This section provides for review and discretionary Board of Adjustment approval for uses within zoning districts which have unusual site development or operating characteristics that could adversely affect surrounding properties.

1.   Administration. The Board of Adjustment shall review, evaluate and act upon all applications submitted pursuant to this procedure.

2.   Application Requirements. An application for a special use permit may be filed with the Zoning Administrator by the owners of a property or the owners’ authorized agent. The application shall include the following information:

   A.   Name and address of the applicant.

   B.   Owner, address and legal description of the property.

   C.   A description of the nature and operating characteristics of the proposed use.

   D.   Any graphic information, including site plans, elevations, other drawings, or other materials determined by the Zoning Administrator to be necessary to describe the proposed use to approving agencies or required by other sections in this chapter.

   E.   Approval Process. The Board of Adjustment, after legal publication and a public hearing, shall act on the special use permit.

   F.   Criteria for Review. The Board of Adjustment shall review and act upon the request based on the general criteria described below and further established in Table 165.36/37-1 and conformance with applicable regulations in this Zoning Ordinance. The proposed use:

      (1)   Will be in harmony with the general purpose, goals, objectives, and standards of the Comprehensive Plan and this Code;

      (2)   Will not have a substantial, undue, or adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare;

      (3)   Will be constructed, arranged, or operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations;

      (4)   Will be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water, sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use will provide adequately for such services;

      (5)   Will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance;

      (6)   Complies with all additional standards imposed on it by the provisions of the district in which such special use may be authorized.

   G.   Scope of Board of Adjustment’s Approval. The Board of Adjustment may, at its discretion, apply a special use permit to a specific owner or applicant. The Board of Adjustment may establish special site development or operational regulations as a condition for approval of a special use permit. The Board of Adjustment shall not grant a special use permit for any home occupation/home-based business which is otherwise prohibited under the Zoning Ordinance.

   H.   Lapse and Revocation of Permit. A special use permit shall become void 180 days after its effective date if the applicant has not carried out development or occupancy during that period, or sooner if so conditioned by the Board of Adjustment. The Board of Adjustment may revoke a special use permit should the operation of the use subject to such permit violate the conditions under which the permit was granted.

   I.   Previously Approved Permits. Any special use approved under regulations in effect before the effective date of this Zoning Ordinance shall be considered to have a valid special use permit, subject to requirements imposed at the time of its approval.