The Board of Zoning Appeals may, in accordance with the procedure set forth in this Article, grant special permits and use variances from the operations of the regulations of this Code for the buildings, structures, and uses specified in this Article, provided, in each case, that:

(A)

The special permit or variance is in substantial harmony with the purposes and intent thereof as declared in Section 40-1-1.

(B)

The special permit or variance substantially complies with the specific requirements therefor as set forth in this Article and for the district in which the use is located.

(C)

Satisfactory evidence is presented to the Board that the present or proposed situation of the building, structure, development or use is reasonably necessary for the convenience and welfare of the public.

In granting any special permit or variance, the Board may impose (in addition to other requirements) conditions for the reasonable protection of the immediate neighborhood or the Village from adverse effects of the use or building involved.

(A)

The site location of any building, structure, or use permitted by a special permit or use variance shall have a compatible relationship to the established street system and shall be such as to impose no greater traffic burden on streets than the streets can reasonably bear.

(B)

The site of any building, structure or use permitted by a special-use permit or variance may be located partly outside the Village limits, provided that applicable requirements of the Village relative to utility permits and extensions and to annexation are complied with, and provided further, as to such part of the site outside the Village limits, that the Madison County Zoning Code and/or other requirements are complied with.

(A)

The Board of Zoning Appeals shall hear the application (or any modified application) in accordance with its usual procedure. The Board may: (1) grant the application, with or without modification; (2) deny the application; or (3) refer the application back to the applicant for recommended modification. If the application is granted, a copy of the final plan shall be placed on file within the Village clearly noting all conditions of approval and the date approved for issuance of a permit. If the application is denied, the applicant shall not again apply for a permit for substantially the same proposal unless there has occurred a substantial change of circumstances, and in such case, only with the Board's consent first obtained, otherwise not earlier than one (1) year after date of the denial. If the application is referred back for modification, the applicant may resubmit the application in accordance with the directions of the Board, if any, otherwise in time for the next regular meeting of the Board.

(B)

The Board of Zoning Appeals may revoke a permit issued under this Article if:

(1)

The proposal for which a permit has been issued is not carried out pursuant to the approved final site plan; or

(2)

If any condition or requirement included in the permit is not complied with. The Board may, however, allow modifications of the final plan, before completion, in conformity with the applicable provisions for review as provided for in this Article.

(C)

A permit issued under this Article shall expire if the proposal authorized by the permit is not completed within the development schedule therefore included in the application, or expiration.

(D)

After the final plan has been completed, it shall be a permanent site plan and shall not be modified, nor shall any additions be made thereto, except with the applicable provisions of this Article.

The Board of Zoning Appeals may permit any building, structure or use of the Village, the County, the Township, Public School District, University, any State or Federal agency, or public utility in either a governmental or proprietary capacity, in any zoning district as the Board deems necessary for the convenience and welfare. Such building, structure or use shall be subject to such of the requirements of the district wherein the building, structure or use is situated and to such of the other regulations applying to uses permitted in the development as the Board deems necessary to comply with the general provisions of Sections 40-4-1 and 40-4-2 and to assure compatibility of the development with the character of its locality.

(A)

General. No use variance or special permit under this Article shall be granted by the Board of Zoning Appeals except in accordance with the procedure set forth in this Section.

(B)

Application—Preliminary Site Plan. Application for a use variance or special permit under this Article shall be made to the Board of Zoning Appeals on a form approved and furnished by the Board. Such application shall include, among other pertinent information, two (2) copies of a preliminary site plan of the proposed site, to scale, showing:

(1)

The location, dimensions and character of all present and/or proposed buildings, structures and uses;

(2)

The location of adjacent pedestrian and vehicular traffic circulation;

(3)

The location of off-street parking and off-street loading;

(4)

Type of proposed surfacing material for access ways and parking;

(5)

Plan for pedestrian and vehicular traffic within the subject area with consideration given to the established street systems serving the subject area, and to emergency vehicle access to each building;

(6)

Perspectives of structures or other such drawings necessary to indicate the relative compatibility with immediate neighborhood as well as within the subject area;

(7)

General landscaping and screening plan;

(8)

Location of public or private utilities proposed to serve the subject area;

(9)

Proposed finished grade of the site; and

(10)

Development schedule providing reasonable guarantees for the completion of the proposed development or other construction according to the development schedule.

