District use Allowances.
§ 218-35. District use Allowances.
A. Generally. District use regulations are specified in § 218-36, Land Use Table. Any municipal use by the Town of Charlestown shall be permitted in all districts. Except as otherwise provided in this Ordinance, no building, structure, or land shall be used or occupied in the zoning districts indicated except for the purposes permitted in this Section.
(1) A use listed in any district by the letter "Y" is a use permitted by right, provided that all other requirements of federal and state law and this Ordinance have been met.
(2) A use listed in any district by the letter "S" is a use that may be permitted by special use permit. Uses permitted by special use permit shall be subject, in addition, to use regulations contained in this Section, to all performance standards and other regulations as specified in other articles herein and all applicable federal and state laws.
(3) A use listed in any district without a letter or a blank space is not permitted.
(4) A use listed in any overlay district by the letter "U" is determined allowable by consulting the underlying zoning district permitted uses.
(5) The laws of the State regarding wetlands, water supply and waste disposal shall be adhered to. No zoning approval shall be issued until approval is obtained from the Rhode Island Department of Environmental Management for sewage disposal where applicable.
(6) Although a use may be indicated as permitted or a special use permit in a particular district, it does not follow that such a use is permitted or permissible on every parcel in such district. No use is permitted or permissible on a parcel unless it can be located thereon in full compliance with all of the performance standards and other regulations of this Ordinance and all applicable federal and state laws applicable to the specific use and parcel in question.
B. Interpretations. The Building Inspector shall render an interpretation of any provision of this Ordinance, including interpretation of any use not expressly mentioned. A request for an interpretation shall be submitted in writing and be subject to the provisions of a zoning certificate. Appeals on interpretations may be taken to the Board as provided for in this Ordinance. The following conditions shall govern the Building Inspector, and the Board on appeals, in issuing interpretations:
(1) No interpretation shall allow the establishment of any use which was previously considered and rejected.
(2) No interpretation shall permit any use in any district unless evidence is presented which demonstrates that it will comply with each limitation established for the particular use and district.
(3) No interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in such district.
(4) If the proposed use is more similar to a use permitted only as a special use permit in the district in which it is proposed to be located, then an interpretation permitting such use shall be conditioned on the issuance of a special use permit.
(5) Any use permitted pursuant to this Section shall fully comply with all requirements and standards imposed by this Ordinance.