Use classifications are used to denote a group of similar and commonly-recognized uses which are grouped together under a single type or "classification" for the purposes of administration of Chapter 5 of this Ordinance. This Ordinance contains five types of use classifications: Residential, Public/Institutional, Commercial, Industrial, and Accessory uses in addition to Unlisted uses. Proposed developments within the Planned Development District, Major designation shall only be required to list general use classifications to denote the types of proposed uses.
(A) Purpose
Use classifications organize land uses and activities into general "use categories" and specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. The use classifications provide a systematic basis for assigning present and future land uses into appropriate zoning districts. Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification.
(B) Structure of This Section
(1) Each subsection below first describes common characteristics of the use category. Principal uses are assigned to the category that most closely describes the nature of the principal use. Also listed are examples of common accessory uses, which generally are allowed in conjunction with a principal use unless otherwise stated in the regulations. Unless otherwise stated, accessory uses are subject to the same regulations as the principal use.
(2) Each subsection also lists specific use types that are included in the respective use category. If there are no specific use types or if the list of specific use types is not all-inclusive, this subsection also lists common examples of other uses included in the respective category.
(C) Unlisted Uses
(1) 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 Planning Director may permit the use category or type if the criteria of subsection (2) below are met. The Planning Director 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.
(2) Criteria for Approving Unlisted Uses
In order to determine that the proposed use(s) has a impact that is similar in nature, function, and duration to the other uses allowed in a specific zoning district, the Planning Director shall assess all relevant characteristics of the proposed use, including but not limited to the following:
(a) The volume and type of sales, retail, wholesale; size and type of items sold and nature of inventory on the premises;
(b) Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, distribution; any dangerous, hazardous, toxic, or explosive materials used in the processing; and
(c) 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
(d) The type, size and nature of buildings and structures; and
(e) The number and density of employees and customers per unit area of site in relation to business hours and employment shifts; and
(f) 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
(g) 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
(h) 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
(i) 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
(j) The impact on adjacent properties created by the proposed use will not be greater than that of other uses in the zoning district.
(3) Determination by the Planning Director; Effects
All determinations by the Planning Director made pursuant to subsection (2) above shall be in writing. In making the determination described in subsection (2) above, the Planning Director 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 Planning Director shall be binding on all officers and departments of the Town. If no amendment is initiated, the Planning Director's determination shall thereafter be binding on all officers and departments of the Town, without further action or amendment of this Ordinance.
(4) Appeal of Determination of the Planning Director
The determination of the Planning Director may be appealed to the Zoning Board of Adjustment pursuant to the procedures set forth in Section 3.21 of this Ordinance.