(C)

Hearing on Application. The Board of Appeals shall hear the application in accordance with the procedure established in this Code.

(D)

Amendments to a Permanent Site Plan. The permanent site plan may be amended to include such information or such other particulars so as not to create substantial change in the arrangement and/or operation of the permanent site plan without resubmitting the permanent site plan upon and with the written consent of the Board of Appeals.

(A)

The Board of Zoning Appeals may grant a special permit in accordance with Section 40-5-1 and the procedure in Section 40-5-5 for a planned building development as classified in paragraph (B) of this Section on a tract of land under single ownership or unified control in the zoning district, and subject to the requirements as hereinafter provided for each planned building development.

(B)

Classification and Size. A planned building development may consist of one (1) of the following:

(1)

Planned multi-family residence development, situated on a tract of land of a minimum size of five (5) acres (See Section 40-5-7);

(2)

Planned mobile home park, situated on a tract of land of a minimum size of five (5) acres (See Section 40-5-8);

(3)

Planned business center, situated on a tract of land of a minimum size of two (2) acres in the developed area, otherwise five (5) acres (see Section 40-5-9);

(4)

Other planned building developments (no minimum size) (see Section 40-5-10).

(C)

Subdivision Regulations. Except as otherwise specifically provided herein, a planned building development shall comply with applicable subdivision regulations.

(D)

Unified Arrangement. Any proposed development under Sections 40-5-7, 40-5-8, 40-5-9 and 40-5-10 must present a unified arrangement of structures and service facilities having a functional relationship to each other and to the locality in which it is situated.

The Board of Zoning Appeals may permit a planned multi-family residence development consisting of a multi-family dwelling or dwellings, in the MR-2 and B-1 Zoning Districts. The entire site for such development shall constitute a single lot and the development shall be subject to such applicable requirements of the district in which it is situated and to such other regulations applying to the uses permitted in the development as the Board deems necessary to comply with the intent and purpose of this Code and to ensure compatibility of the development with the character of its locality.

The Board of Zoning Appeals may permit a planned mobile home park in any MR-2 or B-1 Zoning District, subject to such of the requirements of the mobile home park regulations and to such of the requirements of the district where the mobile home is situated, as the Board deems necessary to comply with the general provisions of Sections 40-3-10, 40-5-1 and 40-5-2 and to ensure compatibility of the park with the character of its locality.

The Board of Zoning Appeals may permit a planned business center in any B-1, B-2, or I Zoning District. Such center may include such of the uses permitted in any B-1 Zoning District, including combinations of such uses as the Board deems necessary for the public convenience and welfare. Such center shall be subject to applicable requirements of the district in which the center is situated and to such of the other regulations applying to uses permitted in the development as the Board deems necessary to comply with the general provisions of the Sections 40-5-1 and 40-5-2, and to assure compatibility of the center with the character of its locality.

The Board of Zoning Appeals may permit a planned building development (other than the planned building development permitted in Sections 40-5-7, 40-5-8 and 40-5-9), which may consist of two (2) or more principal buildings on the same lot in any B-1, B-2, or I-1, I-2 or I-3 district. Such development may include such combinations of uses as the Board deems necessary for the public convenience and welfare. Such development shall be subject to such of the requirements of the district wherein the development is situated and to such of the other regulations applying to uses permitted in the development as the Board deems necessary to comply with the general provisions of the Sections 40-5-1 and 40-5-2, and to assure compatibility of the development with the character of its locality.