A.
When used in connection with a particular use in the Table of Permissible
Uses included in this article,[1] the letter "P" means that the use is permissible in the
indicated zone with a zoning certificate issued by the Code Enforcement
Officer.
[1]
Editor's Note: The Table of Permissible Uses is included as
an attachment to this chapter.
B.
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 zoning certificate issued by the Code Enforcement Officer provided the conditions stipulated in Article XI are met.
C.
The letters "SC" mean the conditions of approval stipulated in Article XI for the proposed use must be met and a special exception permit must be obtained from the Board of Appeals.
D.
The letters "SE" mean a special exception permit must be obtained
from the Board of Appeals.
In the event an applicant wishes to use property for a use which
is not specifically identified as a permitted use or a special exception
use and where such use is not specifically prohibited from the district,
the following provisions shall apply:
A.
The Code Enforcement Officer shall submit to the Board of Appeals
a written request for a determination of the unclassified use.
B.
The Board of Appeals shall review the request as submitted and determine
if the proposed use is of a similar character to the uses in the district
in which it is proposed.
C.
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.
D.
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.
E.
In no event shall the provisions of this section be used to allow
an incompatible use or a use specifically prohibited by this chapter
within a certain district.
F.
Once a use has been allowed or disallowed by the Code Enforcement
Officer or the Planning Commission, it shall then be considered classified
under the appropriate category in the district.
A.
The presumption established by this Zoning Chapter is that all legitimate uses of land in the Town are provided for within at least one zoning district in the Town's planning jurisdiction. Because the list of permissible uses set forth in the Table of Permissible Uses cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses per the process outlined in § 163-39.
B.
All uses that are not listed in the Table of Permissible Uses, and which are determined by the Board of Appeals per § 163-39 to not be of a similar character to another use in that district, are prohibited. 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.
No building or tract of land shall be devoted to any use other than
a use permitted hereinafter in the zoning district in which such building
or tract of land shall be located, with the exception of the following:
D.
Uses lawfully existing on the effective date of this chapter and rendered nonconforming by the provisions thereof shall be subject to the regulations of Article VIII of this Zoning Chapter.
E.
The following uses are specifically prohibited in all districts:
(1)
Any use that involves the manufacture, handling, sale, distribution,
or storage of any highly combustible or explosive materials.
(2)
Stockyards, slaughterhouses, rendering plants.
(3)
Use of a travel trailer or accessory building as a temporary or permanent
residence.
(4)
Use of a motor vehicle parked on a lot as a structure in which, out
of which, or from which any goods are sold or stored, any services
are performed, or other business is conducted.
(5)
Solid or hazardous waste collection or disposal facilities excluding
approved wastewater treatment facilities.
(6)
Sanitary landfills.
(7)
Adult-oriented businesses, establishments providing adult entertainment
or material, adult oriented commercial enterprises adult nightclub,
bar, restaurant, or similar establishment adult bookstore; or massage
parlor. See definitions.
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:
(1)
Institutional buildings.
(2)
Public or semi-public buildings.
(3)
Multiple-family dwellings.
(4)
Commercial or industrial buildings.
(5)
Additional principal structures in permitted mixed-use projects with
the prior approval of the Planning and Zoning Commission.
(6)
Condominiums.
(7)
Student housing.
Notwithstanding any other provisions of this Zoning Chapter
or the Town Code, no zoning permit or special-exception permit is
necessary for the following uses:
