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
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 the 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 in a different
way than the subcategory as a whole. For example, the commercial category
is broken down into several subcategories as the distinction between
personal services compared to marine services is apparent when one
considers the difference between the product and physical characteristics.
D.
Determination of use categories and subcategories.
(1)
The Zoning Inspector is authorized to classify land uses based on
the use category, subcategory, and specific use type descriptions
of this chapter.
(2)
In the event the Zoning Inspector is unable to classify uses based on the use category, subcategory and specific use type descriptions of this chapter and where such use is not explicitly prohibited from the district the Zoning Inspector shall submit to the Board of Zoning Appeals a written request for a determination of the unclassified use per § 340-134.
E.
Determination of principal versus accessory use. The Zoning Inspector
shall determine whether a proposed accessory use is subordinate to
and customarily associated with a permitted primary use. Subordinate
to the principal use means the accessory use is minor in relation.
The Zoning Administrator will consider the following in making this
determination:
(1)
The area devoted to the use. For example, how much of the building
or property is dedicated to the accessory use.
(2)
Intensity of use. The relative intensity of the use and the resulting
impacts on the land and the neighboring properties. For example, will
the accessory use result in traffic and parking demand more than that
expected from the principal use?
(3)
Nature of use. Will the use require such things as additional employees,
longer operating hours, more deliveries, or additional water and sewer
service demand.
This category includes uses such as gardens, farms, and orchards
that involve the raising and harvesting of food and nonfood crops
and commercial raising of poultry or livestock. This category includes
routine accessory packaging, storage or light processing of crops
or wood products and sale of seeds, fertilizer, and similar agricultural
needs on site. The category also includes harvesting and processing
of seafood. This category does not include a slaughterhouse or meatpacking
facility, which are categorized as industrial.
A.
Agriculture, animal production. The principal or accessory use of
land for the keeping or raising of farm animals, including poultry,
horses, cows, and swine.
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.
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, e.g.,
grain storage as a principal use.
D.
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.
E.
Plant nursery. Buildings, structures, and uses associated with plant
propagation, grown to usable size. This category includes retail nurseries
that sell to the general public, wholesale nurseries that sell only
to businesses such as other nurseries and commercial gardeners, and
private nurseries that supply the needs of institutions or private
estates.
F.
Fisheries activities, aquaculture. Buildings, structures, and uses
associated with the rearing of aquatic animals or the cultivation
of aquatic plants for food.
G.
Farm-to-table activities. This category includes temporary retail
uses, including roadside produce stands and farmers markets.
H.
Forestry. Activities related to harvesting, thinning, and other management
practices associated with commercial timber harvesting.
I.
Commercial stables. Facilities for the housing of horses or other
equines operated for remuneration. This category includes activities
associated with the commercial hiring out of horses or ponies or instruction
in riding as well as the care, breeding, boarding, rental, riding
or training of equines and other farm animals or the teaching of equestrian
skills.
A.
Household living. "Household living" as used in the chapter means
residential occupancy of a dwelling unit by a household for four months
or more. Other forms of residential occupancy are considered lodging.
The following are household living specific use types:
(1)
Dwellings, single-family detached. A detached structure, designed
for or used only as one dwelling unit. A single-family 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)
Duplex. A detached structure designed for and/or used only as two
dwelling units. The dwelling units of a duplex may exist side by side
or one above the other. Duplex units situated back-to-back are not
permitted.
(3)
Townhouse. A structure consisting of three or more dwelling units,
the interior of which is configured in a manner such that the dwelling
units are separated by separated from one another by one or more common
walls without doors, windows, or other means of passage or visibility
through such common. A townhouse is typically designed so that each
unit has a separate exterior entrance and yard area. Each dwelling
unit may be situated on a separate and well-defined lot or parcel
of land intended for separate ownership. A townhouse dwelling does
not include a multifamily dwelling.
