(A)

The special exceptions listed in the districts (see Section 94-30, Table 1, of this chapter) and their accessory buildings and uses may be permitted by the board in the districts indicated therein, in accordance with the procedures set forth in this chapter.

(B)

Upon receipt of an application for a special exception, the board shall refer the application to the commission for investigation as to the manner in which the proposed location and character of the special exception will affect the master land use plan. The commission shall report the results of its study to the board within 90 days following receipt of the application. If no such report is filed with the board within the time period, the board shall proceed to process the application.

(C)

(1)

The board shall then proceed with a hearing on the application in the manner prescribed in Article XI of this chapter. Following the hearing and upon an affirmative finding by the board, in writing, that:

(a)

The establishment, maintenance or operation of the special exception will not be detrimental to or endanger the public health, safety, morals or general welfare;

(b)

The special exception will not be injurious to the use and enjoyment of other properties in the immediate vicinity for the purposes already permitted;

(c)

The establishment of the special exception will not impede or substantially alter the normal and orderly development and improvement of surrounding property for uses permitted in the district;

(d)

Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;

(e)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public roads; and

(f)

The special exception will be located in a district where such use is permitted and all other requirements in this chapter, which are applicable to such special exception, will be met.

(2)

Having met all of the above requirements the board shall order, the city superintendent to issue an improvement location permit for the use as approved by the board.

(D)

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 the special exception involving the enlargement of the buildings, structures or land area devoted to such use shall be subject to the procedures described in this section.

(E)

The filing fee for a special exception shall be as shown in Section 94-240 of this chapter.

(Ord. No. 2001-1478, 11-19-2001)