§ 4.3.2. Determining use.

(A)

General. Uses are allowed as provided for in individual zoning districts pursuant to the purpose statement, categories of use, and types of use allowed therein.

Categories of use are principal uses, accessory uses, and conditional uses as described below. Types of uses are identified within each zoning district. Interpretation of a specific use which is not listed is governed by Subsection (C) herein.

(B)

Categories of use. All uses shall be categorized pursuant to the following:

(1)

Principal use. A principal use is allowed, by right, within a zoning district provided that all development regulations are met. A principal use must be conducted on a site in order to have accessory or ancillary uses on that site.

(2)

Accessory use. An accessory, or ancillary use, falls into one of three categories as follows:

(a)

A use which is otherwise allowed as a principal use but is subordinate in intensity to other principal uses (retail sales and business offices).

(b)

A use which is associated with a principal use and which is specifically identified within the zoning district as an accessory use (a garage used in conjunction with a single family house).

(c)

A use which is associated with the a principal or accessory use by virtue of supplemental district requirements (a parking lot required for a multiple family use).

No building which contains an accessory use pursuant to (b) may be rented or used as a separate dwelling unit, except as a guest cottage. No accessory structure shall be constructed before the principal structure is under construction.

(3)

Conditional use. A use which may not be appropriate generally, or without restriction, within a zoning district. The purpose of identifying such conditional uses and regulating them in a special manner is that they possess certain characteristics which may make them incompatible with existing uses, contiguous zoning, permitted uses, or future uses. Through special conditions imposed through procedures set forth in Section 2.4.5(E), the adverse impacts of such a use may be mitigated. The allowing of a conditional use is discretionary.

(C)

Uses not listed. In most instances it is clear that a specific use is allowable under a use category (i.e. the specific use of "sale of clothing directly to a consumer" is allowed under the category of "general retail sales"). Some specific uses (e.g. sale of automobiles) involve a special product which is identified as such within these regulations and hence are allowed only as listed. However, in some cases, it may be necessary to have an interpretation made to determine whether or not a use is allowable. In such cases, the following applies:

(1)

Interpretation by Director. In situations where a specific use is not listed in examples provided under a type, the Director may determine that a specific use is allowable on the basis that it is identical to uses listed in the examples. The Director shall maintain a list of such determinations.

(2)

Determination of similarity of use. In situations where the Director finds that the requested use is not identical but has similar characteristics to allowable uses or when the use is of a specific nature (e.g. automobile sales) and is listed as a specific use in another zone district, the use may be established within a specific zone district by action of the Planning and Zoning Board in authorizing it through a determination of similarity of use.

(3)

Prohibited uses. When a use is not allowed by application of Subsection 4.3.2(C)(1) or (2), it shall be considered as a prohibited use and not allowed within the Zoning District.