When used in connection with a particular use in the Table of Permissible Uses included in this article, the letter "P" means that the use is permissible in the indicated zone with a building permit issued by the Code Enforcement Officer. When used in connection with a particular use in the Table of Permissible Uses, the letter "PC" means that the use is permissible in the indicated zone with a building permit issued by the Code Enforcement Officer provided the conditions stipulated in Article IX are met. The letters "SC" means the conditions of approval stipulated in Article IX for the proposed use must be met and a special exception permit must be obtained from the Board of Appeals. The letters "SE" means a special exception permit must be obtained from the Board of Appeals.
This section establishes and describes the use categorization
system used to classify principal uses in this chapter.
A.
Use categories. This chapter classifies principal land uses into
major groupings. These major groupings are referred to as "use categories."
The use categories are as follows:
B.
Use subcategories. Each use category is further divided into more
specific "subcategories." Use subcategories classify principal land
uses and activities based on common functional, product or physical
characteristics, such as the type and amount of activity, the type
of customers or residents, how goods or services are sold or delivered
and site conditions.
C.
Specific use types. Some use subcategories are further broken down
to identify specific types of uses that are regulated differently
than the subcategory as a whole.
D.
Determination of use categories and subcategories.
(1)
The Code Enforcement Officer is authorized to classify uses on the
basis of the use category, subcategory and specific use type descriptions
of this chapter.
(2)
In the event the Code Enforcement Officer is unable to classify uses on the basis of the use category, subcategory and specific use type descriptions of this chapter and where such use is not specifically prohibited from the district the Code Enforcement Officer shall submit to the Board of Appeals a written request for a determination of the unclassified use in accordance with § 200-33.
(3)
If the Board of Appeals determines that the use is of a similar character
and meets the intent of the principal permitted uses within the district,
then it shall instruct the Code Enforcement Officer to issue a zoning
certificate.
(4)
In the event that the Board of Appeals determines that the proposed
use in the district is consistent with the character and intent of
the uses permitted by special exception within the district, then
the applicant shall apply for a special exception in the normal manner.
(5)
Once a use has been allowed or disallowed by the Board, it shall
then be considered classified under the appropriate category in the
district.
A.
Household living. Residential occupancy of a dwelling unit by a household.
When dwelling units are rented, tenancy is arranged on a month-to-month
or longer basis. Uses where tenancy may be arranged for a shorter
period are not considered residential; they are considered a form
of lodging. The following are household living specific use types:
(1)
Detached house: A detached house is a principal residential building
occupied by one dwelling unit located on a single lot with private
yards on all sides. Detached houses are not attached to and do not
abut other dwelling units.
(2)
Attached house: An attached house is a dwelling unit that is attached
to one or more dwelling units, each of which is joined together by
party wall or walls or is located on its own lot with a common or
abutting wall along the dwelling units' shared lot lines. Each dwelling
unit has its own external entrance.
(3)
Two-family: two dwelling units which are located one over the other
and having two side yards.
(4)
Duplex: two dwelling units which are attached side by side by a party
wall and having one side yard adjacent to each dwelling unit.
(5)
Townhouse: three or more dwelling units which each occupy a separate
lot and which are attached side by side by party walls and having
a side yard adjacent to each end unit.
(6)
Multifamily/apartment/condo: a multifamily/apartment/condo building
is a residential building on a single lot that is occupied by three
or more dwelling units that share common walls and/or common floors/ceilings.
(7)
Accessory dwelling unit: a separate complete housekeeping unit that
is substantially contained within the structure of a single family
unit or a commercial structure, but can be isolated from it.
(8)
Manufactured housing unit: a manufactured housing unit is a residential
building that complies with the National Manufactured Housing Construction
and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.).
(9)
Mixed-use building, residential: a building that contains at least
one floor devoted to allowed nonresidential uses and at least one
devoted to allowed residential uses.
