A. 
The Table of Permitted Uses lists the uses of land and buildings which are permitted (P), permitted by special permit (SP) and not permitted (N) in the zoning districts established by this chapter.
B. 
Only uses listed for each district as being permitted or permitted by special permit shall be permitted. Uses not listed specifically or by reference as being permitted in a district shall be prohibited in the district.
C. 
Any list of uses not permitted contained in any section of this chapter shall be deemed to be not an exclusive list, but to have been included for the purposes of clarity and emphasis and to illustrate by example some of the uses frequently proposed that are deemed undesirable and incompatible and are thus prohibited.
D. 
Unless otherwise stated in this chapter, nonresidential uses listed on the Table of Permitted Uses shall be further defined by the Standard Industrial Classification Manual (SIC), Executive Office of the President, Office of Management and Budget, 1987.
E. 
Certain uses which are permitted or permitted by special permit by this section may be subject to additional requirements of site development plan approval as set forth in this chapter.
F. 
A subsurface sanitary disposal system is permitted in any zoning district, provided that it is connected to a principal use on the same lot, notwithstanding such system may be located in a zoning district different from that of the principal use.
[Added 2-14-1995]
[1]
Editor's Note: The Table of Permitted Uses is included at the end of this chapter.
[Amended 9-14-2004; 7-15-2025 by L.L. No. 4-2025]
A. 
Note A.
(1) 
In the event of a conflict between this Note A and any other section of this chapter, the provisions of this Note A shall prevail.
(2) 
The Town recognizes that two-family dwellings are an important element of the Town's housing stock. Such dwellings expand housing choices and contribute to the variety of housing opportunities available to Town residents. The Town further recognizes the unique character of Mohegan Colony, the Town's only R-40A District, as a neighborhood containing a balance of single- and two-family dwellings. The R-40A District also includes a number of multifamily dwellings created prior to October 2, 1951 (referred to hereafter as "multifamily dwellings").
(3) 
It is the policy of the Town that the balance of single- and two-family dwellings in the R-40A District should be maintained and that the number of lots containing two-family dwellings and multifamily dwellings in the R-40A District should be limited to 50% of the total number of lots in the district.
(4) 
The Town has determined that the number of 138 lots represents approximately 50% of the total number of lots in the district. The Town will use that number as the limit of lots containing legal two-family dwellings and multifamily dwellings in the R-40A District.
(5) 
To implement this policy, the Town shall determine the number of lots with two-family dwellings and multifamily dwellings legally in existence as of the effective date of this chapter. After that date, additional two-family dwellings may be developed as of right and the status of existing two-family dwellings and multifamily dwellings may be legalized until the limit of 138 lots is reached.
(6) 
Two-family dwellings in the R-40A District shall be defined as follows:
(a) 
Two-family dwellings constructed prior to October 2, 1951: two dwelling units on one (1) lot contained either within a single dwelling or in two separate dwellings.
(b) 
Two-family dwellings developed after October 2, 1951: two dwelling units contained within a single dwelling.
(7) 
Single-family dwellings containing accessory dwelling units are permitted by special permit and shall not be counted as two-family dwellings.
(8) 
The minimum lot area for an existing lot for two-family dwellings constructed (through new construction or conversion) after the effective date of this chapter shall be 20,000 square feet. The minimum average lot width for an existing lot for two-family dwellings constructed (through new construction or conversion) after the effective date of this chapter shall be 100 feet. NOTE: There are very few existing lots smaller than 20,000 square feet in the R-40A District.
(9) 
All legal two-family dwellings may be rebuilt as two-family dwellings as of right without being subject to the fifty-percent limit.
(10) 
The Town shall administer this policy as follows:
(a) 
The Town hereby establishes the maximum number of allowable lots with legal two-family dwellings and legal multifamily dwellings in the R-40A District at 138 lots.
(b) 
The Town shall document the number of lots containing legal two-family dwellings and multifamily dwellings in the R-40A District as of the effective date of this chapter by a count of documents issued by the Town through the effective date of this chapter establishing such dwellings. These documents shall include certificates of occupancy, prior to zoning letters, and Board of Appeals interpretations. Within seven days of the effective date of this chapter, the Town shall alert, by certified mail, property owners in the R-40A District of these procedures; whether or not Town records show their property contains a legal two-family dwelling or a legal multifamily dwelling; and, if they claim to the contrary, of their responsibility to document the legality of their dwellings.
(c) 
After the effective date of this chapter, additional two-family dwellings may be developed (through new construction or conversion) and structures without legal establishment as two-family dwellings or multifamily dwellings may be legalized as such until the number of lots with legal two-family dwellings and multifamily dwellings reaches the limit of 138 lots. Existing two-family and multifamily dwellings without documentation supporting and establishing their legality whose owners fail to obtain such documentation before the lot limit of 138 is reached shall be deemed illegal and shall not be entitled to inclusion among the 138 lots qualifying for two-family and multifamily status.
(d) 
Legal two-family dwellings are uses permitted as of right and may be altered, expanded and reconstructed without being subject to the fifty-percent limit. Such expansions, alterations or reconstruction shall be subject to the yard, height and maximum building coverage requirements of the this chapter. Legally established multifamily dwellings shall be deemed nonconforming uses and may be replaced by a two-family dwelling in a single structure.
(e) 
Once the lot limit of 138 for two-family and multifamily development is reached, no further building permits shall be issued to any other lots in the R-40A District for two-family development or conversion.
(f) 
All legal two-family dwellings contained in two separate dwellings may be reconstructed with the same exterior dimensions and habitable space as originally existed or as a single-family dwelling or a two-family dwelling in a single structure.
(g) 
Where a legal two-family dwelling was contained in two separate dwellings, neither separate dwelling may be enlarged unless the other one of the two dwellings is demolished or converted to an accessory building or unless the two separate dwellings are joined so as to constitute two dwelling units within a single structure.
(h) 
Accessory dwelling units may be developed in single-family dwellings in the R-40A District by special permit, as in other residential districts.
(11) 
Hospital and nursing homes will be permitted only on a lot in a residential zone which fronts on a state road.
(12) 
Doctors, dentists or other health care practitioners will be permitted only on a lot in a residential zone which fronts on a state road or on Oregon Road.
B. 
Notes 1 through 7. The text of the remaining notes is included on the Table of Permitted Uses located at the end of this chapter.