(a) Additional Uses. Uses, other than those specifically mentioned in this Code as permitted uses in each of the districts may be allowed therein, provided that, in the judgment of the Zoning Inspector, such other uses are of similar character to those listed and will have no adverse effect or influence or no more adverse effect or influence on adjacent properties or the neighborhood or the community than the permitted uses specifically allowed in the district. When the Zoning Inspector is uncertain as to the proper classification of a use not included within the provisions of this Code, he may ask the Board for an interpretation in accordance with Section 1234.06.
(b) Additional Prohibited Uses. Uses other than those specifically prohibited in this Code in any district shall be prohibited, provided that in the judgment of the Zoning Inspector, such other uses are similar in character to those specifically prohibited and will have similar or more adverse effect or influence on adjacent properties or the neighborhood or the community than the uses specifically prohibited in the district. (See Section 1240.03). When the Zoning Inspector is uncertain as to the proper classification of a use not included within the provisions of this Code, he may ask the Board for an interpretation in accordance with Section 1234.06.
(c) Conditional Uses and Special Exceptions.
(1) The Board shall have the power to hear and decide applications filed for conditional uses, special exceptions and for decisions on other questions upon which the Board is authorized to act.
(2) In considering an application for a conditional use or a special exception, 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 for the particular conditional use or special exception as the Board may deem appropriate for the protection of adjacent properties and the public interest.
(3) Where a conditional use in an Industrial District 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, water-carried waste, fluids, 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.
(d) Conditional Use and Special Exception Approval – Time Limit. If after a conditional use or special exception approval is granted by the Board, the use or structure authorized shall not have started within twelve months of the date of the permit, the grant shall be void and of no force or effect. Thereafter, before such use can be established or construction on such structure undertaken, a new application for conditional permit shall be filed with the Board.
(e) Nonconforming Uses - Substitutions. The Board shall have the power to permit a nonconforming use existing at the time of enactment of the Code, to be replaced by another nonconforming use, if no structural alterations, except those required by law or resolution, are made; provided, the intensity of the substituted use is determined to be of the same, or less, intensity than the existing nonconforming use. In determining intensity of use the following factors are among those that shall be considered: traffic generated by the use; parking for the use; number of employees; amount of deliveries; signage; or exterior storage on premises.
(f) Temporary Uses. The Board may authorize the temporary use of a structure or premises in any District for a purpose or use that does not comply with the regulations prescribed elsewhere in this Code for the District in which it is located, provided that such use is of 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. 08-33-A. Passed 5-4-09.)