(10)
Mobile home: a detached residential or business unit containing
not less than 500 square feet of gross livable floor area in the original
manufactured unit, designed and intended for repeated or periodic
transportation in one or more sections on the highway on a chassis
which is permanent or designed to be permanent and arriving at the
site where it is to be occupied, complete and ready for occupancy
except for minor and incidental unpacking and assembly of sections,
location on jacks or other foundations, connection to utilities and
the like. Units commonly known as a "double-wide" and any unit classified
as a "mobile home" by an applicable financing or construction standard,
including, without limitation, the United States Department of Housing
and Urban Development regulations, State Department of Economic and
Community Development regulations and state or federal law as such
laws or regulations are in effect as of the date of passage of the
chapter, shall be considered a mobile home. The placing of a mobile
home on a permanent foundation or the construction of additions, porches
and the like shall not change the classification of such mobile homes.
Recreational trailers and vehicles and modular homes are not considered
mobile homes. Mobile homes are not permitted in Snow Hill.
(11)
Modular home: a detached residential or business unit, built
to the specifications of a recognized building code, containing not
less than 500 square feet of gross livable floor area in the original
manufactured unit, designed and intended for delivery by transportation
on the highway for permanent assembly in a permanent and separately
constructed foundation. A modular home may be considered a single-family
dwelling. A modular home must meet the requirements and definitions
of the Maryland Industrialized Building and Mobile Homes Act as in
effect as of the date of passage of this chapter.
(12)
Caretaker/security dwelling: a single dwelling unit that is
accessory to an allowed use and that is occupied solely by an individual
who is responsible for maintenance or security in association with
the principal use of the property.
B.
Group living. Residential occupancy of a building or any portion
of a building by a group other than a household. Group living uses
typically provide communal kitchen/dining facilities. Examples of
group living uses include group homes, convents, monasteries, nursing
homes, assisted living facilities, sheltered care facilities, retirement
centers, homeless centers, shelters and halfway houses. The group
living subcategories are as follows:
(1)
Group domiciliary care home: a facility that is licensed by the Maryland
Department of Health and Mental Hygiene shared by persons who are
unable to live alone because of age-related impairments or physical,
mental or visual disabilities and who live together as a single housekeeping
unit in a long-term, household-like environment in which staff persons
provide care, education, and participation in community activities
for the residents with a primary goal of enabling the resident to
live as independently as possible. Group domiciliary care homes do
not include pre-release, work-release, probationary, or other programs
that serve as an alternative to incarceration.
(2)
Sheltered care: an activity accessory to and affiliated with a religious
facility providing maintenance and personal care for those in need.
(3)
Continuing care retirement communities: establishments primarily
engaged in providing a range of residential and personal care services
with on-site nursing care facilities for: 1) the elderly and other
persons who are unable to fully care for themselves; and/or(2) the
elderly and other persons who do not desire to live independently.
Individuals live in a variety of residential settings with meals,
housekeeping, social, leisure, and other services available to assist
residents in daily living. Assisted living facilities with on-site
nursing care facilities are included in this subcategory.
(4)
A halfway house is a residence designed to assist persons, especially
those leaving institutions, to reenter society and learn to adapt
to independent living. Halfway houses aim to assist in community transition,
and may provide vocational training, counseling, and other services.
Release to a halfway house is used in situations such as the release
of mental patients and prisoners. They are also used for people in
addiction recovery as a means to adapt to sober living. They usually
require residents to follow certain rules, such as sign in and sign
out procedures and curfews. A halfway house may allow residents to
go out to work or study during daytime and return at night. Residency
requirements, purposes, and rules vary at each halfway house.
This category includes public, quasi-public and private uses
that provide unique services that are of benefit to the public at
large. The public, civic and institutional subcategories are as follows:
A.
Cemetery: land or structures used for burial or permanent storage
of the dead or their cremated remains. Typical uses include cemeteries
and mausoleums. Also includes pet cemeteries.
B.
College or university: institutions of higher learning that offer
courses of general or specialized study and are authorized to grant
academic degrees.
C.
Community center: a structure, including its surrounding premises,
that is owned, leased or otherwise controlled by a unit of local government
or a school district and that contains rooms or other facilities limited
to use for purposes of meetings, gatherings or other functions or
activities carried on or performed by or under the supervision of
a unit of local government, a school district or a civic, educational,
religious or charitable organization. The authorization for the establishment
of a community center may include authorization for the incidental
and accessory sale or resale of food, merchandise or services in connection
with and in support of the principal activity or function being carried
on or performed by such unit of local government, school district
or organization.
D.
Fraternal organization: the use of a building or lot by a not-for-profit
organization that restricts access to its facility to bona fide, annual
dues-paying members and their occasional guests and where the primary
activity is a service not carried on as a business enterprise.
