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, recommendation by the Plan Commission and approval by Common Council in accordance with Article
V of this chapter, excepting those existent at the time of adoption of this chapter.
(2) Proposed change from permitted use in a district to conditional use shall require review, public hearing, recommendation by the Plan Commission and approval by the Common 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, recommendation by the Plan Commission and approval by the Common Council in accordance with Article
V of this chapter.
(4) Conditional uses authorized by Common 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.
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.
(1) Uses not specified in this chapter which are found by the Common
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 which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Common 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, sanatoriums 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 chapter and may
be erected in accordance with other regulations or codes of the City.
C. Residences in a 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 requirement 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.