A.
Performance basis for use regulations. The Town finds that rigid and highly specific use classifications are inappropriate to its needs, and therefore wishes to base its zoning regulations on the impact, scale, and design of uses, rather than on strict use categories. Accordingly, the categories used in this chapter, and the definitions contained in Article XIV, are broad and general. It is the purpose of this chapter to ensure flexibility of land use within the design and performance requirements contained herein. Therefore, most nonresidential uses are allowed only upon the granting of special permits, based upon performance criteria contained in Articles V, VI, VII and VIII, as well as design criteria in the Appendixes.[1] It is the responsibility of the Zoning Board of Appeals or the Planning Board, in discharging its review responsibilities under this chapter, to attach such conditions as may be necessary to ensure that a use will be compatible with its surroundings, with the purposes of this chapter contained in § 245-3, and with the Town's community goals as set forth in the Master Plan. Such Boards shall deny any proposed use which they find will not or cannot be operated in a manner that satisfies the performance criteria in this chapter.
[1]
Editor's Note: The Appendixes are on file in the office of the Town Clerk.
B.
Use restrictions. No structure or land shall be used except as provided in the Use Table in § 245-15. See Article XIV for definitions of the use categories. In the event that a particular proposed use does not clearly fit into one of the categories shown on the Use Table, the Zoning Officer or Zoning Board of Appeals shall categorize such a use in the manner that best effectuates the purposes of this chapter as set forth in § 245-3. Where appropriate, such categorization may include a finding that the proposed use is prohibited. The meaning of the symbols is as follows:
(P) | Designates a use permitted by right. |
(S) | Designates a use permitted only by special permit, issued by the Zoning Board of Appeals (or the Planning Board if so specified in this chapter) pursuant to Article VI of this chapter. |
(—) | Designates a prohibited use. |
(P/S) | Designates a use permitted by right if located on a parcel of 10 acres or more; otherwise the use would require a special permit. |
NOTE: Numbers shown after a use category indicate the section numbers of additional regulations governing the use. |