasoline bulk storage

Open storage facility

Optician and optical supply store

Outdoor advertising signs (off-premise)

Paint and wallpaper stores

Paints, varnishes, finishes manufacturing

Parking lot (commercial)

Paving and grading operation

Paper goods manufacturing

Par 3 golf course

Parks and playgrounds (public)

Pawn shop

Pet shop

Pharmaceuticals manufacturing

Photocopying services

Photofinishing laboratories

Photography services and studios

Pillow manufacturing

Plastic products manufacturing

Plumbing and heating supplies

Post office

Precision instruments manufacturing

Private recreation clubs (non-adult)

Processing plants

Produce sales

Public relations services

Public utility facility (substation)

Publishing and printing

Radio and television repair

Radio and television studios

Real estate office and services

Recycling collection center

Recycling facility

Recycling plant

Refineries

Rehabilitation facility

Religious institutions (See § 153.106)

Rental of vehicles

Research activities

Residence, duplex

Residence, dwellings located over a business

Residence, manufactured home (Class A)

Residence, manufactured home (Class B)

Residence, multi-family

Residence, multi-family condominium

Residence, multi-family townhouses

Residence, single-family detached

Residential development sales (office on-site)

Restaurant (walk-in, fast-food) (with drive through)

Restaurant (walk-in) (without drive through)

Roadside stand

Rodeo

Saddleries (repairs, sales and service)

Sanitarium and mental institutions

Sawmills

School facilities, permanent (public or private)

School facilities, mobile (public or private)

Seamstress shop

Secondhand store/swap shops/thrift shops

Septic services

Sheet metal shops

Sheriff Department and jail facility

Shoe repair and shining

Shoe stores

Sign painting

Skating rinks

Slaughterhouse

Small motor repair

Sporting goods

Springs manufacturing

Stable (private)

See Sec tion 9-2-159

Stable (public)

See Sec tion 9-2-159

Swimming pool

Swine farm (see “agricultural-live stock”)

Supermarkets (over 10,000 sq. ft.)

Surveying company

Tattoo parlors

Taxi dispatch stand

Taxi dispatch stand and garage

Tailoring and dressmaking shops

Telephone call centers

Tire recapping shops

Tobacco products manufacturing

Tree service

Truck, farm equipment, heavy equipment (sales and service)

Truck/freight terminal (6 or fewer trucks)

Truck/freight terminal (more than 6 trucks)

Turkey houses (see “agricultural-live stock”)

Upholstering shops

Utility company operation center

Vacuum cleaner repair

Variety stores

Vending companies

Volunteer Fire Department

Warehousing

Watch, clock, jewelry repair

Wholesale distribution

Wholesale store

Winery

Wireless communication towers

Woodworking shops

(Ord. passed 4-9-2013; Ord. 2013-02, passed 10-8-2013; Ord. 2018-02, passed 2-13-2018; Ord. 2021-05, passed 8-11-2020; Ord. 2021-03, passed 6-8-2021; Ord. 2022-07, passed 11-8-2022)

§ 153.081 USE OF THE DESIGNATIONS P, S, C IN TABLE OF PERMISSIBLE USES.

(D) Subject to § 153.082, use of the designation "P, S" means that a zoning permit must be obtained if the development is located on a lot of:

(1) Two acres or less in the C-1, C-2, C-3, C-4, C-5 or C-5A Zones; or

(2) Two acres or less in all other zones, while a special use permit must be obtained for all developments on lots in excess of these limits.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.082 BOARD OF ADJUSTMENT JURISDICTION OVER USES OTHERWISE PERMISSIBLE WITH A ZONING PERMIT.

(1) Whether the use is proposed for an undeveloped or previously developed lot;

(2) Whether the proposed use constitutes a change from one principal use classification to another;

(3) Whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties; and

(4) Whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question.

(B) Said determination by the Zoning Administrator shall be rendered in writing and shall include findings based on the above-mentioned factors.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021; Am. Ord. 2024-01, passed 2-20-2024)

§ 153.083 PERMISSIBLE USES AND SPECIFIC EXCLUSIONS.

(A) (1) The presumption established by this chapter is that all legitimate uses of land are permissible within at least one zoning district in the town's planning jurisdiction.

(B) (1) All uses that are not listed in the table of permissible uses and that do not have impacts that are similar to those of the listed uses are prohibited.

(C) Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:

(1) Stockyards, slaughterhouses, rendering plants;

(2) Use of a travel trailer or recreational vehicle as a residence, temporary or permanent; and

(a) Retail sales of food products and goods manufactured, created or produced by the seller; and

(b) Sale of food products on property by persons authorized by or acting on behalf of the town.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.084 ACCESSORY USES.

(B) For purposes of interpreting division (A) above:

(1) A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use; and

(1) Hobbies or recreational activities of a non-commercial nature; except that, the repair of automobiles owned by persons who do not reside on the premises, is prohibited;

(3) Yard sales or garage sales, so long as such sales are not conducted on the same lot for more than three days (whether consecutive or not) during any 90-day period.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.085 PERMISSIBLE USES NOT REQUIRING PERMITS.

(A) Streets and street signs;

(B) Electric power, telephone, telegraph, cable television, gas, water and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way; and

(C) Neighborhood utility facilities may be located within public right-of-way with the permission of the owner (state or town) of the right-of-way.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.086 CHANGE IN USE.

(A) (1) A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes.

(2) This occurs whenever:

(a) The change involves a change from one principal use category to another;

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.087 COMBINATION USES.

(A) When a combination use comprises two or more principal uses that require different types of permits (zoning or special use), then the permit authorizing the combination use shall be:

(1) A special use permit if any of the principal uses combined requires a special use permit; and

(2) A zoning permit in all other cases.

(a) A combination use consists of a standard residential subdivision and a multi-family development; and

(2) The increase in density shall be determined as follows:

(a) The minimum lot size requirement for the applicable zoning district shall be subtracted from each lot that exceeds the minimum lot size, and the remainders totaled.

(b) The sum derived from the calculation in division (C)(1)(a) above shall be divided by the minimum lot size requirement. Fractions shall be rounded to the nearest whole number.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.088 PLANNED UNIT DEVELOPMENTS.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.089 MORE SPECIFIC USE CONTROLS.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.090 GENERAL PROVISIONS FOR RESIDENTIAL DISTRICTS.

(A) Encroachments permitted into required yard setbacks.

(1) Interior lots. Carports, porches, decks, canopies, stairways, completely open (except for reasonable supports) may encroach into required side and rear yards by 50%.

(2) Corner lots. Carports, porches, decks, canopies, stairways, completely open (except for reasonable supports) may encroach by 75% into any yard other than the right-of-way yard setback.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.091 OUTDOOR SWIMMING POOLS.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.092 EXCEPTIONS TO HEIGHT REGULATIONS.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)