CHAPTER 1193
Special Exceptions
1193.01    Off-street parking.
1193.02    Issuance of zoning certificate for nonconforming uses.
 
CROSS REFERENCES
Board of Zoning Appeals - see CHTR. 7.4 
Appeals procedure - see P. & Z. 1125.04 
Zoning districts - see P. & Z. Ch. 1133 
Nonconforming uses - see P. & Z. Ch. 1191 
 
 
1193.01 OFF-STREET PARKING.
   The Board of Zoning Appeals may authorize the establishment and operation of off-street parking areas in any A, R or C district that adjoins a B or M district subject to the following conditions and limitations:
   (a)    It shall provide parking space for twenty-five (25) or more self-propelled vehicles.
   (b)    Such parking shall be accessory to and for use of one (1) or more business or industrial establishments located in the adjoining B or M district.
   (c)    It shall be located on premises having an area of not less than 10,000 square feet, which shall abut at least fifty (50) feet on a B or M district.
   (d)    No charge shall be made for parking or storage of vehicles.
   (e)   Entrances and exits shall be located within the adjoining business or industrial districts.
   (f)    The application shall be accompanied by the names and addresses of all property owners within 200 feet of the premises in question so they may be given the opportunity to be heard in connection with the consideration of such application.
   (g)    In addition to the above, the Board may prescribe further requirements or conditions deemed necessary or desirable in respect to surfacing, marking, lighting, walling, fencing or planting for protection of the adjacent property.
   (h)    A zoning certificate issued for such accessory parking areas under the above provisions shall be revocable, subject to continued compliance with the requirements and conditions. (Ord. 1069-94. Passed 4-28-94.)
1193.02 ISSUANCE OF ZONING CERTIFICATE FOR NONCONFORMING USES.
    The Board of Zoning Appeals may authorize issuance of a zoning certificate after public hearing for the following:
    (a)    The substitution for a nonconforming use of another nonconforming use, if no structural alterations, except those required by law or regulation are made; provided, however, that in any R district, no change shall be permitted to any use prohibited in a B district, and in any B district no change shall be permitted to any use prohibited in an M district.
    (b)    The completion of a building devoted to a nonconforming use upon a lot occupied by such building, or on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date such building became nonconforming, and where such extension is necessary and incidental for the existing use of such building.
   (c)    The extension of a nonconforming use throughout those parts of a building which were manifestly designed or arranged for such use prior to the effective date of this Zoning Code if no structural alterations, except those required by law, are made therein.
      (Ord. 1069-94. Passed 4-28-94.)
CODIFIED ORDINANCES OF MORAINE