E.
Governmental facility: uses related to the administration of local,
state or federal government services or functions.
F.
Hospital: uses providing medical or surgical care to patients and
offering inpatient (overnight) care.
G.
Library: collections of books, manuscripts and similar materials
for free public lending, studying and reading.
H.
Museum or cultural facility: museum-like preservation and exhibition
of objects in one or more of the arts and sciences, gallery exhibitions
of works of art and similar institutions.
I.
Natural resources preservation: undeveloped land left in a natural
state for specific use as visual open space or environmental purposes.
Typical uses include wildlife or nature preserves, arboretums and
flood management projects.
J.
Parks and recreation: recreational, social or multipurpose uses associated
with public parks and open spaces, including playgrounds, playfields,
play courts, swimming pools, community centers and other facilities
typically associated with public parks and open space areas. Also
includes public and private golf courses and country clubs.
K.
Religious assembly: religious services involving public assembly
that customarily occur in churches, synagogues, temples, mosques and
other facilities used for religious worship. This category includes
buildings and all customary accessory uses or structures, including,
but not limited to, a chapel, day-care center, school of general instruction,
gymnasium, social hall and social services programs.
L.
Safety service: facilities provided by the Town, state or federal
government that provide fire, police or life protection, together
with the incidental storage and maintenance of necessary vehicles.
Typical uses include fire stations and police stations.
M.
School: schools at the primary, elementary, junior high or high school
level that provide basic, compulsory state-mandated education.
N.
Utilities and public service facility.
(1)
Essential services: underground or overhead gas, electrical, steam,
or water transmission or distribution systems, communication, supply
or disposal systems; including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants,
towers, electric substations, telephone exchange buildings, gas regulator
stations, and other similar equipment and accessories that are reasonably
necessary to furnish utility services or for the public health, safety,
or general welfare.
(2)
Public utility: uses or structures, except essential services, which
provides to the general public such services as water, sewerage, sewage
treatment, electricity, piped gas or telecommunications.
(3)
Alternative energy facilities: energy production systems that generate
energy from the by-products of the principal use are considered accessory
uses, including net metered installations and installations that generate
power to sell at wholesale to the power grid.
O.
Wireless telecommunications: towers, antennas, equipment, equipment
buildings and other facilities used in the provision of wireless communication
services. The following are specific types of wireless telecommunications
uses:
(1)
Freestanding towers: a structure intended to support equipment that
is used to transmit and/or receive telecommunications signals including
monopoles and guyed and lattice construction steel structures.
(2)
Building- or tower-mounted antennas: the physical device that is
attached to a freestanding tower, building or other structure, through
which electromagnetic, wireless telecommunications signals authorized
by the Federal Communications Commission are transmitted or received.
(3)
Satellite earth station, satellite dish: a parabolic antenna and
associated electronics and support equipment for transmitting or for
transmitting and receiving satellite signals.
The commercial use category includes uses that provide a business
service or involve the selling, leasing or renting of merchandise
to the general public. The commercial use subcategories are as follows:
A.
Adult entertainment establishment.
(1)
Adult-oriented business: any business, operation, or activity a significant
amount of which consists of:
(a)
The conduct, promotion, delivery, provision, or performance
of adult entertainment or material including, but not limited to,
that occurring in, at, or in connection with a cabaret, lounge, nightclub,
modeling studio, bar, restaurant, club, lodge, or similar establishment;
or
(2)
Adult book or video store: adult-oriented business, including the
sale, rental, transfer, loan, dissemination, distribution, provision
or promotion of adult entertainment or material, in any format, form,
or medium, including, but not limited to, books, magazines, newspapers,
photographs, movies, videos, DVDs, CDs or other audio/video recordings,
other electronic recordings but not including coin-operated or pay-view-viewing.
(3)
Adult-oriented businesses and adult book or video stores are not
permitted in Snow Hill.
B.
Animal service: uses that provide goods and services for care of
companion animals.
(1)
Grooming: grooming of dogs, cats and similar companion animals, including
dog bathing and clipping salons and pet grooming shops.
