In order to carry out the intent and purposes of this Article, the Town is hereby divided into the following twenty (20) zoning districts:

"R1" Residential

"R1A" Residential

"R1B" Residential

"R1C" Core Residential

"R1D" Residential

"R1E" Residential

"R2" Residential/Multi-Family

"R2A" Residential

"R2C" Core Residential/Multi-Family

"R3C" Core Residential/Business

"R4" Residential/Multi-Family

"T" Tourist

"B1" Business Core

"B2" Business/Highway Related

"B3" Business/Historic Residential

"B4" West End Business/Historic Residential

"C" Commercial

"M" Mobile Home

"P" Public

"A-O" Agriculture-Open District

(Prior code 15-2-4; Ord. 3 §8, 1994; Ord. 39 §1, 1995; Ord. 14 §1, 2000; Ord. 15 §1, 2002; Ord. 3 §7, 2009)

If a question arises as to whether a specific use falls within any of the above-delineated use categories, any person may apply to the Board for a determination as to whether a specified use is expressly or conditionally permitted. Such determination shall be made on an analysis of the intention of the district and the compatibility of the proposed use with specified permitted and conditional uses. All permitted and conditional uses within any district are subject to the additional regulations as contained in this Chapter and any ordinance or regulations adopted by the Town or other governmental entity with proper jurisdiction.

(Prior code 15-2-4; Ord. 3 §7, 2009)

(a)

The location and boundaries of the zoning districts herein established, along with the height line and stream margin review line, are set forth on the zoning district map of the Town, a copy of which is available for inspection in the Planning Department of the Town, and which, with all notations, references and other information shown thereon, is incorporated herein as part of this Chapter.

(b)

Regardless of the existence of purported copies of the official zoning district map which from time to time may be made or published, the official map, which shall be available for public inspection upon request, shall be the final authority as to the current zoning district status of the Town.

(c)

All legal changes made in accordance with the provisions of this Chapter shall be promptly entered on the official zoning map.

(d)

When any contradiction or conflict exists in interpreting the zoning district map, the Building Inspector shall interpret said map upon the request of any person, and any person aggrieved by such interpretation may appeal the same to the Board, whose interpretation shall be final. Unless otherwise indicated on said map, the district boundaries shall be construed to be the centerlines of streets or alleys, or helot lines of property divided into lots and blocks.

(Prior code 15-2-4; Ord. 4 §1, 2009; Ord. 3 §7, 2009)

Except as herein provided, no building, structure or property shall hereafter be used, and no building or other structure shall be erected, reconstructed, altered or moved into or within the Town, except in conformance with the regulations of the zoning district in which such building, structure or property is located.

(Prior code 15-2-4; Ord. 3 §7, 2009)

Within any particular zoning district, there are four (4) types of uses. These are:

(1)

Permitted uses, which are uses allowed as a matter of right without special authorization.

(2)

Conditional uses, which are uses allowed only when authorized by the Board through the granting of a conditional use permit. The procedures for granting of conditional use permits are set forth elsewhere in this Chapter.

(3)

Nonconforming uses, which are uses specifically not included within the district regulations but which already existed at the time of the enactment of this Article.

(4)

Timesharing uses, which are uses available to the community as a new development technique that, under controlled conditions and in certain circumstances, may be of economic benefit through increased investment and greater utilization of facilities. Such uses are allowed only when authorized by the Board through the granting of a conditional use permit.

For purposes of ascertaining the use classification of a business, the business will be classified based upon the primary activity of the business, as measured by the square footage allocated to such use as a percentage of the overall use. Only uses which are permitted or have been approved as a conditional use are allowed.

(Prior code 15-2-5; Ord. 17 §2, 2007)