(4)
Multifamily. A multifamily building is a residential building that
is occupied by three or more dwelling units that share common walls
and/or common floors/ceilings. Structures are located either on one
or more lots, and which dwelling units are owned either in common
by the same owner or by separate owners, used or intended to be used
for occupancy by the owners and/or tenants and including, but not
limited to, apartment buildings and condominiums. Two or more multifamily
dwellings on a single property are known as a multifamily residential
complex.
(5)
Accessory dwelling unit. A smaller, independent residential dwelling
unit located on the same lot as a stand-alone (i.e., detached) single-family
home. Accessory dwelling units may be contained within the structure
of a single-family unit or a commercial structure, be a separate stand-alone
structure or be in a separate accessory structure.
(6)
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.A. § 5401 et
seq.).
(7)
Mixed-use building, residential. A building that contains one or
more residential units located above the first floor and permitted
nonresidential use on the first floor.
(8)
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."
(9)
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.
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 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 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 care for themselves adequately 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)
Assisted living. Establishments providing housing and supportive
services, supervision, personal care services, health-related services,
or a combination of these to meet the needs of residents who are unable
to perform or who need assistance with, activities of daily living
and/or instrumental activities of daily living. The activities of
daily living include bathing, dressing, eating, and toileting. This
subcategory includes nursing homes.
(5)
Employee sponsored housing. Housing provided by or subsidized by
an employer for employees.
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. It also includes pet cemeteries.
B.
College or university. Institutions of higher learning accredited
by the Maryland Department of Education 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 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. Uses operated
by a governmental or nonprofit volunteer entity and providing a public
service, e.g., post office, fire station, emergency ambulance service,
rescue squad, police station, courthouse, governmental office building,
governmental storage facility, governmental garage.
F.
Hospital. Uses providing medical, mental, or surgical care to patients
and offering inpatient (overnight) care. Ancillary activities permitted
include clinics, medical offices, administrative offices, laboratories,
pharmacies, gift shops, teaching facilities, research facilities,
rehabilitation facilities, treatment centers, employee day care, and
similar uses.
G.
Library. A building or structure used primarily for the housing of
books or other literary material on premises for reading, study, reference,
and/or lending. Collections of books, manuscripts, and similar materials
for public lending, studying and reading.
H.
Parks and recreation. Recreational, social, or multi-purpose uses
associated with public parks and open spaces, including playgrounds,
play fields, play courts, swimming pools, community centers, and other
facilities typically associated with public parks and open space areas.
It also includes public and private golf courses and country clubs.
I.
Museum or cultural facility. Buildings and facilities owned and operated
by a qualifying nonprofit institution under Internal Revenue Service
provisions in which objects of historical, scientific, artistic, or
cultural interest are stored and exhibited. Primary activities include
the procurement, construction, collection, preservation, and public
exhibition of antique, curious, unusual, rare, or typical objects
of art, science, commerce, or natural history. Museums may conduct
activities to educate or perpetuate interest concerning the subject
matter of the objects being procured, constructed, collected, preserved,
and exhibited in the museum. Museums also may conduct, host, or provide
space for occasional unrelated activities or events as provided in
their organizational documents with approval of the Zoning Inspector.
J.
Religious assembly. Religious services involving public assembly
that customarily occur in churches, synagogues, temples, mosques,
and other facilities used for religious worship. The category includes
buildings or structures primarily intended as a place for public worship
and related activities such as religious education, meeting halls,
and kitchens or places for personal worship or meditation operated
by an entity that is qualified by the Internal Revenue Service as
a nonprofit religious organization. This category includes buildings
and all customary accessory uses or structures, including, but not
limited to, a chapel, day-care center, gymnasium, social hall, and
social services programs. Accessory use includes a monastery, rectory,
or convent. The category does not include pre-schools, parochial schools,
day-care facilities, major recreational facilities, vehicle or equipment
storage yards, or other functions that are not a necessary or integral
part of the religious institution.
K.
Safety service. Facilities provided by the town, state, or federal
government that provides fire, police, or life protection, together
with the incidental storage and maintenance of necessary vehicles.
Typical uses include fire stations and police stations.
L.
School. Private and public schools at the primary, elementary, middle,
or high school level that provide basic, compulsory state-mandated
education.