(2)
Boarding or shelter/kennel: animal shelters, care services and kennel
services for dogs, cats and companion animals, including boarding
kennels, pet resorts/hotels, pet day care, pet adoption centers, dog
training centers and animal rescue shelters. For purposes of this
chapter, the keeping of more than four dogs, cats or similar household
companion animals over four months of age or the keeping of more than
two such animals for compensation or sale is deemed a boarding or
shelter-related animal service use and is allowed only in those zoning
districts that allow such uses.
(3)
Veterinary care: animal hospitals and veterinary clinics.
C.
Assembly and entertainment: uses that provide gathering places for
participant or spectator recreation, entertainment or other assembly
activities. Assembly and entertainment uses may provide incidental
food or beverage service. Typical uses include arenas, billiard centers,
video game arcades, auditoriums, bowling centers, cinemas and theaters.
D.
Broadcast or recording studio: uses that provide for audio or video
production, recording or broadcasting.
(1)
Broadcast facility is an establishment primarily engaged in the provision
of broadcasting and other information relay services accomplished
through the use of electronic and telephonic mechanisms, including
radio, television and film.
(2)
Recording studio is an establishment primarily engaged in sound or
video recording.
E.
Commercial service: uses that provide for consumer or business services
and for the repair and maintenance of a wide variety of products.
(1)
Building service: uses that provide maintenance and repair services
for all structural and mechanical elements of structures, as well
as the exterior spaces of a premises. Typical uses include contractor
offices, janitorial, landscape maintenance, extermination, plumbing,
electrical, HVAC, window cleaning and similar services.
(2)
Business support service: uses that provide personnel services, printing,
copying, photographic services or communication services to businesses
or consumers. Typical uses include employment agencies, copy and print
shops, caterers, telephone answering services and photo developing
labs.
(3)
Consumer maintenance and repair service: uses that provide maintenance,
cleaning and repair services for consumer goods on a site other than
that of the customer (i.e., customers bring goods to the site of the
repair/maintenance business). Typical uses include laundry and dry-cleaning
pickup shops, tailors, taxidermists, dressmakers, shoe repair, picture
framing shops, locksmiths, vacuum repair shops, electronics repair
shops and similar establishments. Business that offer repair and maintenance
service technicians who visit customers' homes or places of business
are classified as a "building service."
(4)
Personal improvement service: uses that provide a variety of services
associated with personal grooming, instruction and maintenance of
fitness, health and well-being. Typical uses include barbers, hair
and nail salons, day spas, health clubs, yoga studios, martial arts
studios, and businesses purporting to offer fortune-telling or psychic
services.
(a)
Massage therapy services: establishments whose primary business
is that of providing massage - defined as any method of pressure on
or friction against, or stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulating of the external soft parts of the body with
the hands or with aid of any mechanical electrical apparatus or appliances
with or without rubbing alcohol, liniments, antiseptics, oils, powder,
creams, lotions, ointments or other similar preparations used in this
practice, under such circumstances that it is reasonably expected
that the person to whom treatment is provided, or some third party
on such persons behalf, will pay money or give other consideration
or any gratuity therefor.
(b)
Tattoo establishments are also included in the personal improvement
service use subcategory.
(5)
Research service: uses engaged in scientific research and testing
services leading to the development of new products and processes.
Such uses resemble office buildings or campuses and do not involve
the mass production, distribution or sale of products. Research services
do not produce odors, dust, noise, vibration or other external impacts
that are detectable beyond the property lines of the subject property.
F.
Day care: uses providing care, protection and supervision for children
or adults on a regular basis away from their primary residence for
less than 24 hours per day. Examples include state-licensed child-care
centers, preschools, nursery schools, head start programs, after-school
programs and adult day-care facilities. Day care expressly includes
state-accredited adult day-care facilities and facilities for child
care.
(1)
Day-care center: a facility licensed by the State of Maryland that
provides day care for more than eight children or any number of adults.
(2)
Day care home: a dwelling unit licensed by the State of Maryland
in which day care is provided for a maximum of eight children, excluding
all natural, adopted and foster children of the residents of the dwelling
unit.
G.
Eating and drinking establishments: The eating and drinking establishments
use type refers to establishments or places of business primarily
engaged in the sale of prepared foods and beverages for on- or off-premises
consumption. Typical uses include restaurants, short order eating
places or bars and cafes, restaurants, cafeterias, ice cream/yogurt
shops, coffee shops and similar establishments, which may include
a bar area that is customarily incidental and subordinate to the principal
use as an eating establishment.
