(A) Conditional uses, exceptions and interpretations.
(1) The Board shall have the power to hear and decide, in accordance with the provisions of this chapter, applications, filed as hereinbefore provided, for conditional uses, special exceptions or for interpretation of the Zoning Map, or for decisions upon other special questions on which the Board is authorized by this chapter to pass. In considering an application for a conditional use, a special exception or interpretation of the Zoning Map, 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 with respect to location, construction, maintenance and operation - in addition to those expressly stipulated in this chapter for the particular conditional use or special exception - as the Board may deem necessary for the protection of adjacent properties and the public Interest.
(2) In addition to permitting the conditional uses and special exceptions hereinbefore specified, the Board shall have the power to permit the following conditional uses and special exceptions:
(a) Non-conforming uses.
1. The substitution for a non- conforming use existing at the time of enactment of this chapter, another non-conforming use, if no structural alterations except those required by law or ordinance rare made; provided, however, that in an “R” District no change shall be . authorized by the Board to any use which is not a permitted or conditional use In any “R” District, and in a “C” District no change shall be authorized to any use which is not a permitted or conditional use in any “C” District.
2. The extension of a non- conforming building upon the lot occupied by the building or on an adjoining lot provided that the lot was under the same ownership of the lot in question at the time the use of the building became non-conforming and that the extension is necessary and incidental to the exiting non- conforming use; and provided that the area of the extension shall not exceed, in all, 20% of the existing ground floor area o6 the existing building devoted to a non-conforming use. Non-conforming mobile home park can be expanded by increasing the number of trailers by not more than 20% over the number at the date of the passage of this section.
(b) Extension of use on border of district. The extension of a use or building into a more restricted immediately adjacent thereto but not more than 25 feet beyond the dividing line of the two districts, under such conditions as will safeguard development in the more restricted district.
(c) Temporary structures and uses. The temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this chapter for the district in which it is located, provided that such use be of a 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 12-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
(B) Administrative review and variances.
(1) Administrative review. The Board shall have the power to hear and decide appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Zoning Inspector or other official in the interpretation or of the provisions of this chapter.
(2) Variances. The Board shall have the power to authorize, upon appeal in specific cases, filed as hereinbefore provided, such variances from the provisions or requirements of this chapter as will not be contrary to the public interest but only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this chapter would cause undue and unnecessary hardship.
(3) Exceptions. Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this chapter, or by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this chapter would involve practical difficulties or would cause undue hardship - unnecessary to carry out the spirit and purpose of this chapter - the Board shall have power to authorize a variance from such strict application so as to relieve such hardship and so that the spirit and purpose of this chapter shall be observed and substantial justice done. In authorizing a variance the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purpose of this chapter and in the public interest. In authorizing a variance with attached conditions the Board shall require such evidence and guarantee or bond as it may deem to be necessary that the conditions attached are being and will be complied with.
(4) General. In exercising its power the Board may, in conformity with the provisions of state statutes and of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all powers of the office from whom the appeal is taken.
(C) Performance requirements procedure. The Board shall have the power to authorize, upon application In specific cases filed as hereinafter provided, issuance of a zoning certificate for uses that are subject to performance requirements procedure under §§ 153.050 et seq., as provided in the following:
(1) Application. An application for a zoning certificate for a use subject to performance requirements shall be submitted in duplicate on a form prescribed by the Board. The applicant shall also submit in duplicate a plan of the proposed construction or development, including a description of the proposed machinery, processes and products, and specifications for the mechanisms and techniques to be used in restricting the emission of dangerous and objectionable elements as set forth in §§ 153.050 et seq.
(2) Review by Board. Within 30 days after the Board has received the aforesaid application or the aforesaid report, if a report was required, or within such further period as agreed to by the applicant, the Board shall decide whether the proposed use will conform to the applicable performance standards, and on such basis shall authorize or refuse to authorize issuance of a zoning certificate or require a modification of the proposed plan of construction or specifications, proposed equipment or operation.
(3) Continued enforcement. The Zoning Inspector shall investigate any purported violation of performance standards, and if there is reasonable ground the same, shall notify the Board of the occurrence or existence of a probable violation thereof. The Board shall investigate the alleged violation, and for such investigation shall employ qualified experts. If, after public hearing on due notice, the Board finds that a violation occurred or exists, a copy of the findings shall be forwarded to the Council.
(Ord. 76-43, passed 12-13-1976; Am. Ord. 1978-19, passed 6-12-1978)