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A fallout or emergency shelter is permitted as principal or accessory use and structure in any zone, subject to the yard and lot coverage regulations of the zone. Such shelter may contain or be contained in other structures, or may be constructed separately, and in addition to shelter use, may be used for any principal or accessory use permitted in the zone, subject to the zoning regulations for such zone, but shall not be used for principal or accessory uses prohibited expressly or by implication in the zone; provided, that except in time of emergency, a shelter shall not be used as a residence or dwelling for the principal or only use. The shelter may also be used for other purposes permissible as special exception in the district in which the shelter is located; provided, that the board of appeals finds that all of the general requirements of this chapter concerning such special exceptions are satisfied and, in addition, that the following is established:
(a) That the use other than as a shelter is compatible with the shelter proposed.
(b) That the function as a shelter would not be materially impaired by the proposed use.
(c) That the special exception as to use would have been granted regardless of whether the shelter was involved.
A joint shelter or community shelter may be permitted by the board of appeals as a special exception even though the shelter is proposed to cross property lines. In granting a special exception for such joint shelter, the board may waive the side and rear yard requirements on the property or properties directly involved in the construction of the joint shelter to the extent necessary to permit practical and efficient location and construction; provided, that side and rear yard requirements shall be met where property involved in the joint proposal abuts or joins property not included in the proposal.
(Legislative History: Ord. No. 9-19, § 2.)
Editor's note-To accommodate the inclusion of a new § 59-A-6.1 by § 1 of Ord. No. 9-19, § 2 of the ordinance renumbered existing sections 59-A-6.1-59-A-6.7 as 59-A-6.2-59-A-6.8.