Table No. 5 indicates those use groups which are permitted uses and allowed as general development (see §§ 155.160 through 155.171). The use groups permitted within a district are marked with a "P."

('69 Code, § 7-15.01)

   (A)   Table No. 5 Schedule of Use Regulations indicates those use groups which are allowed as special development for a conditional use (see §§ 155.185 through 155.189). The use groups allowed as conditional uses within a district are marked with an "S."

   (B)   In the Flood Hazard District, the Commissioner of Natural Resources must receive a copy of an application for conditional use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. A copy of all decisions granting a conditional use in a Flood Hazard District shall be forwarded to the Commissioner of Natural Resources within ten days of such action.

   (C)   In the Shoreland District, the Commissioner of Natural Resources must receive a copy of a hearing notice for a conditional use at least ten days prior to the hearing. A copy of all decisions granting a conditional use in the Shoreland District shall be forwarded to the Commissioner of Natural Resources within ten days of such action.

('69 Code, § 7-15.02)

   Uses are shown on the Table of Use Groups (following Table 5 in Appendix E).

   (A)   Additional uses. Uses, other than those specifically mentioned in the title as permitted or conditional uses in each of the districts, may also be allowed therein, provided that, in the judgement of the Council, acting upon recommendation of the Commission, as evidenced by resolution of record, such other uses are of similar character to those mentioned and will have no adverse influence or no more adverse influence on adjacent properties or the Commission, may also specifically prohibit a use not specifically identified in this title from any district by resolution.

   (B)   Harmonious uses required. The use groups indicated similar or harmonious uses and shall serve as a guide to whether specific uses not listed should be permitted or prohibited within a use group and thus be allowed within a district.

('69 Code, § 7-15.03) Penalty, see § 155.999

   The following uses shall be considered conditional uses where zoning districts adjoin:

   (A)   Residential use in a residential district. In any residential district, a transitional use may be permitted as a conditional use on the parcel where the side lot adjoins directly, or is across an alley from, a less restrictive residential district. Any transitional use shall be a use listed as a permitted or conditional use in the less restrictive district, and shall meet the requirements of either district as the Commission shall elect. (Note: This division shall not apply to mobile homes, or to any business uses, except offices.)

   (B)   Commercial use in a residential district.

      (1)   In any residential district a transitional use may be permitted as a conditional use on the parcel where the side lot adjoins directly, or would adjoin except for the presence of an alley, a B-1, B-2, B-3 or B-4 District.

      (2)   In cases where there is an existing building which is being used or has been used for commercial purposes within the previous five years from the date of application, a transitional use may also be permitted as a conditional use on the parcel where the lot would adjoin a B-1, B-2, B-3 or B-4 District except for the presence of a street. In such cases no expansion of the commercial building shall be permitted, and if the building is deteriorated, damaged or destroyed by any means to an extent of more than 50% of its replacement cost exclusive of foundations, then such conditional use shall not be approved, and if such conditional use has previously been approved for such property, then it shall automatically expire.

      (3)   Any transitional use shall be a use listed as a permitted or conditional use in the B District adjoined, and shall meet the requirements of either district, as the Commission shall elect.

   (C)   Industrial use in a business district. In any business district a transitional use may be permitted as a conditional use on the parcel where the side lot adjoins directly, or is located across the alley from,

an M-1 or M-2 District. Any transitional use shall be a use listed as a permitted or conditional use in the M District adjoined, and shall meet the requirements of either district as the Commission shall decide.

   (D)   Commercial use in a commercial district. In any business district, a transitional use may be permitted as a conditional use on the parcel where the side lot adjoins, or is located directly across the alley from a less restrictive business district. Any transitional use shall be a use listed as a permitted or conditional use in the adjoining district and it shall meet the requirements of either district as the Commission shall elect.

('69 Code, § 7-15.04) (Am. Ord. 861, passed 4-27-98)

   Except as otherwise provided below, accessory uses shall be permitted in each district where they are incidental to the uses therein.

   (A)   Accessory uses in residential districts shall be permitted according to the terms of § 155.075, and according to the terms of division (B) below of this section.

   (B)   The following accessory uses shall not be allowed unless they comply with the following conditions and requirements.

('69 Code, § 7-15.05) (Am. Ord. 888, passed 12-13-99; Am. Ord. 1023, passed 2-9-09) Penalty, see § 155.999

   The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this title, and only when the resulting occupancy will comply with other requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-street parking. The aforesaid requirements with respect to lot coverage, yards and other open spaces, shall not apply if:

   (A)   No major exterior structural changes are made,

   (B)   Any shortage as to coverage, yards and open spaces will not be more than 10% of the required dimensions or areas, and

   (C)   The conversion will result in a lot area per dwelling unit not more than 20% less than the requirement for new buildings in the district.

('69 Code, § 7-15.06) Penalty, see § 155.999