(1)
Microbrewery: an establishment that possesses appropriate licenses
from the State of Maryland where beer and malt beverages are made
on the premises and then sold or distributed. The category includes
small microbreweries which produces less than 15,000 barrels (a barrel
is approximately 31 gallons) of beer per year and large microbreweries
where beer and malt beverages are made on the premises at an annual
beer production rate of over 15,000 barrels. Also included in this
category are brewpubs where beer and malt beverages are made on the
premises in conjunction with a restaurant or bar and where 40% or
more of the beer produced on site is sold on site. Brewpubs may include
beer to go and beverages are made on the premises at an annual beer
production rate of over 15,000 barrels. This category also includes
tap rooms which are rooms ancillary to the production of beer at a
microbrewery, brewpub, or large brewery where the public can purchase
and/or consume only the beer produced on site.
H.
Financial service: uses related to the exchange, lending, borrowing
and safe-keeping of money. Typical examples are banks, credit unions
and consumer loan establishments.
I.
Funeral and mortuary service: uses that provide services related
to the death of humans or companion animals, including funeral homes,
mortuaries, crematoriums and similar uses.
J.
Lodging: uses that provide temporary lodging for less than 30 days
where rents are charged by the day or by the week. Lodging uses may
provide food or entertainment on premises. Lodging includes the following
specific categories:
(1)
Hotel and motel: an establishment for transients consisting of any
number of sleeping rooms in permanent buildings, each room or suite
of rooms having complete sanitary facilities and separate entrances,
including hotel, motel, lodge, tourist park and similar establishments,
but not including a boarding- or lodging house, inn or bed-and-breakfast
establishment.
(2)
Inn: a commercial facility, not meeting the criteria of hotel or
motel and not a boarding- or rooming house, for the serving of meals
and/or the housing of transients.
(3)
Bed-and-breakfast: a single-family, owner-occupied dwelling in which
overnight sleeping rooms are rented on a short-term basis to transients
and at which no meal other than breakfast is served to guests, which
is included in their room charge.
(4)
Boardinghouse: a private dwelling or part thereof where lodgings
with or without meals are provided for compensation to persons not
members of the resident family.
K.
Office: uses in an enclosed building, customarily performed in an
office, that focus on providing executive, management, administrative,
professional or medical services. Specific use types include:
(1)
Business: office uses for companies and nongovernmental organizations.
Examples include corporate office, law offices, architectural firms,
insurance companies and other executive, management or administrative
offices for businesses and corporations.
(2)
Professional: offices where services are provided that require specialized
training or professional certification including but not limited to
accountant, appraiser, attorney, architect, landscape architect, engineer,
surveyor, and stockbroker but not including offices of medical, dental
and health practitioners.
(3)
Medical, dental and health practitioner: office uses related to diagnosis
and treatment of human patients' illnesses, injuries and physical
maladies that can be performed in an office setting with no overnight
care. Surgical, rehabilitation and other medical centers that do not
involve overnight patient stays are included in this subcategory,
as are medical and dental laboratories.
L.
Parking, nonaccessory: parking that is not provided to comply with
minimum off-street parking requirements and that is not provided exclusively
to serve occupants of or visitors to a particular use, but rather
is available to the public at large. A parking facility that provides
both accessory and nonaccessory parking will be classified as nonaccessory
parking if it leases 25% or more of its spaces to nonoccupants of
or persons other than visitors to a particular use.
M.
Retail sales: uses involving the sale, lease or rental of new or
used goods to the ultimate consumer within an enclosed structure,
unless otherwise specified.
(1)
Convenience goods: retail sales uses that sell or otherwise provide:
1) sundry goods; 2) products for personal grooming and for the day-to-day
maintenance of personal health; or 3) food or beverages for off-premises
consumption, including grocery stores and similar uses that provide
incidental and accessory food and beverage service as part of their
primary retail sales business. Typical uses include drugstores, grocery
and specialty food stores, wine or liquor stores, gift shops, newsstands
and florists.
(2)
Consumer shopping goods: retail sales uses that sell or otherwise
provide wearing apparel, fashion accessories, furniture, household
appliances and similar consumer goods, large and small, functional
and decorative, for use, entertainment, comfort or aesthetics. Typical
uses include clothing stores, department stores, appliance stores,
TV and electronics stores, bike shops, bookstores, costume rental
stores, uniform supply stores, stationery stores, art galleries, hobby
shops, furniture stores, pet stores and pet supply stores, shoe stores,
antique shops, secondhand stores, record stores, toy stores, sporting
goods stores, variety stores, video stores, musical instrument stores,
office supplies and office furnishing stores and wig shops.
(3)
Building supplies and equipment: retail sales uses that sell or otherwise
provide goods to repair, maintain or visually enhance a structure
or premises. Typical uses include hardware stores, home improvement
stores, paint and wallpaper supply stores and garden supply stores.
N.
Self-service storage facility (e.g., mini-storage): an enclosed use
that provides separate, small-scale, self-service storage facilities
leased or rented to individuals or small businesses. Facilities are
designated to accommodate only interior access to storage lockers
or drive-up access only from regular size passenger vehicles and two-axle
noncommercial vehicles.
O.
Studio, instructional or service: uses in an enclosed building that
focus on providing instruction or training in music, dance, drama,
fine arts, language or similar activities. Also includes artist studios
and photography studios. See also "personal improvement service" in
the commercial services use category.
P.
Trade school: uses in an enclosed building that focus on teaching
the skills needed to perform a particular job. Examples include schools
of cosmetology, modeling academies, computer training facilities,
vocational schools, administrative business training facilities and
similar uses. Truck driving schools are classified as "trucking and
transportation terminals" (wholesale, distribution and storage use
category).
Q.
Vehicle sales and service: uses that provide for the sale, rental,
maintenance or repair of new or used vehicles and vehicular equipment.
The vehicle sales and service subcategory includes the following specific
use types:
(1)
Commercial vehicle repair and maintenance: uses, excluding vehicle
paint finishing shops, that repair, install or maintain the mechanical
components or the bodies of large trucks, mass transit vehicles, large
construction or agricultural equipment, aircraft, watercraft or similar
large vehicles and vehicular equipment. Includes truck stops and truck
fueling facilities.
(2)
Commercial vehicle sales and rentals: uses that provide for the sale
or rental of large trucks, large construction or agricultural equipment,
aircraft, or similar large vehicles and vehicular equipment.
(3)
Fueling station: uses engaged in retail sales of personal or commercial
vehicle fuels, including natural gas fueling stations and rapid vehicle
charging stations and battery exchange facilities for electric vehicles.
(4)
Personal vehicle repair and maintenance: uses engaged in repairing,
installing or maintaining the mechanical components of autos, small
trucks or vans, motorcycles, motor homes or recreational vehicles
including recreational boats. Also includes uses that wash, clean
or otherwise protect the exterior or interior surfaces of these vehicles.
Does not include vehicle body or paint finishing shops.
(5)
Personal vehicle sales and rentals: uses that provide for the sale
or rental of new or used autos, small trucks or vans, trailers, motorcycles,
motor homes or recreational vehicles including recreational watercraft.
Typical examples include automobile dealers, auto malls, car rental
agencies and moving equipment rental establishments (e.g., U-haul).
(6)
Vehicle body and paint finishing shop: uses that primarily conduct
vehicle body work and repairs or that apply paint to the exterior
or interior surfaces of vehicles by spraying, dipping, flow-coating
or other similar means.
This category includes uses that provide and distribute goods
in large quantities, principally to retail sales, commercial services
or industrial establishments. Long-term and short-term storage of
supplies, equipment, commercial goods and personal items is included.
The wholesale, distribution and storage subcategories are as follows:
A.
Equipment and materials storage, outdoor: uses related to outdoor
storage of equipment, products or materials, whether or not stored
in containers.
(1)
Contractor's shop: an establishment used for the indoor repair, maintenance
or storage of a contractor's vehicles, equipment or materials, and
may include the contractor's business office.
(2)
Fuel storage: an establishment that includes "fuel storage tank"
or any vessel or tank that stores gases or liquids, including fuel
products such as gasoline, diesel fuel, heating oil, natural gas,
natural gas liquids, propane, synthetic gas or similar products.
(3)
Grain storage: bulk storage, drying or other processing of grain
and livestock feed or storage and sale of fertilizer, coal, coke or
firewood with effective control of dust and particulates during all
operations.
