(a) Conditional Uses; Special Exceptions and Interpretation of Zoning Maps. The Board of Zoning Appeals shall have the power to hear and decide, in accordance with the provisions of this Zoning Code, applications, filed as hereinbefore provided, for conditional uses, for interpretation of the Zoning Map, or for decisions upon other special questions on which the Board is authorized by this Zoning Code to pass. In considering an application for a conditional use 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, 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 Code, for the particular conditional use, 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 hereinbefore specified, the Board shall have the power to permit the following conditional uses and special exceptions:
(1) Nonconforming uses; substitution. The substitution of a nonconforming use existing at the time of enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966), by another nonconforming use, if no structural alterations, except those required by law or resolution, are made, provided, however, that in an R-District no change shall be authorized by the Board to any use which is not a permitted or conditional use in any R-District, and in a B-District no change shall be authorized to any use which is not a permitted or conditional use in any B-District;
(2) Nonconforming uses; extension. The extension of a nonconforming building upon the lot occupied by such building, or on an adjoining lot; provided that such lot was under the same ownership as the lot in question at the time the use of such building became a nonconforming use; and provided that the value of such extension does not exceed in all twenty-five percent of the assessed valuation for tax purposes of the existing building devoted to a nonconforming use, and that such extension is within a distance of not more than fifty feet of the existing building or premises; and provided, further, that such extension shall in any case be undertaken within five years of the enactment of this Zoning Code (Ordinance 1420, passed February 28, 1966); and provided, still further, that the Board shall not authorize any extension or enlargement which would result in extending the useful life of a nonconforming building, or which would result in violation of the provisions of this Zoning Code with respect to any adjoining premises;
(3) Extension of use on border of district. The extension of a use or building into a more restricted district immediately adjacent thereto, but not more than twenty-five feet beyond the dividing line of the two districts, under such conditions as will safeguard development in the more restricted district;
(4) Conditional industrial uses. Permitting in such parts of any M-2 District which are more than 500 feet distant from any residence district, and more than 200 feet from every other district except an M-1 District, any of the industries or uses listed in Section 1268.02. In doing so, the Board may require the installation, operation and maintenance, in connection with the proposed use, 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 as will tend to prevent or reduce the harm which might otherwise result from the proposed use of surrounding properties and neighborhoods;
(5) Temporary structures and uses. The temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Code 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. 1420. Passed 2-28-66.)