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.
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:
B. Access driveways to an individual, detached, single-family dwelling.
C. Essential services and public utilities.
D. 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 ninety-day period.