§ 38-74. Permitted uses, special exceptions and prohibited uses.

(a)

Use of buildings, structures, lands and premises. Except as may be provided otherwise, buildings, structures, lands and premises shall be used only in accordance with the uses and conditions contained in the "Use Table" set forth in section 38-77, the "Special Exception Criteria" set forth in section 38-78, and the "Conditions for Permitted Uses and Special Exceptions" set forth in section 38-79, subject to compliance with all other applicable laws, ordinances and regulations.

(b)

Use table.

(1)

The permitted uses and special exceptions allowed in the zoning districts identified in the use table set forth in section 38-77 are respectively indicated by the letters "P" and "S" in the cells of the use table. No primary use shall be permitted in a district unless the letter "P" or the letter "S" appears for that use in the appropriate cell.

(2)

When a use is a permitted use in a particular zoning district, it is permitted in that district subject to:

a.

Compliance with all applicable requirements of chapter 38 and elsewhere in the Orange County Code; and

b.

Compliance with all requirements specified in the conditions for permitted uses and special exceptions" set forth in section 38-79 which correlate with the number which may appear within the cell of the use table for that permitted use.

c.

A use variance from section 38-77 (Use table) and section 38-79 (Conditions for permitted uses and special exceptions) shall be prohibited.

(3)

When a use is permitted as a special exception in a particular zoning district, it is permitted in that zoning district subject to:

a.

Obtaining the special exception;

b.

Compliance with all applicable requirements of chapter 38 and elsewhere in the Orange County Code; and

c.

Compliance with all requirements specified in the special exception criteria set forth in section 38-78 and the conditions for permitted uses and special exceptions set forth in section 38-79 which correlate with the number which may appear within the cell of the use table for that special exception.

(4)

Land uses on properties zoned P-D (planned development) shall be subject to the requirements of the P-D district as outlined in Chapter 38, Article VIII of the Orange County Code.

(Ord. No. 2008-06 , § 8, 5-13-08; Ord. No. 2016-19 , § 5, 9-13-16)

(c)

Standard Industrial Classification Manual and Standard Industrial Classification (SIC) group numbers.

(1)

The group descriptions in the 1987 edition of the Standard Industrial Classification Manual (the "SIC Manual") prepared by the Statistical Policy Division for the United States Office of Management and Budget, as it may be amended from time to time, shall be used to determine the classification of primary uses when reference is made in the use table to a designated Standard Industrial Classification (SIC) group number.

(2)

In the SIC group number column of the use table, a four (4) digit SIC group number shall control and override a three (3) digit SIC group number, and a three (3) digit SIC group number shall control and override a two (2) digit SIC group number.

(3)

Copies of the SIC Manual shall be kept on file with the clerk to the board of county commissioners, the county planning department, the county zoning department and the downtown branch of the county library. The SIC Manual shall be available for inspection at those locations during normal business hours.

(Ord. No. 97-05, § 2, 4-29-97)

(d)

Interpretation of Sections 38-77, 38-78 and 38-79.

(1)

When the need arises, the zoning manager shall be the person responsible for interpreting Chapter 38 of this Code. However, the zoning manager shall not have the authority to make any interpretations under Chapter 3; the zoning manager's authority under Chapter 3 shall be limited as specifically set forth therein.

(2)

In interpreting any of those sections, or in considering an appeal of the interpretation of any of those sections, consideration shall be given to the following:

a.

The functional and locational requirements of the use;

b.

Whether the interpretation is consistent with the intent, purpose and description of the particular zoning district;

c.

Whether the interpretation is compatible with the permitted uses in the district; and

d.

Whether the interpretation ensures that the use is similar in traffic-generating capacity, noise, vibration, dust, odor, glare, heat producing and any other noxious characteristics.

(Ord. No. 95-16, § 2, 6-27-95; Ord. No. 98-37, § 4, 12-15-98; Ord. No. 2004-01, § 4, 2-10-04)