§ 154.66 SPECIAL EXCEPTIONS.
   (A)   The Board of Zoning Appeals shall have the power in specific cases to hear and to grant or refuse to grant applications, in accordance with the provisions of this Zoning Code and filed as hereinbefore provided, and to authorize or refuse to authorize a building permit or certificate of occupancy for the special exceptions set forth in this section as follows:
      (1)   The special exceptions hereinbefore specified in §§ 154.50 through 154.53 of this Zoning Code.
      (2)   The substitution for a nonconforming use of another nonconforming use which, in the opinion of the Board of Appeals, is of the same or less objectionable nature in respect to its effect on the neighborhood, provided no structural alterations, except such as are required by law or ordinance, are made in any structure.
      (3)   The extension of a nonconforming use throughout a structure manifestly designed for such use, provided no structural alterations, except such as are required by law or ordinance, are made therein.
      (4)   The temporary use of a structure or of land for a period of less than 12 months in any district for a purpose or use which does not conform to the regulations prescribed herein for the district in which it is located, provided that such use be of a true temporary nature and does not involve the erection of substantial structure. A revocable permit for such temporary use may be granted by the Board of Appeals, subject to such conditions as will safeguard the public health, safety, convenience, comfort, and general welfare.
   (B)   The Village Manager shall have the power in specific cases to hear and to grant or refuse to grant applications, in accordance with the provisions of this Zoning Code and filed as hereinbefore provided, and to authorize or refuse to authorize a building permit or certificate of occupancy for certain special exceptions set forth in this section. The Village Manager may, however, exercise discretion and defer such matters to the Board of Appeals. The matters over which the Village Manager may grant applications are as follows:
      (1)   The temporary use of a structure or of land for a period of not more than one week in any district for a purpose or use which does not conform to the regulations prescribed herein for the district in which it is located, provided that such use be of a true temporary nature and does not involve the erection of substantial structures. A revocable permit for such temporary use may be issued by the Village Manager, subject to such conditions as will safeguard the public health, safety, convenience, comfort, and general welfare.
   (C)   In authorizing a special exception pursuant to this section, the Board or the Village Manager may attach thereto such conditions or requirements, governing the location, character, or other features of the proposed structure or use, and its maintenance, occupancy, or operation as the Board may deem necessary in furtherance of the purpose of this Zoning Code.
('69 Code, § 151.66) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90; Am. Ord. 2021-9, passed 8-9-21)
Cross-reference:
   Exceptions and modifications, see §§ 154.50 through 154.53