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 in accordance with Article
IV of this chapter, except those existent at time of adoption of this chapter.
(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 in accordance with Article
IV of this chapter.
(3) Conditional uses authorized by the Planning Committee 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4) Conditional uses authorized by the Planning Committee shall not be subject to substitution with other conditional uses, either regular or limited, whether of a similar type or not, without Planning Committee approval and the procedures required in Article
IV of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D. Classification of unlisted uses. Any use not specifically listed as a permitted use or a conditional use in the districts established in §
480-14 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 Planning Committee, in accordance with the following procedure:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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 Zoning Board of Appeals
to facilitate the determination.
(2) Investigation. The Zoning Board of Appeals 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 Zoning Board of Appeals 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 §
480-14.
(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.
In addition to all other setback requirements set forth in the
Zoning Code of the City of Colby, there shall be at least a fifty-foot
setback requirement from the high-water mark of any navigable water
unless those building and improvements are to be located on property
annexed by the City of Colby after May 7, 1982. Property annexed after
May 7, 1982, shall be subject to such setback rules as are in effect
and as are enforced by the appropriate regulating authority.