Alfred City Zoning Code
ARTICLE V
Uses
§ 160-30 Purpose.
The purpose of these land use restrictions is to implement the Alfred Comprehensive Plan and to provide for orderly growth and development.
§ 160-31 Basic requirements.
[Amended 3-11-2006 ATM by Art. 24]
A land use permit shall be required for construction, substantial alteration or external enlargement of any building, structure, land or premises devoted to any uses indicated as "C" or "P" in the Land Use Table below. Uses in all districts must conform to all applicable specifications and requirements. A plumbing permit, building permit, and certificate of occupancy are required for all buildings, uses of land and buildings, and sanitary facilities, according to the applicable provisions of this chapter and the Alfred Building Code.[1]
§ 160-32 District regulations.
Land uses permitted in each district in conformance with the general performance standards in Article XVII and, where appropriate, the specific performance standards of Article XVIII are shown in the following table.[1]
[1]
Editor's Note: The Land Use Table is included at the end of this chapter.
§ 160-33 Other exceptions to the Land Use Table.
A.
The change of an existing nonconforming use to another nonconforming use in accordance with the provisions of § 160-27C of this chapter is permitted without an action by the Board of Appeals.
B.
Buildings which are clearly accessory to uses and/or structures allowed by the Land Use Table are similarly allowed.
§ 160-34 Review of changes of use.
[Added 3-11-2006 ATM by Art. 24[1]]
A land use permit shall be required for any change of use from one category in the Land Use Table to any other category that requires a land use permit, even if no expansions or physical changes of any kind are proposed to building exteriors, parking, circulation, or other site details.
§ 160-35 Amendments to previously approved land use permits.
[Added 3-11-2006 ATM by Art. 24]
No modifications to a previously approved land use permit shall be made, unless an application for an amendment is submitted and approved by the reviewing authority that approved the original land use permit. When reviewing an application to amend a previously approved land use permit, the reviewing authority shall limit the scope of its review only to those aspects of the original permit approval affected by the proposed amendment.
§ 160-36 Transferability of land use permits.
[Added 3-11-2006 ATM by Art. 24]
A.
Land use permits approved by the Code Enforcement Officer or the Planning Board shall be transferable to any other person or entity in the event of a transfer of the subject property or entity, unless the approval was subject to the condition of a performance guarantee at the time of approval, and guaranteed improvements have not been completed.
B.
No land use permit subject to an outstanding performance guarantee shall be transferable to any other person or entity until and unless the Planning Board finds, upon the written request of the proposed transferee, that:
(1)
The proposed transferee has adequate technical and financial capacity to complete the development as initially approved; and
(2)
Sufficient performance guarantees, in an amount and form approved by the Board of Selectmen in consultation with the Town Attorney and/or Town Engineer, have been provided by the proposed transferee to ensure that all required improvements will be completed as initially approved.
§ 160-37 Uses omitted from Land Use Table.
[Amended 3-29-2005 STM by Art. 2]
Uses which are not specifically included in the Land Use Table or allowed in § 160-33 above are prohibited.
§ 160-39 Mixed uses allowed for commercial activities.
Except for the Critical Rural, Shoreland Limited Residential, Stream Protection and Resource Protection Districts, when a district permits nonresidential uses, more than one principal, nonresidential use may be allowed on a lot meeting the minimum lot size standards of this ordinance, or on nonconforming lots of record, as long as parking requirements are met for each principal, nonresidential use. In the Critical Rural, Shoreland Limited Residential, Stream Protection and Resource Protection Districts, the minimum lot size and frontage requirements shall be met for each principal use on the property. For the purposes of this section, a home occupation meeting the requirements of this ordinance shall not be considered a separate, principal nonresidential use, but rather shall be deemed a part of the principal residential use.