A.Â
No building shall be erected, moved, altered, rebuilt or enlarged
nor shall any land or building be used, designed or arranged to be
used for any purpose or in any manner except in conformity with all
regulations, requirements and restrictions specified in this chapter
for the district in which such building or land is located.
B.Â
No changes to an existing use, other than a one-family dwelling and accessory uses thereto, shall be made, in terms of the type of land use or the intensity of the use, except in conformance with an approved site plan or special permit as appropriate. Refer to Article XIX, Enforcement.
[Amended 7-14-2021 by L.L. No. 3-2021]
In interpreting and complying with this chapter, the requirements contained herein are declared to be the minimum requirements necessary for the attainment of the purposes set forth in Article I.
[Amended 7-14-2021 by L.L. No. 3-2021]
Where this chapter requires a greater width or size of yards
or other open spaces, or a lower height of building, or a fewer number
of stories, or a greater percentage of lot area to be left unoccupied,
or otherwise imposes greater restrictions than required by any other
statute, bylaw, ordinance or regulation, the provisions of this chapter
shall govern.
A.Â
Any use not permitted within this chapter shall be deemed prohibited except pursuant to the provision § 150-19B. herein. Any list of prohibited uses contained in any section of this chapter shall be deemed to be not an exhaustive list but to have been included for the purposes of clarity and emphasis, and to illustrate, by example, some of these uses frequently proposed that are deemed undesirable and incompatible in the particular district and that are thus prohibited.
B.Â
When a use is not specifically permitted in this Zoning Ordinance
as either a use permitted by right or by special use permit, it shall
be understood that the use may be allowed by special use permit of
the Planning Board if it is determined by the Planning Board with
input from the Building Inspector that the use is substantially similar
to other uses listed in the district and is consistent with the stated
purposes of the district.
[Amended 7-14-2021 by L.L. No. 3-2021]
(1)Â
This section establishes the Planning Board's special use permit authority pursuant to Article XI of this chapter to compare a proposed use and measure it against those listed in the applicable zoning district for determining substantial similarity. In determining substantial similarity, the Planning Board shall make all of the following findings prior to approval:
(a)Â
The proposed uses shall meet the intent of, and be consistent
with, the goals, objectives and policies of the Comprehensive Plan.
(b)Â
The proposed use shall meet the stated purpose and legislative intent of the district in which the use is proposed to be located per the legislative intent of given district regulations, or those given in § 150-13.
(c)Â
The proposed use shall not adversely impact the public health,
safety and general welfare of the residents.
(d)Â
The proposed use shall share characteristics in common with,
and not be of greater intensity, density, or generate more environmental
impact, including but not limited to having no greater adverse effects
upon traffic, noise, air quality, parking, or any other reasonably
relevant attribute than those uses listed in the zoning district in
which it is to be located.