B.
Trucking and transportation terminal: uses engaged in the dispatching
and long-term or short-term storage of trucks, buses and other vehicles,
including parcel service delivery vehicles, taxis and limousines.
Minor repair and maintenance of vehicles stored on the premises is
also included. Includes uses engaged in the moving of household or
office furniture, appliances and equipment from one location to another,
including the temporary on-site storage of those items.
C.
Warehouse: uses conducted within a completely enclosed building that
are engaged in long-term and short-term storage of goods and that
do not meet the definition of a "self-service storage facility" or
a "trucking and transportation terminal."
D.
Wholesale sales and distribution: uses engaged in the wholesale sales,
bulk storage and distribution of goods. Such uses may also include
incidental retail sales and wholesale showrooms.
(1)
Limited wholesale sales and distribution facilities, excluding, however,
fuels and other flammable liquids, solids or explosives held for resale
and the bulk storage or handling of fertilizer, grain and feed.
(2)
Wholesale sales and distribution facilities including fuels and other
flammable liquids, solids or explosives held for resale and the bulk
storage or handling of fertilizer, grain and feed.
This category includes uses that produce goods from extracted
and raw materials or from recyclable or previously prepared materials,
including the design, storage and handling of these products and the
materials from which they are produced. The industrial subcategories
are:
A.
Artisan industrial: on-site production of goods by hand manufacturing,
involving the use of hand tools and small-scale, light mechanical
equipment in a completely enclosed building with no outdoor operations
or storage. Typical uses include woodworking and cabinet shops, ceramic
studios, jewelry manufacturing and similar types of arts and crafts
or very small-scale manufacturing uses that have no negative external
impacts on surrounding properties.
B.
Limited industrial: manufacturing and industrial uses that process,
fabricate, assemble, treat or package finished parts or products without
the use of explosive or petroleum materials. Uses in this subcategory
do not involve the assembly of large equipment and machinery and have
very limited external impacts in terms of noise, vibration, odor,
hours of operation and truck and commercial vehicle traffic.
C.
General industrial: manufacturing and industrial uses that process,
fabricate, assemble or treat materials for the production of large
equipment and machines as well as industrial uses that because of
their scale or method of operation regularly produce odors, dust,
noise, vibration, truck/commercial vehicle traffic or other external
impacts that are detectable beyond the property lines of the subject
property.
D.
Intensive industrial: manufacturing and industrial uses that regularly
use hazardous chemicals or procedures or produce hazardous by-products,
including the following: manufacturing of acetylene, cement, lime,
gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer,
insecticides, disinfectants, poisons, explosives, paint, lacquer,
varnish, petroleum products, coal products, plastic and synthetic
resins and radioactive materials. This subcategory also includes petrochemical
tank farms, gasification plants, smelting, asphalt and concrete plants
and tanneries. Intensive industrial uses have high potential for external
impacts on the surrounding area in terms of noise, vibration, odor,
hours of operation and truck/commercial vehicle traffic.
E.
Junk or salvage yard: an area or building where waste or scrap materials
are bought, sold, exchanged, stored, baled, packed, disassembled or
handled for reclamation, disposal or other like purposes, including
but not limited to scrap iron and other metals, paper, rags, rubber
tires and bottles.
F.
Fuel storage: This subcategory includes fuel storage tanks, with
a capacity of 1,000 gallons or greater, either individually or in
the aggregate, whether accessory to an industrial operation or the
principle use of the property. This category does not include fuel
storage tanks with a capacity of 1,000 gallons or less, either individually
or in the aggregate, intended for residential home heating and cooking
use only, and located on the same lot as the principal use. Fuel storage
tanks with a capacity greater than 1,000 gallons, either individually
or in the aggregate, are prohibited in all residential districts and
in the B-1 Downtown Shopping District.
This category includes uses that collect, store or process recyclable
material for the purpose of marketing or reusing the material in the
manufacturing of new, reused or reconstituted products.
A.
