1127.06 POWERS OF THE BOARD OF ZONING AND BUILDING APPEALS.
   The Board of Zoning and Building Appeals shall have the powers granted in Sections 1127.06 through 1127.09 and their respective subparagraphs as follows:
   (a)   Conditional Uses, Special Exceptions and Interpretation of Zoning Map. The Board shall have the power to hear and decide, in accordance with the provisions of this Zoning Ordinance, applications, filed as hereinbefore provided, for conditional uses, special exceptions or for interpretation of the Zoning Map, or for decisions upon other special questions upon which the Board is authorized to pass by this Zoning Ordinance. In considering an application for a conditional use, a special exception or interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a conditional use or special exception, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this Zoning Ordinance for the particular conditional use or special exception-as the Board may deem necessary for the protection of adjacent properties and the public interest.
   (b)   Other Conditional Uses. In addition to permitting the conditional uses and special exceptions hereinbefore specified, the Board shall have the power to permit the following conditional uses and special exceptions:
      (1)   Nonconforming uses; substitutions. The substitution of a nonconforming use existing at the time of enactment of this Zoning Ordinance, by another nonconforming use, if no structural alterations, except those required by law or resolution, are made; provided, however, that in any R District no change shall be authorized by the Board to any use which is not a principal permitted or conditional use in any R District, and in B District no change shall be authorized to any use which is not a principal permitted or conditional use in any B District.
      (2)   Conditional industrial uses. Permitting in such parts of any M-2 Districts as are more than 600 feet distant from any R District, and more than 200 feet from every other district, any of the industries or uses listed in the M-2 District. In authorizing such use, the Board may require the installation, operation and maintenance of such devices or such methods of operation as may, in the opinion of the Board, be reasonably required to prevent or reduce fumes, gas, dust, smoke, odor, water-carried waste, noise, vibration or similar objectionable features, and may impose such conditions regarding the extent of open spaces between such industries or uses and surrounding properties as will tend to prevent or reduce the harm or nuisance which might otherwise result from the proposed use of surrounding properties and neighborhoods.
      (3)   Temporary structures and uses. The Board may authorize the temporary use of a structure or premise in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Ordinance for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than a twelve month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
         (Ord. 21-67. Passed 12-4-67.)