A.
Essential services. Infrastructure services that need to be located
in or close to the area where the service is provided. Essential service
facilities generally do not have regular employees at the site and
typically have few, if any, impacts on surrounding areas. Typical
uses include water and sewer pump stations, gas regulating stations;
underground electric distribution substations; electric transformers;
water conveyance systems; stormwater facilities and conveyance systems;
telephone switching equipment, and emergency communication warning/broadcast
facilities.
B.
Public utilities. Uses or structures, except essential services,
which provides to the public such services as water, sewerage, sewage
treatment, electricity, piped gas, or telecommunications. Infrastructure
services that typically have substantial visual or operational impacts
on nearby areas. Typical uses include, but are not limited to, water
and wastewater treatment facilities, high-voltage electric substations,
utility-scale power generation facilities (including wind, solar,
and other renewable and nonrenewable energy sources), sanitary landfills
and utility-scale water storage facilities, such as water towers and
reservoirs.
C.
Alternative energy facilities, solar. An alternative energy system
intended to convert solar energy into thermal, mechanical, or electrical
energy accessory to a principal permitted use on the site. Small solar
energy systems, community solar systems and large solar energy systems
are specific types of alternative energy facilities.
D.
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)
Amateur radio facility. An amateur (HAM) radio station licensed by
the Federal Communications Commission (FCC), including equipment such
as but not limited to, a tower or building-mounted structure supporting
a radiating antenna platform and other equipment. A station in an
amateur radio service may consist of the apparatus necessary for carrying
on radio communications and licensed by the Federal Communications
Commission by a person holding a license granted by the Federal Communications
Commission authorizing a person to engage in the operation of an amateur
station and amateur radio service.
(4)
Satellite earth station, satellite dish. A parabolic antenna and
associated electronics and support equipment for transmitting or for
transmitting and receiving satellite signals.
(5)
Small wireless facility. "Small cells," are low-powered wireless
base stations that function like traditional cell sites in a mobile
wireless network but typically cover targeted indoor or localized
outdoor areas. "DAS" or "distributed antenna systems," which use numerous
antennae, commonly known as "nodes," similar in size to small cells
and are connected to and controlled by a central hub. This category
includes other similar facilities, systems, or devices designed to
facilitate a mobile wireless network within a localized area and to
be attached to a support structure within sidewalks or streets or
on private property.
The commercial use category includes uses that provide a business
service or involve the selling, leasing, or renting of merchandise
to the public. The commercial use subcategories are as follows:
A.
Adult-oriented businesses. Uses regulated under Chapter 75, Adult-Oriented Businesses, of the Town Code, including the following:
(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 or lodge, or other establishment;
or
(b)
The sale, provision, rental, or promotion of adult entertainment
or material, in any format, form, or medium, including, but not limited
to, books, magazines, videos, DVDs, CDs, movies, photographs, and/or
coin-operated or pay-per-view viewing devices, including, but not
limited to, the operation of an adult book or video store or viewing
booth.
(2)
Adult book or video store. An activity a principal purpose or use
of which is the selling, renting, transferring, loaning, disseminating,
or distributing of adult entertainment or material, including, but
not limited to, any book, magazine, newspaper, video, DVD, CD, or
sound recording.
(3)
Adult movie theater. A use involving the presentation in a room of
movies, videotapes, or similar media distinguished by an emphasis
on depicting "specified sexual activities" in exchange for monetary
compensation.
B.
Animal service. Uses that provide goods and services for the 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. Principal uses providing 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, theaters,
and conference centers.
D.
Broadcast or recording studio. Uses that provide for audio or video
production, recording, or broadcasting.
(1)
Broadcast facility. An establishment primarily engaged in the provision
of broadcasting and other information relay services accomplished
using electronic and telephonic mechanisms, including radio, television,
and film.
(2)
Recording studio. An establishment primarily engaged in sound or
video recording.
E.
Commercial service. Uses that provide for consumer or business services
and 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 premise. 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
pick-up shops, tailors, taxidermists, dressmakers, shoe repair, picture
framing shops, locksmiths, vacuum repair shops, electronics repair
shops, and similar establishments. Businesses 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.
