§ 40-742. Exceptions and modifications to use regulation.

(a)

Power plants, heating and refrigerating plants, or apparatus or machinery which are accessory to permitted uses in the S-1, Suburban District and in the R-1, R-2, RR-3 and R-3, Residential Districts shall be permitted in these districts only if so placed and operated to cause the least inconvenience to owners and tenants of adjoining property; and provided that the above-mentioned activities comply with existing ordinance and do not cause serious annoyance or injury to occupants of adjoining premises by reason of the emission of odors, fumes or gases, dust, smoke, noise or vibration, light or glare, or other nuisances.

(b)

Existing railroads and utilities may continue to be operated and maintained in residential and commercial districts, but no new railroad or utility structure other than the usual poles, transformers, and similar appurtenances, wires, underground utilities, electric sub-station and gas metering and pressure regulating stations shall be established in such districts except when so authorized by the inspection and code enforcement director.

(c)

Temporary buildings used in conjunction with construction work only may be permitted in any district during the period the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.

(d)

Coin-operated gaming device(s) are prohibited in any establishment within three hundred (300) feet of a church, playground or school as measured from any property line; however, those existing establishments containing and operating gaming device(s) within three hundred (300) feet of a church, playground or school who discontinue operation will have six (6) months from discontinuance date to reestablish their operation, after which time the operation of such gaming device(s) in these establishments is not permissible. This six-month time period does not apply if the gaming device(s) have been physically removed from the establishment.

(e)

Incineration devices shall be prohibited within three hundred (300) feet of any residential zoned property.

(Ord. No. 20783, § 3(XX(7)), 9-22-99; Ord. No. 21734, § 18, 12-11-02; Ord. No. 22670, § 13, 1-11-06; Ord. No. 23330, § XXXVIII, 6-11-08; Ord. No. 23292, § 34, 5-7-08; Ord. No. 24823 , § XXVII, 9-17-14)