The restrictions and controls intended to regulate development
in each district are set forth in the following Schedule I, Table
of Use and Bulk Requirements, which is supplemented by other sections
of this chapter and other chapters of this Code.[1]
[1]
Editor's Note: Schedule I, Table of Use and Bulk Requirements, is included at the end of this chapter.
[Amended 4-26-2012 by L.L. No. 1-2012]
A.
Any use not specifically permitted is prohibited. It is the purpose
of this chapter to allow flexibility of land use, subject always to
the restrictions, prohibitions, and design and performance requirements
contained herein. Any use not specifically set forth as a permitted
use in any district shall be expressly prohibited in that district.
A use specifically set forth as a permitted use in one district shall
not be permitted in another district unless it is specifically set
forth as a permitted use in said other district. Except as otherwise
provided herein:
(1)
No land shall be cleared, excavated, or graded in connection with
a commercial use, no building or land shall hereafter be used or occupied,
and no building or part thereof shall be erected, moved or altered,
unless in conformity with the regulations herein specified for the
district in which it is located; and
(2)
No building shall hereafter be erected or altered to exceed the height,
to accommodate or house a greater number of families, to occupy a
greater percentage of lot area or to have narrower or smaller rear
yards, front yards, or side yards, than is specified herein for the
district in which such building is located.
B.
If there is a question as to whether a proposed use is one of the defined uses set forth in this chapter, or if a proposed use may be reasonably described by more than one of the defined uses set forth in this chapter, the Planning Board, upon written application, shall render a formal determination as to the proper definition of the proposed use in question. Once the Planning Board has determined the proper definition of the proposed use, the requirements of this chapter will determine if the proposed use is a permitted use, a permitted accessory use, a special permit use, or a prohibited use. The authority granted to the Planning Board under this § 345-11B shall not permit the Planning Board to allow, by special permit or otherwise, any use prohibited by § 345-11C or by § 345-38.
C.
General use restriction. Any use not designated as a principal permitted
use, a permitted accessory use or a special permit use is specifically
prohibited within the Town of Bethel.