(5)
Marine service. Establishments primarily engaged in operating marinas
or boat yards. These establishments rent boat slips and store boats
and generally perform a range of other services, including cleaning
and incidental boat repair. They frequently sell food, fuel, and fishing
supplies, and may sell boats. Also, it may include establishments
primarily engaged in the operation of charter or party fishing boats
or rental of small recreational boats.
(6)
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 regularly 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 childcare.
(1)
Day-care center. A facility licensed by the state that provides day
care for more than eight children or any number of adults. The activity
of providing care for part of a day (not on a twenty-four-hour per
day basis) to dependents of working persons while those working persons
are at work. The primary purpose of a day-care center is not education.
The dependents may be children, under the age of 16 years, or persons
60 years or older, who need temporary supervision and care during
part of the day.
(2)
Day-care home. A dwelling unit licensed by the state 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-premise
consumption. Typical uses include restaurants, short order eating
places or bars and cafés, 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)
Restaurant. Uses open to the public whose principal activity is the
preparation and serving of food and beverages for on- or off-premise
consumption as their principal business. A restaurant provides indoor
seating for customers and serves customers at their seats. A restaurant
may provide indoor or outdoor seating for customers and serves customers
at their seats.
(2)
Restaurant, drive-in, drive-through. A restaurant with drive-through
windows or drive-through lanes or that otherwise offers food and drink
to the occupants of motor vehicles. Typical uses include drive-through
and drive-in restaurants, e.g., McDonald's, Burger King, etc.
(3)
Alcohol sampling establishment. A Maryland licensed beer, wine, or
distillery that includes on-premises consumption accessory to the
principal production function.
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 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, and similar establishments, but not
including a boarding- or lodging house, or bed-and-breakfast establishment.
Hotel and motel establishments may include ancillary facilities and
services such as restaurants, meeting rooms, conference facilities,
entertainment, personal services, and recreational facilities.
(2)
Bed-and-breakfast. An existing single-family-, owner-, or manager-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. The use may include
additional guest rooms in a separate existing building on the same
lot. Guest rooms may include accessory appliances such as a mini-refrigerator,
coffee maker, and/or micro-wave oven solely for the convenience of
the occupants. Limited sale of items related to the establishment
and solely for purchase by guests, e.g., coffee cups, tee shirts,
and the like bearing the name or logo of the bed-and-breakfast is
permitted.
(3)
Historic vacation cottage. A residential dwelling unit located in
the St. Michaels Historic District that is used and/or advertised
through an online marketplace for rent for transient occupancy by
guests. For purposes of this chapter, a historic vacation cottage
is defined as a dwelling for which the Town has issued a current and
valid vacation cottage license.
K.
Office. Uses in an enclosed building, customarily performed in an
office that focuses on providing executive, management, administrative,
professional, or medical services. This category includes: business
office uses for companies and nongovernmental organizations such as
corporate office, law offices, architectural firms, insurance companies,
and other executive, management or administrative offices for businesses
and corporations; professional offices where services are provided
that require specialized training or professional certification, including
but not limited to, an accountant, appraiser, attorney, architect,
landscape architect, engineer, surveyor, and stockbroker; and 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 category, as are medical
and dental laboratories.
L.
Parking, non-accessory. 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 instead
is available to the public-at-large. Examples include commercial parking
garages. A parking facility that provides both accessory and non-accessory
parking will be classified as non-accessory parking if it leases 25%
or more of its spaces to non-occupants 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. The retail category includes sales of
convenience goods, including 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-premise 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. This
category also includes consumer shopping goods such as 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, computer hardware 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, cigar stores, copy shops, travel
agencies, dry cleaning, beauty and barber shops, craft shops, bakery,
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 and other
consumer shopping uses of the same general character.
(1)
Building supplies and equipment. Retail sale 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.
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. It 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 job. Examples include schools of cosmetology,
modeling academies, computer training facilities, vocational schools,
administrative business training facilities, and similar uses.
