Only the following uses and their essential
services may be allowed in any district:
A. Principal/permitted uses. Only those principal uses
specified for a district (sometimes referred to as a "permitted use"),
their essential services and the following uses shall be permitted
in that district. The principal/permitted dwelling unit shall exist
on the parcel before any other permitted or accessory uses or structures
are allowed; this limitation shall not be applicable in the M-1, P-1
or I-1 District.
B. Accessory uses.
(1) Accessory uses and structures are permitted in any
district but not until their principal structure is present or under
construction. Residential accessory uses shall not involve the conduct
of any business, trade or industry, except home occupations and professional
home offices as defined in this chapter. In all residential and country
estate districts, the principal residence shall be present prior to
the placement of any other permitted or accessory uses/structures.
(2) A permitted permanent accessory structure may not
include tents or fabric enclosures with wooden, plastic, or metal
beams, poles or supports. These structures may be installed for temporary
use of no more than 30 days. Any use of longer than 30 days will require
a variance and building and zoning permits.
C. General conditional use provisions. Provisions applicable
to conditional uses generally:
(1) 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
IV of this chapter, excepting those existent at time of adoption of the Zoning Code.
(2) Those existing uses which are classified as conditional
uses for the district(s) in which they are located at the time of
adoption of this chapter require no action by the Town Board for them
to continue as valid conditional uses.
(3) Proposed changes from a permitted use in a district to conditional use shall require review, public hearing and approval by the Town Board in accordance with Article
IV of this chapter.
(4) A conditional use(s), when replaced by a permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of a new conditional use(s) shall require review, public hearing and approval by the Town Board in accordance with Article
IV of this chapter.
(5) Regular conditional uses, either allowed by action of the Town Board or existent at time of adoption of this chapter, shall be lapsing and shall not survive vacancies and change of ownership of the properties where located and be subject to substitution with other conditional use(s) of the same or similar type without Town Board approval. A change to a conditional use of other than the same or similar type shall require procedures and approval in accordance with Article
IV.
D. Uses not specified.
(1) Uses not specified in this chapter which are found
by the Town Board to be sufficiently similar to specified permitted
uses for a district shall be allowed, following recommendation from
the Plan Commission.
(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 Town Board after consideration and recommendation by the Plan Commission, public hearing and approval in accordance with Article
IV of this chapter.