A.

The use groups established herein and as indicated in the Table of Principal Permitted Uses, Section 5.2, in the column designated "Use Group," are as follows:

1.

By-Right (BR) Group. This group permits uses in the districts marked with "BR," subject to Article 6 and other applicable regulations of this Ordinance.

2.

Special Requirement (SR) Group. This group permits uses in the districts marked with "SR," subject to the requirements of the respective subsections as indicated in the column entitled, "Subsection No.," and also subject to Article 6 and other applicable regulations of this Ordinance.

3.

Conditional Zoning (CZ) Group. This group permits uses in the districts marked with "CZ," subject to the conditions of the respective subsections as indicated in the column entitled, "Subsection No.," as well as any other conditions which may be negotiated or recommended by the Administrator or TRC, and also subject to the requirements of Article 6, the special conditions for the respective use in Article 7 and other applicable regulations of this Ordinance. Uses in this group are subject to the approval of the Board of Commissioners after a public hearing.

B.

District regulations for residence, office-apartments, business and industrial districts shall be as set forth in the Table of Principal Permitted Uses, Section 5.2 and as indicated in Article 6. Use of land and structures shall be further regulated by the applicable provisions of this Ordinance.

C.

Any unlisted use in the Table of Principal Permitted Uses, Section 5.2, determined to be compatible with a principal permitted use shall be permitted in the same district and shall be classified as to the use group and special requirements, if any, for such specific use, as determined by the Administrator. The Administrator, however, shall always have the discretion to decline to exercise the delegated authority to determine requirements for any use, and in such case, the applicant may seek a determination from the Board of Adjustment.

D.

The regulations established by this Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.

E.

No building, structure or land shall be used or occupied, and no building or any part thereof shall hereafter be erected, constructed, reconstructed, moved or altered, except in conformity with all applicable regulations herein specified for the district in which it is located.

F.

No part of a yard or other required open space or off-street parking or loading space required for a use for the purpose of complying with this Ordinance, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other structure or building.

G.

No yard or lot existing on the effective date of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Lots created after the effective date of this Ordinance shall meet the requirements of this Ordinance as a minimum.

H.

To the extent any special requirement for a use is inconsistent with or contradicts a general requirement, then the special requirement shall control and govern the development. For example, the dimensional requirements of Section 7.4 for structures located in the DO-A shall control and govern over the more general dimensional requirements for structures set forth in Section 6.1.1.

(Ord. No. 598, 4-14-2011; Ord. No. 798, 7-8-2021)

The following Table of Principal Permitted Uses in all Districts should be read in close conjunction with the definitions of terms set forth in Section 2.2 and the other interpretative provisions set forth in this Ordinance. The following charts indicate the principal permitted uses in all districts, the use groups in which the uses are designated and the subsection numbers pertaining to each use.

Table 5.2-1 Principal Permitted Uses in All Districts

(Ord. No. 598, 4-14-2011; Ord. No. 629, 12-13-2012; Ord. No. 653, 6-12-2014; Ord. No. 656, 9-11-2014; Ord. No. 659, 4-9-2015; Ord. No. 662, 6-11-2015; Ord. No. 664, 10-8-2015; Ord. No. 702, 4-12-2018; Ord. No. 714, 6-14-2018; Ord. No. 725, 8-16-2018; Ord. No. 733, 1-10-2019; Ord. No. 779, 10-8-2020; Ord. No. 798, 7-8-2021; Ord. No. 893, 7-11-2024; Ord. No. 909, 2-13-2025)

A.

Notwithstanding any other provisions of this Article, no approval is necessary for the following uses:

1.

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.

2.

Neighborhood utility facilities located within a public right-of-way with the permission of the owner (State or Town) of the right-of-way, so long as such facilities do not exceed five (5) feet in height, five (5) feet in width or five (5) feet in depth.

3.

Bus shelters erected by or under the direction of the Town.

B.

Construction plans for new 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 shall be submitted to and approved by the Administrator or designee.

(Ord. No. 598, 4-14-2011)

Whenever a development could fall within more than one use classification in the Table of Principal Permitted Uses, Section 5.2, the Administrator shall determine which classification most closely and most specifically describes the development. An applicant may appeal the Administrator's interpretation and determination to the Board of Adjustment pursuant to Article 9.

(Ord. No. 598, 4-14-2011)