Conditions Governing Applications and/or Procedures - To hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are granted, and to grant special exceptions with such conditions and safeguards as are appropriate under this Ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this Ordinance.

(1)

A special exception shall not be granted by the Board of Adjustment unless and until:

a.

Written application for a special exception is submitted indicating the section of this Ordinance under which the special exception is sought and stating the grounds on which it is requested.

b.

Notice of a public hearing shall be as follows:

1.

Notice advertising the time, date and place of the public hearing and containing a summary of the request published in the newspaper of record 15 days before the public hearing.

2.

A sign posted on the subject property indicating the time, date, and place of the public hearing and containing a summary of the request at least 10 days before the scheduled public hearing.

3.

Notice advertising the time, date, and place of the public hearing and containing a summary of the request shall be mailed out to all property owners within 200 feet of the subject property.

c.

The public hearing shall be held. Any party may appear in person or by agent or attorney.

d.

The Board of Adjustment shall make a finding that it is empowered under the section of this Ordinance described in the application to grant the special exception, and that granting of the special exception will not adversely affect the public interest.

(2)

In granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Ordinance and punishable under Section 6.9, Penalties for Violation of this ordinance. The Board of Adjustment shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception.

(Ord. No. 21-3316, § 4, 9-28-21)