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) Classes of conditional uses. Conditional uses may
be denominated either "regular" or "limited."
(2) General conditional use provisions. Provisions applicable
to conditional uses generally:
(a)
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Town Board in accordance with Article
V of this chapter, excepting those existent at time of adoption of the Zoning Code.
(b)
Those existing uses which are classified as
conditional uses for the district(s) in which they are located at
the time of adoption of the Zoning Code require no action by the Town
Board for them to continue as valid conditional uses, and the same
shall be deemed to be regular conditional uses.
(c)
Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the Town Board in accordance with Article
V of this chapter.
(d)
A conditional use(s), when replaced by a permitted use(s), shall terminate. In such case, the reestablishment of any previous conditional use(s) or establishment of a new conditional use shall require review, public hearing and approval by the Town Board in accordance with Article
V of this chapter.
(e)
Provisions in this chapter relating generally
to conditional uses shall, except when in conflict with specific provisions
relating to either regular or limited conditional uses (which specific
provisions would then control), be deemed to be applicable to both
regular and limited conditional uses.
(f)
Alteration or modification of any condition of an existing permit may be allowed only in accordance with the requirements in Article
V of the Zoning Code.
[Added 10-4-2006 by Ord. No. 2006-11]
(3) Regular conditional use provisions. Provisions applicable
specifically to regular conditional uses:
(a)
Regular conditional uses, either allowed by
action of the Town Board or existent at time of adoption of the Zoning
Code, unless the permit specifically provides otherwise, shall not
lapse and shall survive vacancies and/or change of ownership or operator
of the property to which the conditional use pertains. However, in
order for such change of ownership or operator of a regular conditional
use permit to be valid it shall require the permit to be transferred
to a new owner or operator upon submittal to the Town Board of a certification
in writing by the new permit holder that all conditions of the permit
will be complied with. The transfer is not valid until accepted by
the Town Board that all conditions of the permit will be complied
with by the new permit holder.
[Amended 10-4-2006 by Ord. No. 2006-11]
(b)
See Subsection
C(2)(b) above as to conditional uses existent at time of adoption of this Zoning Code being deemed to be regular conditional uses.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
(4) Specific limited conditional use provisions. Provisions
applicable specifically to limited conditional uses:
(a)
Limited conditional uses authorized by Town
Board 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.
(b)
Limited conditional uses authorized by the Town Board shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Board approval and the procedures required in Article
V of this chapter.
D. Uses not specified in Zoning Code. Uses not specified
in this Zoning Code which are found by the Town Board, following recommendation
from the Plan Commission, to be sufficiently similar to specified
principal or conditional uses for a district may be allowed by the
Town Board.
[Amended 10-4-2006 by Ord. No. 2006-11]
E. 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 Board of Appeals after the Town Plan Commission has
made a review and recommendation.
[Amended 6-6-2001 by Ord. No. 2001-9]
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. Height limitations. The height limitations stipulated
elsewhere in this chapter may be exceeded, but such modification shall
be in accord with the following:
[Amended 10-4-2006 by Ord. No. 2006-11]
(1) Architectural projections, such as spires, belfries,
parapet walls, cupolas, domes, flues and chimneys, shall not exceed
in height their distance from the nearest lot line but shall not exceed
50 feet.
(2) Special structures, such as elevator penthouses, gas
tanks, grain elevators, scenery lofts, radio and television receiving
antennas, manufacturing equipment and necessary mechanical appurtenances,
cooling towers, fire towers, substations and smokestacks, shall not
exceed in height their distance from the nearest lot line.
(3) Essential services, utilities, water towers, and electric
power and communication transmission lines are exempt from the height
limitations of this chapter. All new and replacement electric and
telecommunications distribution and service lines shall be located
underground when economically feasible.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No.
2009-9]
(4) Communication structures, such as radio and television
transmission and relay towers, aerials, and observation towers, shall
not exceed in height their distance from the nearest lot line.
(5) Agricultural structures, such as barns, silos, tanks
and windmills, shall not exceed in height their distance from the
nearest lot line.
B. Lots on two streets. Where a lot abuts on two or more
streets having different average established grades, the higher of
such grades shall control only for a depth of 120 feet from the line
of the higher average established grade.
C. Occupation of undersized lots. Where a lot has an area less than the minimum number of square feet required for the district in which it is located and was of record as such at the time of the passage of this Code, such lot may be occupied subject to the requirements of Article
VI, Nonconforming Uses, Structures and Land, of this Zoning Code.
[Amended 10-4-2006 by Ord. No. 2006-11]
D. Fire facilities. 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.