Uses permitted in the various districts are indicated by an "X" mark in the appropriate column(s) of the permitted use table. Any use not specifically designated as permitted shall be deemed to be prohibited. (See table at the end of this ordinance.) Permitted uses shall include retail sales related to any such permitted use. If a use or a class of use is not listed in this ordinance and not otherwise prohibited or restricted by this ordinance, such use or class of use is an "unlisted use" that shall only be permitted if approved by the zoning enforcement officer pursuant to the process listed below:

(a)

Procedure for approving unlisted uses. Where a particular use category or use type is not specifically allowed under this ordinance and is also not prohibited or restricted by this ordinance, the zoning enforcement officer may permit the use category or type if the criteria of subsection (b) below are met. The zoning enforcement officer shall give due consideration to the intent of this ordinance concerning the district(s) involved, the character of the uses specifically identified, and the character of the use(s) in question.

(b)

Criteria for approving unlisted uses. The zoning enforcement officer shall determine which listed use to which the unlisted use is most similar in nature, function, and duration and shall make a permitting decision based on the criteria in this ordinance for that similar listed use. If the listed use is a special use requiring a special use permit, then a special use permit is required for the unlisted use. In order to determine that the proposed use has an impact that is similar in nature, function, and duration to the other uses allowed in a specific zoning district, the zoning enforcement officer shall assess all relevant characteristics of the proposed use, including, but not limited to, the following:

(1)

The volume and type of sales, retail, wholesale; size and type of items sold and nature of inventory on the premises;

(2)

Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, distribution; any dangerous, hazardous, toxic, or explosive materials used in the processing; and

(3)

The nature and location of storage and outdoor display of merchandise; enclosed, open, inside or outside the principal building; and predominant types of items stored (such as business vehicles, work in process, inventory, and merchandise, construction materials, scrap and junk, and raw materials including liquids and powders); and

(4)

The type, size and nature of buildings and structures; and

(5)

The number and density of employees and customers per unit area of site in relation to business hours and employment shifts; and

(6)

Transportation requirements, including the modal split for people and freight, by volume type and characteristic of traffic generation to and from the site, trip purposes and whether trip purposes can be shared by other uses on the site; and

(7)

Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other uses; and

(8)

The amount and nature of any nuisances generated on the premises, including, but not limited to, noise, smoke, odor, glare, vibration, radiation and fumes; and

(9)

Any special public utility requirements for serving the proposed use, including, but not limited to, water supply, waste water output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and

(10)

The impact on adjacent properties created by the proposed use will not be greater than that of other uses in the zoning district.

(c)

Determination by the zoning enforcement officer; effects. All determinations by the zoning enforcement officer made pursuant to subsection (a) above shall be in writing. In making the determination described in subsection (a) above, the zoning enforcement officer shall initiate an amendment to this ordinance if the particular use or category of use(s) is likely to be common or to recur frequently, or that omission of specific inclusion and reference to this ordinance is likely to lead to public uncertainty and confusion. Until final action has been taken on such proposed amendment, the determination of the zoning enforcement officer shall be binding on all officers and departments of the town. If no amendment is initiated, the zoning enforcement officer's determination shall thereafter be binding on all officers and departments of the town, without further action or amendment of this ordinance.

(d)

Appeal of determination of the zoning enforcement officer. The determination of the zoning enforcement officer may be appealed to the board of adjustment pursuant to the procedures set forth in section 8.9 of this ordinance.

(Ord. of 6-3-2021)