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Hebron City Zoning Code

CHAPTER 8

- SPECIAL EXCEPTIONS AND REQUIREMENTS

Section 2-2-8-1. - Definition—Existing use.

The special exceptions listed in Figure 9 are those customarily located in the community. An existing use which is listed herein as a special exception, and which is located in a district in which such special exception may be permitted, is a conforming use. Any expansion of such special exception involving the enlargement of the buildings, structures and land area devoted to such use shall be subject to the procedure described in section 2-2-8-2.

Section 2-2-8-2. - Procedure.

A.

Upon receipt of an application for an improvement location permit for a special exception by the executive secretary of the commission, it shall be referred to the commission for investigation as to the manner in which the proposed location and character of the special exception will affect the master plan. The commission shall report the results of its study to the board within 45 days following receipt of the application. If no such report has been filed with the board within the 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 section 2-1-4-8. Following the hearing, and upon an affirmative finding by the board that:

1.

The proposed special exception is to be located in a district wherein such use may be permitted, and

2.

The requirements set forth in Figure 9 for such special exception will be met, and

3.

The special exception is consistent with the spirit, purpose and intent of this code, that it will not substantially and permanently injure the appropriate use of neighboring property, and that it will serve the public convenience and welfare, then the board shall order the building commissioner to issue an improvement location permit for the special exception.