The Board of Appeals on Zoning has the power to hear and decide, in accordance with the provisions of this chapter, requests for special exceptions as follows.
(A) Public utilities. The Board may permit the erection and use of a building, or an addition to an existing building, of a public service corporation to be used for public utility purposes in any permitted district to a greater height or of a larger area than the district requirements established in this chapter, and permit the location in any use district of a public utility building, structure, or use; provided, the Board finds such use, height, area, building, or structure reasonably necessary for the public convenience and service, and provided further that such building, structure, or use is designed, erected, and landscaped to conform harmoniously with the general architecture and plan of such a district.
(B) Off-street parking and loading requirements. The Board may permit the modification of the off-street automobile parking or loading space requirements specified in §§ 153.125 through 153.132 where, in the particular instance, such modifications will not be inconsistent with the purpose and intent of such requirements.
(C) Construction below elevation of intermediate regional flood level in floodway area. The Board may grant construction of new structures, improvement or relocation of existing structures, and other development in a floodway area below the elevation of the intermediate regional flood level subject to criteria set forth in this code.
(D) Off-street parking development regulations. The Board may permit a variation, modification or exception in the required regulations specified in §§ 153.128 through 153.130, if after investigation by the Board it is found that such variation, modification, or exception is necessary because of peculiar existing conditions, that such variation, modification, or exception will not be inconsistent with the purpose and spirit of this chapter, and that there has been a favorable decision by the City Planning Commission regarding the permitting of such “Off-Street Parking A” land use on residential property pursuant to the requirements of § 153.128.
(E) Temporary building and uses. The Board may permit temporary buildings and uses for periods not to exceed six months, provided that such buildings and uses in no way exert a detrimental effect upon the uses of land normally permitted in the zoning district, and that such temporary buildings and uses contribute materially to the general welfare of the city, particularly in time of emergency, under conditions peculiar to the time and place involved. Such period may be extended not more than for an additional period of six months.
(F) Nonconforming uses. The Board may permit the expansion of a building or structure used in connection with a nonconforming use subject to requirements established in § 153.102(A).
(G) Fences in business districts. The Board may permit fences exceeding six feet in height and fences with barbed wire when the barbed wire is at least six feet above grade in business districts, when there are unique and exceptional circumstances.
(H) Electric fences. The Board may permit electric fences (a fence carrying electric current or charge of electricity) in industrial districts upon such terms and conditions as the Board may require in cases where there are unique or exceptional circumstances and in instances where, in the Board’s opinion, such business use by its nature has a high degree of vandalism and theft. The Board shall be guided by the following criteria when permitting such electric fence:
(1) The electric fence shall not exceed 12 feet in height;
(2) The electric charge shall not exceed 12 volts;
(3) The property shall be protected from unauthorized touch by a perimeter fence (open or closed construction), not less than six feet high and not closer than two feet to the electric fence;
(4) Liability insurance acceptable to the City Attorney shall be provided; and
(5) Warning signs approved by the Board on all sides of the property where entrance to the fenced area could be accomplished.
(Prior Code, § 153.619) (Ord. D-1418, § 2710, passed 11-22-1982, effective 1-21-1983; Ord. D-1621, passed 10-1-1990, effective 10-11-1990; Ord. D-1844, passed 9-27-1999, effective 10-7-1999)