(a) Uses Generally. The interpretation of the uses set forth in subsections (b) through (d) hereof shall be as defined in Section 1260.02. Any use not specifically listed or interpreted by the Board of Zoning Appeals to be included categorically under this section and Section 1260.02 shall not be permitted except by amendment to this Zoning Code.
(b) Use Classifications. Within the Residence District, no building or premises shall be erected, used, or arranged or designed to be used, in whole or in part, for other than one or more of the following specified uses:
(1) Single-family dwellings.
(2) Municipal buildings.
(3) Parks and park buildings or structures approved by the Planning Commission.
(c) Accessory Uses. The following accessory uses are permitted within the Residence District, at such times as the main building has been built or is in the actual process of being built:
(1) Private garages and such other structures as are customarily incident to and located on the same lot with the main use or building.
(2) Real estate signs aggregating not over six square feet in area and not more than one sign for each lot or parcel, advertising only the sale, rental or lease of the building or premises on which they are maintained. One such sign shall be allowed to front on each road on which the lot line is co-terminus. Signs containing only the name and address of an occupant of the premises, aggregating not over two square feet, lighted only by indirect lighting, shall be permitted. Nothing herein shall be construed to prohibit the erection and maintenance of signs relative to trespassing or hunting on the premises of the owner or lessee thereof.
(3) Plant cultivation.
(4) Private swimming pools.
(d) Conditional Uses.
(1) The following conditional uses require Planning Commission approval:
A. Public service facilities.
B. Noncommercial recreational facilities.
C. Home occupations.
D. Public uses.
E. Semipublic uses.
(2) A conditional use permit shall be obtained as follows:
A. Application for a conditional use permit shall be made by the owner, lessee or developer of a property to the Planning Commission and shall consist of such plans and/or drawings and/or statements as are necessary to fully describe all elements of the proposed use. Such data supplied with the permit application shall describe in detail the proposed use to the extent that the Commission can have no doubt as to the development of the proposed use and can determine its effect upon surrounding properties, and, further, can evaluate its effect upon traffic, fire hazards, public utilities and the public health, safety and welfare.
B. Conditional uses shall not be expanded or modified unless a new permit is issued after following the aforesaid procedure.
C. An application for a conditional use permit shall not be approved unless the Commission finds that it complies with the following conditions and standards:
1. The proposed use would be properly located in relation to any adopted land use and street plan, particularly in proper relation to the secondary and local streets and pedestrian circulation pattern.
2. The proposed use would generate only a minimum of traffic through a residential neighborhood if located along a local street.
3. The proposed use is necessary to serve the surrounding residential areas, which neighborhoods cannot be served satisfactorily if the same use is located in a nearby, less restrictive district where it may be permitted by right.
4. The location, design and operation of such use would not discourage or interfere with the appropriate development or impair the value of the surrounding Residence District.
D. The Planning Commission shall make a determination based on the information available or it may request additional information. If approved, the Commission shall set forth any specific terms, conditions and safeguards that shall be required so that the proposed use will conform to the intent and standards of the District, and it shall instruct, in writing, the Building Inspector to issue a conditional use permit, which shall be posted and openly displayed on the premises for which the conditional use permit has been issued. The Council shall be notified of any such action.
E. The approval of a conditional use permit shall become null and void if it is not used within a six-month period after the date of approval. The Municipality may revoke a conditional use permit upon written evidence by any citizen or official of violations of this Zoning Code and/or the written terms and conditions upon which approval was granted. A conditional use permit shall not be transferred to another owner or lessee of such use.
(3) After the effective date of this Zoning Code, an application for a conditional use permit may be submitted by an owner for any existing use requiring such permit, and it shall be issued subject to approval based on the standards set forth in this subsection (d). (Ord. 1965-6. Passed 8-10-65.)