Only the following uses and their essential
services may be allowed in any district:
A. Permitted uses. Permitted uses, being the principal
uses specified for a district.
B. Accessory uses. Accessory uses and structures as specified
are permitted in any district but not until their principal structure
is present or under construction.
C. Conditional uses.
(1) Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the City Council in accordance with Article
V of this chapter, excepting those existent at time of adoption of the Zoning Code.
(2) Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the City Council in accordance with Article
V of this chapter.
(3) Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval by the City Council in accordance with Article
V of this chapter.
(4) Conditional uses authorized by City Council resolution
shall be established for a period of time to a time certain or until
a future happening or event at which the same shall terminate. A change
in ownership typically terminates a conditional use permit, necessitating
reapplication.
D. Temporary uses. Temporary uses, such as real estate
sales field offices or shelters for materials and equipment being
used in the construction of a permanent structure, may be permitted
by the Zoning Administrator.
E. Uses not specified in code.
(1) Uses not specified in this chapter which are found
by the City Council to be sufficiently similar to specified permitted
uses for a district shall be allowed by Zoning Administrator.
(2) Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the City Council after consideration and recommendation by the Plan Commission, public hearing and approval in accordance with Article
V of this chapter.
The regulations contained herein relating to
the height of buildings and the size of yards and other open spaces
shall be subject to the following exceptions:
A. Churches, schools, hospitals, sanitoriums and other
public and quasi-public buildings may be erected to a height not exceeding
36 feet or three stories, provided that the front, side and rear yards
required in the district in which such building is to be located are
each increased at least one foot for each foot of additional building
height above the height limit otherwise established for the district
in which such building is to be located.
B. Chimneys, cooling towers, elevator bulkheads, fire
towers, monuments, penthouses, stacks, scenery lofts, tanks, water
towers, ornamental towers, spires, wireless, television or broadcasting
towers, masts or aerials, microwave radio relay structures, telephone,
telegraph and power poles and lines and necessary mechanical appurtenances
are hereby excepted from the height regulations of this code and may
be erected in accordance with other regulations or codes of the City.
C. Residences in the residence district may be increased
in height by not more than 10 feet when all yards and other required
open spaces are increased by one foot for each foot that such building
exceeds the height limit of the district in which it is located.
D. Buildings on through lots and extending from street
to street may have waived the requirements for a rear yard by furnishing
an equivalent open space on the same lot in lieu of the required rear
yard, provided that the setback requirements on both streets are complied
with.
E. Every part of a required yard shall be open to the
sky, unobstructed, except for accessory buildings in a rear yard and
the ordinary projections of sills, belt courses, cornices and ornamental
features projecting not more than 24 inches.
F. Open or enclosed fire escapes and fire towers may
project into a required yard not more than five feet and into a required
court not more than 3 1/2 feet, provided that they are so located
as not to obstruct light and ventilation.
No lot, yard, parking area, building area or
other space shall be reduced in area or dimensions so as not to meet
the provisions of this chapter. No part of any lot, yard, parking
area or other space required for a structure or use shall be used
for any other structure or use.