Q.
Motorized 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 include 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. The subcategory 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)
Motorized 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. It also includes uses that
wash, clean, or otherwise protect the exterior or interior surfaces
of these vehicles. The subcategory does not include vehicle body or
paint finishing shops.
(5)
Motorized 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 bodywork 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. This
subcategory does not include a fueling station.
(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 adequate 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 are
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 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.
Micro-producers. Limited on-site production of wine, beer, or distilled
spirits permitted or licensed by the State and the Federal Alcohol
and Tobacco Tax and Trade Bureau (TTB). Depending on the product produced
and the specific permit and license held, the facility may be allowed
limited sales for on-premise consumption, sell products to go and
sell to a wholesaler for resale to restaurants and retailers. Uses
accessory to on-site production such as tasting rooms for the consumption
of beer, wine, or distilled products may be permitted on the premises
if allowed by state license and in conjunction with the principal
on-site production use.
B.
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. The subcategory includes limited
retail sales.
C.
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. They
have minimal external impacts in terms of noise, vibration, odor,
hours of operation, and truck and commercial vehicle traffic.
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
a high potential for external impacts on the surrounding area in terms
of noise, vibration, odor, hours of operation, and truck/commercial
vehicle traffic. The subcategory includes limited retail sales.
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. Use may include demolition, dismantling, storage,
salvaging, or sale of automobiles or other vehicles not in running
condition, or machinery, or parts thereof.
F.
Recycling uses. This industrial subcategory includes uses that collect,
store, or recyclable process material for marketing or reusing the
material in the manufacturing of new, reused, or reconstituted products.
(1)
Recyclable material dropoff facility. A facility provided by the
Town, County, or State that accepts recyclable consumer 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 dropoff 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
the authority of 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."
(2)
Recyclable material processing. Establishments that receive and process
recyclable consumer commodities for subsequent use in the secondary
market.
(3)
Recycling collection center. A collection point for small refuse
items, such as bottles and newspapers, located either in a container
or small structure. A recycling center does not accept boats, automobiles,
tires, appliances, construction materials, or rubble (e.g., debris
from land clearing or demolition).
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 offer service to the occupants
of motor vehicles. Typical uses include drive-through restaurants,
drive-through banks, and drive-through pharmacies.
B.
Temporary uses. The use of a building or premises for a purpose that
does not conform to the regulations prescribed by this chapter and
does not involve the erection of substantial buildings and is permitted
for a defined period.
(1)
Temporary use, emergency. Structures and/or uses for emergency public
health and safety needs, e.g., temporary emergency housing in the
event of a natural disaster.
(2)
Temporary use, construction. On-site contractors' mobile home used
in conjunction with an approved construction project on the same site.
(3)
Temporary retail and service. One trailer or the use of one building
as a temporary field or sales office in connection with building development.
Uses such as mobile food service (food truck) and pop-up retail conducted
in readily movable vehicles that are self-propelled, pushed, or pulled
to a specific location or occupying an existing vacant principal structure.
(4)
Temporary use of structures to house training or construction activities
for public and institutional uses.
The category includes uses or structures subordinate to the
principal use and customarily incidental to the principal use.
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 Chapter 110, Site Plan Review, or Chapter 290, Subdivision of Land, no zoning or special-exception permit is necessary for the following uses:
When used in connection with a particular use in the Table of
Permissible Uses included in this section,[1] the letter "P" means that the use is permissible in the indicated zoning district with a building permit issued by the Zoning Inspector and provided it complies with applicable supplemental use standards in Article VIII. The letter "SE" means the use is a special exception that may be permitted in the indicated zoning district. The letter "N" means the use is not permitted. If a use is not listed or does not fall within any of the general use categories as determined by the Zoning Inspector, then it is not permitted in any zoning district.
[1]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.
Except as expressly stated otherwise by this chapter, only the
uses listed in the following table[1] shall be permitted in the applicable zoning district where
the structure or use is located. Uses shall only be permitted if there
is compliance with all other applicable requirements of this chapter.
[1]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.
