(a) The Board of Zoning Appeals shall have the power to hear and decide, in accordance with the provisions of this Zoning Code, applications, filed as hereinbefore provided, for special exceptions or interpretation of the Zoning Map, or for decisions upon other special questions on which the Board is authorized by this Zoning Code to pass. In considering an application for 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 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 Zoning Code, for the particular special exception, as the Board may deem necessary for the protection of adjacent properties and the public interest.
(b) In addition to permitting special exceptions hereinbefore specified, the Board shall have the power to permit the following special exceptions, subject to such conditions as it may deem necessary:
(1) Nonconforming uses.
A. The substitution of a nonconforming use for a nonconforming use existing at the time of enactment of this Zoning Code.
B. The extension or expansion of a nonconforming use or building upon the lot occupied by such building or onto an adjoining lot.
(2) 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 Zoning Code for the district in which it is located, provided that such use is 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, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
(Ord. 2010-29. Passed 7-5-10.)