(A) No portion of a refuse collection and disposal site property that is occupied for refuse collection and disposal site purposes may be located closer than the following distances:
(1) From the right-of-way line of a public road or highway: 500 feet;
(2) From side boundary lines not bordering a right-of-way of a public road or highway: 500 feet;
(3) From any land owned or leased by a government agency for recreation, open space, conservation or related purposes: 1,000 feet;
(4) From a residence, retail business, school, hospital, church or other institutional facilities: 1,000 feet, unless from the evidence submitted the Board concludes that the proposed method of screening the refuse collection and disposal site would effectively prevent the site from being detrimental to or detracting from the value of every such use.
(B) Upon a finding of unnecessary hardship pursuant to § 50.35(B)(7), the Board may, in the case of a nonconforming refuse collection and disposal site:
(1) Authorize a permanent setback variance from any permanent structure;
(2) Establish permanent setback lines less stringent than those specified in division (A) of this section, provided that the setbacks shall conform as nearly as is reasonably possible under the circumstances to the setbacks specified in division (A) of this section.
(1986 Code, § 260-19) (Ord. —, passed 7-19-1988; Am. Ord. —, passed 10-12-1993)