Allowable Uses for each District
Permitted Use – A use listed in the zoning ordinance that is allowed ‘by right’ at all locations in a zoning district.
Conditional Use – A use listed in the zoning ordinance that may be allowed if found to be compatible with neighboring uses, limitations of the site, and the purposes of the ordinance. Conditions may also be attached upon approval.
Unlisted or Prohibited Use – A use that is not allowed in a district because it is not expressly listed or is specifically prohibited by the zoning ordinance.
Generally, two categories of allowable uses are listed for each zoning district: permitted uses and conditional uses. Permitted uses are allowed as a matter of right in all locations in a zoning district and may be authorized by the zoning administrator or building inspector with a simple permit. Authorization is non-discretionary provided the project complies with general standards for the zoning district, any overlay district or design standards, and related building or construction codes. Conditional uses are listed in the zoning ordinance for each district but are subject to an additional layer of scrutiny. Conditional uses are authorized on a discretionary basis, meaning they are only authorized if found to be compatible with neighboring land uses, if they can be tailored to meet the limitations of the site, and if they do not violate the objectives of the zoning ordinance. Conditions may be attached to the approval of a conditional use permit. Uses that are not listed in the zoning ordinance for a particular district or that are expressly prohibited are not allowed in the district, except on rare occasions by use variances.
Relief from Strict Adherence to the Zoning Code
Recognizing the fact that zoning ordinances cannot be written to address every circumstance, zoning ordinances must specify procedures for seeking relief from strict adherence to the zoning code. A zoning variance authorizes a landowner to establish or maintain a use that is prohibited in the zoning ordinance. Requests for variances are not always granted. An administrative appeal is a process used to resolve disputes regarding ordinance interpretation or the reasonableness of a zoning decision. If applicants or neighboring landowners are unhappy with the decision of a zoning administrator, they may appeal that decision to the zoning board of adjustment or appeals.
Test Your Knowledge
A zoning ordinance consists of two legally adopted parts. What are they?
- Map – illustrates the boundaries of zoning districts.
- Text – describes the purpose of each zoning district, uses allowed in the district, dimensional or construction standards, and administrative and enforcement procedures.
What is the relationship between zoning and the community’s comprehensive plan?
