When used in connection with a particular use in the Table of
Permissible Uses,[1] the letter "P" means that the use is permissible in the
indicated zone with a zoning permit issued by the Administrator. The
letters "SE" mean a special exception permit must be obtained from
the Board of Appeals. A blank space indicates the use is not permitted
under any conditions.
[1]
Editor's Note: See the Official Table of Use Regulations by Zoning Districts, included as an attachment to this chapter.
A.
The presumption established by this chapter is that all legitimate
uses of land in the Town are provided for within at least one zoning
district in the Town's planning jurisdiction. Because the list of
permissible uses set forth in the Table of Permissible Uses cannot
be all-inclusive, those uses that are listed shall be interpreted
liberally to include other uses that have similar impacts to the listed
uses.
B.
Notwithstanding Subsection A, all uses that are not listed in the Table of Permissible Uses, even given the liberal interpretation mandated by Subsection A, are prohibited, nor shall the Table of Permissible Uses be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in another district or districts.
C.
The following uses are specifically prohibited in all districts:
(1)
Any use that involves the manufacture, handling, sale, distribution,
or storage of any highly combustible or explosive materials.
(2)
Stockyards, slaughterhouses, and rendering plants.
(3)
Use of a travel/mobile trailer as a temporary or permanent residence.
(4)
Use of a motor vehicle parked on a lot as a structure in which,
out of which, or from which any goods are sold or stored, any services
are performed, or other business is conducted.
A.
The Table of Permissible Uses classifies different principal uses
according to their different impacts. Whenever an activity (which
may or may not be separately listed as a principal use in this table)
is conducted in conjunction with another principal use and the former
use constitutes only an incidental or insubstantial part of the total
activity that takes place on a lot, or is commonly associated with
the principal use and integrally related to it, then the former use
may be regarded as accessory to the principal use and may be carried
on underneath the umbrella of the permit issued for the principal
use. For example, a swimming pool/tennis court complex is customarily
associated with and integrally related to a residential subdivision
or multifamily development and would be regarded as accessory to such
principal uses, even though such facilities, if developed apart from
a residential development, would require a special exception permit
or not be permitted.
B.
The following activities, so long as they satisfy the general criteria
set forth above, are specifically regarded as accessory to residential
principal uses:
(1)
Offices or studios within an enclosed building and used by an
occupant of a residence located on the same lot as such building to
carry on administrative or artistic activities, so long as such activities
do not fall within the definition of a home occupation.
(2)
Hobbies or recreational activities of a noncommercial nature.
(3)
The renting out of one or two rooms within a single-family residence
(which one or two rooms do not themselves constitute a separate dwelling
unit) to not more than two persons who are not part of the family
that resides in the single-family dwelling.
(4)
Yard sales or garage sales, so long as such sales are not conducted
on the same lot for more than three days (whether consecutive or not)
during any ninety-day period.
C.
Storage outside of a substantially enclosed structure of any motor
vehicle that is neither licensed nor operational shall not be regarded
as accessory to a residential principal use and is prohibited in residential
districts.
Notwithstanding any other provisions of this chapter, no zoning
or special exception permit is necessary for the following uses:
A.
Streets.
B.
Electric power, telephone, telegraph, cable television, gas, water,
and sewer lines, wires or pipes, together with supporting poles or
structures, located within a public right-of-way.
C.
Neighborhood utility facilities located within a public right-of-way
with the permission of the owner (state or Town) of the right-of-way.
A.
A substantial change in use of property occurs whenever the essential
character or nature of the activity conducted on a lot changes. This
occurs whenever:
(1)
The change involves a change from one principal use category
to another.
(2)
The original use is a combination use or planned development
and the relative proportion of space devoted to the individual principal
uses that comprise the combination use or planned development use
changes to such an extent that the parking requirements for the overall
use are altered.
(3)
The original use is a combination use or planned development
use, and the mixture of types of individual principal uses that comprise
the combination use or planned development use changes.
(4)
The original use is a planned residential development, and the
relative proportions of different types of dwelling units change.
(5)
There is only one business or enterprise conducted on the lot
(regardless of whether that business or enterprise consists of one
individual principal use or a combination of uses), and that business
or enterprise moves out and a different type of enterprise moves in
(even though the new business or enterprise may be classified under
the same principal use or combination use category as the previous
type of business). For example, if there is only one building on a
lot and a florist shop that is the sole tenant of that building moves
out and is replaced by a clothing store, that constitutes a change
in use even though both tenants fall within principal use classification
2.111. However, if the florist shop were replaced by another florist
shop, that would not constitute a change in use since the type of
business or enterprise would not have changed. Moreover, if the florist
shop moved out of a rented space in a shopping center and was replaced
by a clothing store that would not constitute a change in use since
there is more than one business on the lot and the essential character
of the activity conducted on that lot (shopping center-combination
use) has not changed.
B.
A mere change in the status of property from unoccupied to occupied
or vice versa does not constitute a change in use. Whether a change
in use occurs shall be determined by comparing the two active uses
of the property without regard to any intervening period during which
the property may have been unoccupied, unless the property has remained
unoccupied for more than 180 consecutive days or has been abandoned.
C.
A mere change in ownership of a business or enterprise or a change
in the name shall not be regarded as a change in use.
A.
When a combination use comprises two or more principal uses that
require different types of permits (zoning or special exception),
then the permit authorizing the combination use shall be:
B.
When a combination use consists of a single-family detached, architecturally integrated subdivision and two-family or multifamily uses, then the total density permissible on the entire tract shall be determined by dividing the area of the tract by the minimum square footage per dwelling unit specified in § 440-1201.
Whenever a development could fall within more than one use classification
in the Table of Permissible Uses, the classification that most closely
and most specifically describes the development controls. For example,
a small doctor's office or clinic clearly falls within the 3.110 classification
(office and service operations conducted entirely indoors and designed
to attract customers or clients to the premises). However, classification
3.130, "office or clinics of physicians or dentists with not more
than 10,000 square feet of gross floor area" more specifically covers
this use and therefore is controlling.
The following table[1] lists the permitted uses in each general zoning district, the type of review and approvals required, and additional regulations. Additional regulations pertaining to certain uses and activities are listed in Article XI, Supplementary Use Regulations.
[1]
Editor's Note: See the Official Table of Use Regulations by Zoning Districts, included as an attachment to this chapter.