Recyclable material drop-off facility: an establishment that accepts
consumer recyclable commodities directly from the consuming party
and stores them temporarily before transferring them to recyclable
material processing facilities. Recyclable commodities shall be limited
to nonhazardous, nonspecial, homogeneous, nonputrescible materials
such as dry paper, glass, cans or plastic. The term "recyclable material
drop-off facility" as used in this chapter shall not include general
construction or demolition debris facilities, and/or transfer stations,
facilities located within a structure principally devoted to another
use, facilities temporarily located on a lot under authority of a
temporary use, and facilities for collecting used motor oil which
are necessary to an automobile service station. Establishments that
process recyclable material are classified as "recyclable material
processing facilities."
B.
Recyclable material processing: establishments that receive and process
consumer recyclable commodities for subsequent use in the secondary
market.
This category includes uses such as gardens, farms and orchards
that involve the raising and harvesting of food and nonfood crops.
A.
Agriculture, animal production: the (principal or accessory) use
of land for the keeping or raising of farm animals. Animal production
is expressly prohibited in the Town.
B.
Agriculture, crop production: the use of land for growing, raising,
or marketing of plants to produce food, feed, or fiber commodities
or nonfood crops. Examples of crop agriculture include cultivation
and tillage of the soil and growing and harvesting of agricultural
or horticultural commodities. Crop agriculture does not include community
gardens or the raising or keeping of farm animals.
(1)
Crop production, medical cannabis: growing any product containing
usable cannabis or medical cannabis finished product.
C.
Agriculture, buildings and structures: This category includes all
buildings and structures associated with agriculture uses as opposed
to the activities associated with crop or animal production.
D.
Community garden: an area managed and maintained by a group of individuals
to grow and harvest food crops or nonfood crops (e.g., flowers) for
personal or group consumption, for donation or for sale that is occasional
and incidental to the growing and harvesting of food crops. A community
garden area may be divided into separate garden plots or orchard areas
for cultivation by one or more individuals or may be farmed collectively
by members of the group. A community garden may include common areas
(e.g., hand tool storage sheds) maintained and used by the group.
Community gardens may be principal or accessory uses and may be located
at grade (outdoors), on a roof or within a building. Community gardens
do not include the raising or keeping of farm animals.
E.
Indoor plant cultivation: a building or structure and the associated
premises used to grow plants under roof which may include accessory
storage and processing of plants grown on premises. Included in this
category are greenhouses and hydroponic facilities.
This category includes uses that do not fit the other use categories.
A.
Drive-in or drive-through facility: any use with drive-through windows
or drive-through lanes or that otherwise offers service to the occupants
of motor vehicles. Typical uses include drive-through restaurants,
drive-through pharmacies and drive-in restaurants.
B.
Temporary uses: use of a building or premises for a purpose that
does not conform to the regulations prescribed by this chapter, does
not involve the erection of substantial buildings, and is permitted
for a defined time period.
(1)
Temporary use, emergency: structures and/uses for emergency public
health and safety needs/land use activities.
(2)
Temporary use, construction: on-site contractors' mobile home used
in conjunction with an approved construction project on the same site.
(3)
Temporary use, sale: one trailer or the use of one building as a
temporary field or sales office in connection with building development.
C.
Heliport: facilities designed and designated for the safe landing
and takeoff of helicopter.
The category includes uses or structures subordinate to the
principal use and customarily incidental to the principal use.
A.
General regulations. The general regulations of this subsection apply
to all accessory uses and structures unless otherwise expressly stated.
(1)
Accessory uses and structures are permitted in connection with lawfully
established principal uses.
(2)
The Code Enforcement Officer is authorized to determine when a use,
building or structure meets the criteria of an accessory use or accessory
structure. In order to classify a use or structure as "accessory"
the Code Enforcement Officer must determine that the use or structure:
(a)
Is subordinate and clearly incidental to the principal structure
or principal use served in terms of area and function;
(b)
Provides a necessary function for or contributes to the comfort,
safety or convenience of occupants of the principal use; and
(c)
Is customarily found in association with the subject principal
use or principal structure.
(3)
Time of construction and establishment.
A.
Every structure hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot of record and in no case shall there be more than one principal structure on a lot unless as provided in Subsection B below.
B.
More than one principal structure may be located upon a lot in the
following instances subject to the lot, yard and density requirements
and other provisions of this chapter:
Notwithstanding any other provisions of this Zoning Chapter
or the Town Code, no zoning or special exception permit is necessary
for the following uses:
A.
Table of Permissible Uses.[1]
[1]
Editor's Note: The Table of Permissible Uses is included as an attachment to this chapter.
