1.   Approval by Board of Adjustment. Subject to the restrictions and limitations set forth in this section, the Board shall have authority to approve, deny, or conditionally approve applications for special exception use permits in the various zoning districts.

   2.   Procedure. An application for a Special Exception Use Permit shall be filed with the Zoning Administrator. The applicant shall also pay a non-refundable $50.00 application shall describe, in detail, the proposed use or structure for which the permit is sought and shall include a detailed plan of any involved structure, including the location of such structure upon the lot and the location of all lot lines and street right-of-way lines, unless such information has been submitted as part of pending Zoning Permit application. Upon receipt of a Special Exception Use Permit application meeting the foregoing requirements, the Zoning Administrator shall promptly forward the same to the Board. The Board shall conduct a public hearing and render its decision on the application in conformity with the procedural guidelines set forth in Section 165.29(4)(C) of this chapter and the rules of the Board. If approved, the permit shall be issued by the Zoning Administrator and shall identify the permit holder and the lot to which the permit applies and shall set forth the permit expiration date, if any, and all conditions attached by the Board to the permit.   

   3.   Permitted Special Exception Uses. Only the following specific special exception uses are eligible for consideration for a special exception use permit in any zoning district:

      A.   Non-municipal utility structures, transmission lines, and related structures.

      B.   Temporary buildings, including trailers, for commerce or industry or for construction purposes, but no permit shall be granted for any such purpose for a period of more than 18 months or permit the changing of one nonconforming use to another.

      C.   Temporary sawmills located no closer than 200 feet from the nearest residential zoning district and securely fenced from unauthorized entry.

      D.   Temporary locations for concrete and asphalt production plants.

   4.   Conditions. In granting any such application, the Board may attach conditions to special exception uses which, in the judgment of the Board, are necessary to protect the health, safety, and general welfare, protect property values, insure compatibility with neighborhood character, mitigate effects of traffic, insure visual acceptability including required landscaping and buffering from adjacent uses, and insure compatibility with City plans and development policies. Conditions may also include time limits on the duration of a special exception use or periodic review of the use and the conditions, if any, attached thereto.

   5.   Compliance Review. The inspection to be conducted by the Zoning Administrator on the anniversary date of the issuance of any zoning permit as provided in Section 165.28 of this chapter shall also include an inspection and report concerning compliance by the applicant with the terms and conditions of any special exception use permit which has been issued. The Zoning Administrator shall also make an inspection and report and, if appropriate, issue a Certificate of Compliance in connection with a special exception use at such times as may be required in the conditions attached by the Board in approving any special exception use permit. If noncompliance with any terms and conditions of the permit is found by the Board, after written notice to the permit holder and an opportunity for a hearing, the Board shall revoke the permit.

   6.   Expiration and Transfer. A special exception use permit shall not be transferable from one person or location to another person or location and shall expire upon termination of the use or on the date specified by the Board.

   7.   Violations. No person shall engage in any special exception use on any lot in any zoning district unless a special exception use permit has been issued to such person for such lot, and unless all conditions attached to the permit are complied with, nor continue such special exception use after revocation or expiration of a special exception use permit.