(a) The Building and Zoning Board of Appeals shall have the power to hear and make recommendations on, in accordance with the provisions of this Zoning Code, applications, filed as provided in this chapter, for conditional uses, special exceptions or interpretation of the Zoning Map, and to make recommendations upon other special questions on which the Board is authorized by this Zoning Code and the City Charter to pass. In considering an application for a conditional use, a special exception or an interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures, and in making a recommendation to authorize 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 Zoning Code for the particular conditional use or special exception, as the Board may deem necessary for the protection of adjacent properties and the public interest.
(b) The Board shall not recommend as a conditional use in an R-3 District any housing structure of two or more units unless:
(1) The minimum front, rear and side yard requirements of the R-3 District are met.
(2) The lot and building minimum square footage requirements set forth below are met.
(3) A concrete sidewalk four feet in width and four inches thick will be constructed.
(4) There are reasonable provisions to store and dispose of garbage and other household refuse and screens and screen doors for all outside doors and windows.
(5) The off-street parking requirements set forth in paragraph (b)(2) hereof are of a hard surface, either four-inch six-sack concrete mix over a one-inch base or blacktop of two inches over a four-inch base.
(6) The top of the foundation is at least nine inches above finished grade and proper drainage is provided.
(c) In addition to recommending the conditional uses and special exceptions hereinbefore specified, the Board shall have the power to recommend the following conditional uses and special exceptions:
(1) Nonconforming uses.
A. The substitution for a nonconforming use existing at the time of enactment of this Zoning Code of any other nonconforming use, if no structural alterations, except those required by law, are made. However, in an R District, no change shall be recommended by the Board to any use which is not a permitted or conditional use in any R District, and in a B District no change shall be authorized to any use which is not a permitted or conditional use in any B District.
B. The extension of a nonconforming building upon the lot occupied by such building or on an adjoining lot, provided that such lot was under the same ownership as the lot in question at the time the use of such building became nonconforming; provided that such extension is necessary and incidental to such existing nonconforming use; provided that the value of such extension shall not exceed, in all, twenty percent of the existing ground floor area of the existing building devoted to a nonconforming use; provided that the extension is in conformance with all of the provisions of this Zoning Code; and provided that such extension shall be within a distance of not more than twenty-five feet of the existing building or premises. Only one such extension will be permitted.
(2) Extension of use on border or district. The extension of a use or building into a more restricted district immediately adjacent thereto, but not more than twenty feet beyond the dividing line of the two districts, under such conditions as will safeguard development in the more restricted district.
(3) 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, for not more than a twelve-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
(Ord. 4320. Passed 11-15-93.)