(a)

Permitted uses. These uses are permitted by right subject to the provisions of this chapter.

(b)

Conditional uses. These uses are subject to planning commission approval following a determination of acceptable project impact and imposition of appropriate conditions as provided in sections 58-87—58-89 of this chapter.

(c)

Principal uses. These uses represent the main or primary use of property or structures as permitted by the regulations of the zoning district in which such use is located.

(d)

Accessory uses and structures. These subordinate uses and structures are customarily incidental to and located upon the same lot occupied by the principal use or structure. Any accessory use or structure shall conform to the established regulations of the district in which it is located except as specified below. No accessory use or structure shall be permitted that by reason of noise, dust, odor, appearance, lighting, traffic generation, or other objectionable factors creates a nuisance or a substantial adverse effect upon the property value or reasonable enjoyment of the surrounding property.

(1)

Prior to construction of potential nuisance generating recreational facilities within a residentially zoned district, the applicant/owner must review the proposed recreational facility plans with the building inspector and director of community development. Except as otherwise regulated, the building inspector and director of community development shall determine whether the proposed recreational facility is likely to create a nuisance which would require further administrative review. further administrative review may result in an informal meeting among city staff, adjacent property owners, and the applicant/owner to solicit comments on the proposed recreational facility. If deemed necessary by city staff, ultimate approval of the proposed recreational facility shall be subject to conditional use grant approval by the planning commission. Provisions of this article do not apply to uses normally accessory to residential development.

(2)

In the case of an accessory structure not exceeding 150 square feet in ground area, the setback, offset, height, and open area requirements of the district in which such structure is located may be modified by the building inspector and director of community development upon submittal of structural, site, and operational plans where in the building inspector and director of community development's opinion, no adverse impact would result to surrounding properties from such modification. In granting such modification, the building inspector and director of community development may require such architectural treatment, screening by landscape or architectural means, regulation of lighting, or other measures as they deem necessary as a condition to such modification. Any such modification would be based solely on the unique merits of that particular case and would not set any precedent.

(Code 1957, § 3.03(2)(a)—(d); Ord. No. 2001-1017, § I, 5-8-2001; Ord. No. 2008-1238, § I, 4-8-2008)

These uses are not specifically listed and shall be considered to be prohibited except as may be otherwise specifically provided hereinafter. In case of questions as to the classification of use, the question shall be submitted to the planning commission or city attorney for determination.

(Code 1957, § 3.03(2)(e); Ord. No. 2008-1238, § I, 4-8-2008)

Any temporary use, and structures associated with the use, may be permitted subject to the following:

(1)

The applicant shall submit a project narrative and timeframe of the temporary use.

(2)

A temporary use is limited to nine months or less, unless approved by the planning commission. No temporary use shall be allowed for greater than 18 months.

(3)

The use shall comply with the quantitative technical standards of the zoning district, unless approved by the planning commission.

(4)

The department of community development shall review potential impacts of the use and any associated structures.

(5)

If impacts are identified, staff shall determine the necessary mitigating efforts to resolve the impacts.

(6)

Based on the findings resulting from the analysis listed in [subsections] (1)—(5), staff shall issue a final determination to the applicant. The city may require conditions of approval as deemed necessary.

(7)

Where staff identifies impacts of the use, or any associated structure, which may not be reasonably mitigated, the temporary use shall not be granted unless approved by the planning commission.

(8)

Any person aggrieved by staff's final determination, may petition the decision to the planning commission. There shall be no fee charged for the petition request.

(9)

If the temporary use becomes hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood, or if material problems shall arise with respect to noise, traffic circulation, ingress and egress, parking, unenclosed storage, lighting, maintenance, or any other condition which shall materially threaten health or safety or to become a nuisance condition by determination of the department of community development, the grantee shall correct or improve such condition, and toward that end, the staff, may alter, amend or add reasonable additional conditional user grant conditions in order to ameliorate such effects, or may revoke the temporary use approval.

(Code 1957, § 3.03(2)(f); Ord. No. 96-890, 6-25-1996; Ord. No. 2008-1238, § I, 4-8-2008; Ord. No. 2012-1372, § I, 2-21-2012)

Any use, in any district, which becomes hazardous, harmful, noxious, offensive, or a nuisance to the surrounding neighborhood, may be required to be corrected or eliminated by such measures as are directed by the common council or its authorized representative.

(Code 1957, § 3.03(2)(g))