Zoning: Listing Allowed Uses Rather Than Prohibited Uses

The Harbor Zoning Discussion raised the question regarding listing “prohibited” uses in the zoning by-law. The Dennis Zoning By-law lists allowed uses and includes a specific reference that uses not identified in the use table are prohibited.  The idea behind this is, it is quite impossible to list every possible land use especially ones not yet thought of.

We will focus the next meeting on creating this prohibited use list. Obviously we would start with the current Dennis Use Table. Interestingly, where we are already would suggest everything in the current use table that we did not identify in the first meeting would fall into the category of being prohibited.

So, as we venture down this path of zoning based upon prohibition, let me toss out a few obscure land uses everyone should be aware of: hookah lounge; internet cafe; movie production studio; zoo.

In the end, while this exercise may prove educational, what is brought to town meeting will not open the door to a composting facility locating on the waterfront.

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2 thoughts on “Zoning: Listing Allowed Uses Rather Than Prohibited Uses

  1. Phil McCarthy

    Creating a list of prohibited uses for a new marine or harbor zone is a useless exercise. It is established zoning practice to create a table of uses that are either allowed as of right or by special permit and state that all uses not appearing in the table are prohibited. The few uses listed as examples of prohibited uses that might be among the hundreds or thousands considered aptly exhibits the absurdity of such an approach. That time would be wasted engaging in such an exercise seems to have escaped the reasoning of those pushing for such a list. I will not waste my time in this follly. If this process is to have credibility it must be conducted reasonably and not engage in useless exercises.
    I may return to participating in these meetings if sanity returns to the process.

  2. Daniel Fortier Post author

    Phil, I have taken many training sessions dealing with conflict resolution, while I agree, and stated at the meeting, the ultimate resolution is a listing of allowed and Special Permit uses, we need this discussion to gain the light of day. I urge you to stay involved, we need both sides of the discussion represented.

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