(a) Conditional uses within city. The listed uses in this section, being generally possible of classification in more than one use district, may be authorized in any use district, unless otherwise limited herein, under the conditions and in the manner prescribed in § 1105.02.
(1) Letter “A”. Any place of organized or unorganized religious observance, worship, instruction or meeting place or any place where educational, religious or other instruction, whether public or private, is given, or any place used as a residence or domicile of persons of any religious order or sect; apartment houses limited to occupancy by persons qualified as elderly, that is 62 years of age and older.
(2) Letter “B”. Bookstore.
(3) Letter “C”. Cemetery; church; condominiums.
(4) Letter “D”. Coin-operated dry cleaning units in a U3, U4 or U5 Use District, provided that no coin-operated, dry cleaning units shall be approved as a conditional use if located in any building or premises containing dwelling units and no coin-operated dry cleaning units shall be approved as a conditional use unless a competent trained operator is present on the premises at all times that such premises are open for business.
(5) Letter “E”. Electric substation. This use shall be granted only in a U3, U4, U5 or U6 Use District.
(6) Letter “F”.
(7) Letter “G”. Gasoline and oil filling station, battery or tire service station and, as accessory thereto, automobile service and repairs, but specifically excluding any body work, electric or gas welding, brush or spray painting, or any repairs requiring complete or partial disassembly of the engine, transmission, differential, cooling system, except for hose and fan belt replacement, and electrical system except for bulb, fuse or spark plug replacement; garage or repair shop for motor vehicles as defined by § 1123.01(d) when proposed in a U3 District.
(8) Letter “H”. Hospital.
(9) Letter “I”.
(10) Letter “J”.
(11) Letter “K”.
(12) Letter “L”.
(13) Letter “M”. Metal buildings, nonmasonry buildings, except frame construction of one- and two-family homes or private garages accessory to one- or two-family homes.
(14) Letter “N”. Nursery, day school, kindergarten or other home or institution where children are kept day or night.
(15) Letter “O”.
(16) Letter “P”. Pawn shop; off-street open-air vehicular parking facilities as an accessory use but not permitted pursuant to § 1143.01(f) and other pertinent sections of this zoning ordinance, or off-street open-air vehicular parking facilities not as an accessory use; philanthropic or eleemosynary use or penal or correctional institution; private park, playground, recreation building; public library; public or private school; private tennis court; swimming pools. Notwithstanding the foregoing provisions of this section, no swimming pool shall be approved as a conditional use in a U1 Use District except a private swimming pool all portions of which, including appurtenances, are located at least 50 feet from any property line of the lot upon which such private swimming pool is located and at least 40 feet towards the rear from any setback line of such lot. Notwithstanding the foregoing limitations, the Board of Zoning Appeals and Council may reduce such 50-foot requirement to not less than 15 feet if consents of the owners and lessees of all properties contiguous to the property upon which such pool is proposed to be constructed and consents of the owners and lessees of any other properties within 50 feet of any portion of such proposed pool, including appurtenances, are filed with the city. Such consents shall be executed and filed on forms prepared and approved by the Board of Zoning Appeals.
(17) Letter “Q”.
(18) Letter “R”. Railway, rapid transit or motor bus passenger station, service building or yard.
(19) Letter “S”. Sanitarium, convalescent home, nursing home, rest home or home
for the aging, including any institution or home of refuge, care or rest for destitute, infirm, convalescent, aged or other persons requiring unusual care or public or private care or assistance.
(20) Letter “T”.
(21) Letter “U”.
(22) Letter “V”.
(23) Letter “W”.
(24) Letter “X”.
(25) Letter “Y”.
(26) Letter “Z”.
(27) Any use or occupancy not included in a U1, U2, U3, U4, U5 or U6 Use District.
(b) Conditional uses in certain districts.
(1) The following uses shall be considered conditional uses but shall not be approved as conditional uses in a U1 or U2 Use District: community center building; funeral home; hotel, motel, motor court or tourist home, or similar buildings or parts thereof kept, used, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests, in which five or more rooms are used for the accommodation of such guests; institution for the insane or feeble-minded; museum; philanthropic or eleemosynary use or penal or correctional institution; stamping, drawing, pressing, shearing or punching metal; undertaking establishment; outdoor or indoor used automobile sales facilities; indoor sales facilities for used or secondhand merchandise of any kind or sort including clothing, jewelry, tools, furniture or furnishings.
(2) The following uses shall be considered conditional uses but shall not be approved as conditional uses in a U1, U2, U3 or U6 Use District: billboard, signboard or advertising sign other than political signs or posters or signs accessory to a business; car washing as a principal business; open-air lots for the sale of materials, supplies or equipment (new or used); pawn shop; outdoor or indoor new or used trailer sales facilities; outdoor sales facilities for used or second hand merchandise of any kind or sort including clothing, jewelry, tools, furniture or furnishings; veterinary hospital; water supply reservoir or tower; drive-in restaurant.
(3) The following uses shall be considered conditional uses but shall not be approved as conditional uses in a U1, U2, U3, U4 or U6 Use District: assaying (other than gold or silver); carbon battery or electric lamp manufacture; chemicals manufacture, other than chemicals included in other classes; cellulose material manufacture other than nitrate; rubber manufacture from crude or scrap material; dyes manufacture; enameling (other than jewelry); japanning; oil cloth or linoleum manufacture; enamel, japan, lacquer, oil paint, shellac or varnish manufacture; oil compounding or barreling; printing ink manufacture; railroad spur to be used in connection with any Class U5 use; central station light or power plant; coal car trestle, coal hoist, pocket or open storage where coal is consumed on the premises; crematory.
(4) The following uses shall be considered conditional uses but shall not be approved as conditional uses in a U1, U2, U3 or U6 Use District: electroplating; galvanizing; garage or repair shop for motor vehicles, such repairs including body work, body painting and general welding, provided that such work is performed within a service building and that no vehicles being repaired shall be parked outside of such building; ice cream manufacture; hand laundry; job printing; newspaper printing; railroad spur to be used in connection with any Class U4 use.
(5) Shared housing facilities limited to adult group homes and residential facility group homes shall be considered conditional uses in the U2 District only, and shall be approved as a conditional use in the U2 District only when the Board of Zoning Appeals and City Council determines the proposed use complies with the requirements set forth in § 1125.10.
(Ord. 4761, passed 11-17-1953; Ord. 5104, passed 4-8-1958; Ord. 5378, passed 2-27-1962; Ord. 5379, passed 2-27-1962; Ord. 5531, passed 2-11-1964; Ord. 5547, passed 4-21-1964; Ord. 5805, passed 4-1-1967; Ord. 6134, passed 5-19-1970; Ord. 6354, passed 5-16-1972; Ord. 6575, passed 4-2-1974; Ord. 6719, passed 4-29-1975; Ord. 30-07, passed 9-4-2007; Ord. 96-08, passed 12-2-2008)