The special exceptions defined below, including accessory buildings and uses, are permitted in the districts indicated in Appendices G and H following this chapter, subject to the provisions herein.

   (A)   A "SPECIAL EXCEPTION" is one contemplated by this chapter, which is likely or liable but not certain to occur, and is compatible with the essential design of a particular zone, although the use is contrary to the restrictions imposed thereon.  A "SPECIAL EXCEPTION" is not at variance with the various elements or objectives of this chapter and the comprehensive plan; therefore, a "SPECIAL EXCEPTION" shall not be construed to be a zone change and shall be granted by the Plan Commission in those cases in which such an exception is suitable and appropriate.

   (B)   The maximum building height for special exceptions shall be as provided in Appendix H following this chapter.

   (C)   Whenever a special exception is expanded or enlarged, parking space shall be provided for the expanded or enlarged portion thereof in accordance with the requirements of this section.

   (D)   Other provisions and requirements for special exceptions are as follows:

      (1)   The maximum building height requirement in Appendix H may be increased if buildings are set back, from front and rear property lines, one foot for each two feet of additional height above the maximum building height requirement.

      (2)   In all districts, spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts, and essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.

      (3)   A church or temple requiring parking area at times when nearby uses do not need their parking facilities may by agreement approved by the Board of Zoning Appeals utilize such facilities in lieu of providing their own parking facilities.

(Ord. 2281, passed 4-2-79)  Penalty, see § 152.99

   (A)   Upon receipt of an application for an improvement location permit for a variance by the Building Commissioner, it shall be referred to the Plan Commission for investigation as to the manner in which the proposed location and character of the variance will affect the master plan.  The Commission shall report the results of its study to the Board of Zoning Appeals within 45 days following receipt of the application.  If no such report has been filed with the Board within this time period, the Board may proceed to process the application.

   (B)   The Board shall then proceed with a hearing on the application in the manner prescribed in § 152.48.  Following the hearing, and upon an affirmative finding by the Board that the conditions listed below exist, the Board shall order the Building Commissioner to issue an improvement location permit for the variance.

      (1)   The variance is consistent with the spirit, purpose, and intent of this chapter; will not substantially and permanently injure the appropriate use of neighboring property; and will serve the public convenience and welfare; and

      (2)   If the property owner complies with the provisions of this chapter:

         (a)   He can secure no reasonable return from, or make no reasonable use of, his property;

         (b)   Hardship results from the application of this chapter to his property;

         (c)   The hardship of which he complains is suffered by his property directly, and not merely by others;

         (d)   The hardship is not the result of his own actions; and

         (e)   The hardship is peculiar to the property of the applicant.

   (C)   An existing use which is listed herein as a variance, and which is located in a district in which such variance may be permitted, is a conforming use.  Any expansion of such variance involving the enlargement of the buildings, structures, and land area devoted to that use shall be considered a variance and subject to the procedure described in this section.

(Ord. 2281, passed 4-2-79)  Penalty, see § 152.99

   The lawful use of a building or premises existing at the time of passage of this chapter, may be continued although such use does not conform to all the provisions of this chapter, except as hereinafter provided.

   (A)   A nonconforming use may be extended throughout a building provided no structural alterations are made therein, except those required by law.

   (B)   A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, provided no structural changes are made in the building.  Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed to a nonconforming use of a less restricted one.

   (C)   No building shall be erected upon any premises devoted to a nonconforming use, except in conformance with regulations of this chapter.

   (D)   The Board of Zoning Appeals may authorize, by written permit, in a residentially zoned district for a period of not more than one year from the date of the permit, a temporary building for commercial or industrial use incidental to the residential construction and development of said district.

   (E)   Nothing herein contained shall require any change in the plans, construction, or designated use of a building for which a building permit has been heretofore issued, and the construction of which has been diligently prosecuted within 90 days of the date of the permit, and which entire building shall be completed according to such plans filed within three years from the date of passage of this chapter.

   (F)   In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use thereof shall thereafter conform to the uses permitted in the district in which it is located.

   (G)   Any nonconforming open use of land shall be discontinued within five years from the date of passage of this chapter.

   (H)   When a building containing a nonconforming use is damaged by fire, explosion, act of God or the public enemy to the extent of 50% of its current market value, it shall not be restored except in conformity with the regulations of the district within which it is located.

   (I)   These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this chapter.

(Ord. 2281, passed 4-2-79)  Penalty, see § 152.99