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 Common Council in accordance with Article
V of this chapter, excepting those existent at time of adoption of the Zoning Code.
(2) 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 Common Council in accordance with Article
V of this chapter.
(3) Conditional uses authorized by the Common Council 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.
(4) Conditional uses authorized by the Common Council shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Common Council approval and the procedures required in Article
V of this chapter.
D. Classification of unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in §
450-13 shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of question as to the classification of an unlisted use, the question shall be submitted to the Zoning Board of Appeals for determination, following a recommendation from the Common Council, in accordance with the following procedure:
(1) Application. Application for determination for classification of
an unlisted use shall be made in writing to the Zoning Administrator
and shall include a detailed description of the proposed use and such
other information as may be required by the Common Council to facilitate
the determination.
(2) Investigation. The Common Council shall make or have made such investigations
as it deems necessary in order to compare the nature and characteristics
of the proposed use with those of the uses specifically listed in
this chapter and to recommend its classification.
(3) Determination. The determination of the Zoning Board of Appeals shall be rendered in writing within 60 days from the application and shall include findings supporting the conclusion. The Common Council shall determine if the classification of the unlisted use is a permitted use, conditional use or prohibited use in one or more of the districts established in §
450-13.
(4) Effective date of determination. At the time of this determination
of the classification of the unlisted use by the Zoning Board of Appeals,
the classification of the unlisted use shall become effective.
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.