§ 153.125  EXCEPTIONS.
   The Council may authorize, by ordinance and after hearing and report by the Board, the following exceptions to the terms of this Zoning Code:
   (A)   Permit the extension of a district where the boundary line of a district divides a lot in a single ownership at the time of the adoption of the Zoning Code.
   (B)   Interpret the provisions of the Zoning Code in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts adopted by reference and made a part of the Zoning Code where the street layout actually on the ground varies from the street layout as shown on the map.
   (C)   Permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the Council determines reasonably necessary for the public convenience or welfare.
   (D)   Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 60% of its reproduction value, where the Council finds some necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.
   (E)   Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
   (F)   Permit an off-street parking area in an R-4 District where this would relieve traffic congestion on the streets; provided, such parking area conforms to the following conditions:
      (1)   The entire area is located within 200 feet of a C-1, C-2, or C-3 District, exclusive of any publicly dedicated right-of-way.
      (2)   The area shall be used exclusively for the parking of vehicles belonging to invitees of the owner or lessee of the lot.
      (3)   Walls, fencing, or planting shall be provided to protect and be in harmony with surrounding residential property.
      (4)   The parking area shall not include any required front yard in the district in which it is located.
      (5)   All driveways and the area used for parking spaces shall be properly drained and surfaced with a hard, durable, dustproof material and plans and specifications for same, together with the locations of entrances and exits, shall be approved by the Engineer.
      (6)   The area shall conform to such other reasonable requirements as the Council may require for the protection of surrounding property, persons, and residential values.
   (G)   To determine whether an industry should be permitted within the M-1 Light Industrial and the M-2 Heavy Industrial Districts because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.
   (H)   Permit any construction or occupancy permit to be issued in an AG-1 Agricultural District for any of the following uses:
      (1)   Filtration plant;
      (2)   Pumping station;
      (3)   Water reservoir;
      (4)   Sewage treatment plant;
      (5)   Police station;
      (6)   Fire station;
      (7)   Sanitary landfill;
      (8)   Telephone exchange;
      (9)   Electric sub-station;
      (10)   Fair grounds;
      (11)   Gun club if located not nearer than 1,000 feet to any residence other than that of the owner or lessee of the site.
      (12)   Hospital or institution of an educational, religious, charitable, or philanthropic nature, other than those specifically permitted in § 153.024 of this chapter provided that it be located on a site which contain at least 5 acres and provided that such buildings shall not occupy more than 30% of the total area of the lot;
      (13)   Commercial feed lot;
      (14)   Cemetery;
      (15)   Mines:
         (a)   Mine;
         (b)   Open cut mine;
         (c)   Pit mines;
      (16)   Explosives.
(1963 Code, § 2-2-4) (Ord. 590, passed 6-26-1958; Am. Ord. 656, passed 6-3-1963)