A. These performance standards shall apply to all uses in all zones, except for legal nonconforming uses which, based on a written opinion of the town attorney, have an established right not to comply with the provisions of this chapter.
B. Compliance may be waived by the commission if a condition created under prior ordinances physically precludes the reasonable application of the standards. Additional categorical exemptions from compliance with the performance standards are as follows:
1. Temporary Activity: Festivals and other special events with approved temporary use permits or other required permits, where such activities otherwise comply with other applicable provisions of this development code.
2. Emergency Activities: Any emergency activity on the part of the town or a private party.
3. Construction Activity: Temporary construction activity is exempted except where such activity is explicitly regulated by other regulations of this code. (Ord. 254, 12-16-2014)