Special exception uses as specified in § 155.018 may be allowed or denied by the Board of Zoning Appeals after recommendations by the Plan Commission in accordance with the criteria and provisions in §§ 155.071 - 155.074.

(Ord. 28-1984, passed 8-14-84)

   Applications for special exception uses shall be filed on forms provided by the Zoning Administrator and shall be accompanied by the following.

   (A)   An application fee in an amount equal to that set by resolution of the Common Council.

   (B)   Unless waived by the Zoning Administrator, a site plan and supporting data in accordance with § 155.039.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   The Zoning Administrator shall forward copies of the application to the Board of Zoning Appeals and to the Plan Commission for review and comment.

   (A)   The Plan Commission shall forward its recommendations to the Board of Zoning Appeals within 45 days unless the petitioner agrees in writing to a time extension. Failure to act within the allotted time shall be deemed to be a favorable recommendation.

   (B)   The Board of Zoning Appeals shall hold a public hearing within 45 days of the filing of an application for any special exception use.

   (C)   The Board of Zoning Appeals may attach such conditions as they deem necessary to the approval of any special exception use. The approved site plan and all attached conditions shall be filed by the petitioner with the Zoning Administrator within 30 days of final approval. All development, construction, and use shall be in accordance with the approved plan, unless a revised plan is submitted, approved, and filed. Any development contrary to the approved plan shall constitute a violation of this chapter.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   A special exception use shall be approved if, and only if, it is found to meet the following criteria.

   (A)   The proposed use conforms to the district provisions in which it will be located and all general regulations of this chapter.

   (B)   The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of § 155.051.

   (C)   The proposed use shall be sited, oriented, and landscaped so that the relationship of its buildings and grounds to adjacent buildings and properties does not impair health, safety, or comfort, and does not adversely affect values of adjacent properties.

   (D)   The proposed use shall produce a total environmental effect which is consistent with, and not harmful to, the environment of the neighborhood.

   (E)   The proposed use shall organize vehicular access and parking to minimize conflicting traffic movement on adjacent streets.

   (F)   The proposed use shall promote the objectives of this chapter and shall be consistent with the comprehensive plan.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999

   Once a special exception use is approved, it shall be in effect for the length of the owner’s occupation. At change of ownership, the new property owner must receive a rezoning or new special exception. On an annual basis, if, in the opinion of the Plan Director, the special exception use does not comply with § 155.073, the use shall again be subject to review and approval. All mobile homes which have previously been subject to the variance procedure shall, from the date of adoption of this chapter, be classified as having received a special exception and therefore be subject to all regulations identified in this subchapter.

(Ord. 28-1984, passed 8-14-84) Penalty, see § 155.999