§ 152.029 CONTINGENT USES.
   (A)   The contingent uses hereinafter set forth shall be permitted by the Board, only after public hearing, in any district where the uses are essential or desirable to the public convenience or welfare, or if the refusal of this permit would create an undue hardship on the applicant. No permit for a contingent use shall be granted if the Board shall find that the use is in conflict with any plan duly adopted by ordinance, or if the Board determines the proposed use will be detrimental to the surrounding area. In the exercise of its approval, the Board may impose additional conditions regarding the location, character, and other features of the proposed building, structure, or use as may be reasonably required to further the purposes of this chapter.
   (B)   All contingent uses which existed upon the effective date of this chapter shall be regarded as conforming uses and may be continued, except that major changes in layout, expansions or extension to those uses shall be subject to Board review and approval as required for contingent use.
   (C)   Permitted contingent uses are identified as follows:
      (1)   An airport or similarly designed area for the landing and taking off of aircraft, with the following provisions:
         (a)   The proposed location has been approved by the Commission as to compatibility with the Master Plan for the physical development of the city.
         (b)   The area and the arrangement of all improvements shall be sufficient, for the class of airport proposed, to meet the requirements of the Federal Aviation Agency, the Aeronautic Administration of Indiana, and any other rightfully involved governmental agency.
         (c)   Any proposed buildings, hangars, or other structures shall be at least 100 feet from any street or lot line.
         (d)   No application shall be considered unless it is accompanied by a plan, drawn to scale, showing the proposed location of the airport; boundary lines; dimensions; names of owners of abutting properties; proposed layout of runways, landing strips or areas, taxi strips, aprons, roads, parking areas, hangars, buildings, and other structures and facilities; the location and height of all buildings, structures, trees and overhead wires falling within the airport approach zones and less than 500 feet distant from the boundary lines of the airport; other pertinent data, such as topography and grading plan, drainage, water and sewerage, and the like.
      (2)   Cemetery.
      (3)   Governmental installation not otherwise permitted.
      (4)   A hospital, nursing home, sanitarium or asylum which does not treat mental, drug or alcoholic patients.
      (5)   Medical health center or clinic, with parking provided as specified by this chapter.
      (6)   Public utility facilities such as radio and television transmitter stations and towers; petroleum and natural gas transmission lines, pumping stations and facilities; electric substations and telephone exchanges where not otherwise permitted by this chapter; railroad lines; classification yards and terminals; and other similar uses of a public utility or public service nature, including structures and appurtenances for their enclosure, maintenance and operation.
      (7)   Educational institution, including churches.
      (8)   Fairgrounds.
      (9)   Nonprofit recreational establishments or uses.
      (10) Private school.
      (11) Golf course.
(Ord. 466, § 2-4-2, passed 5-11-98) Penalty, see § 152.999