§ 18-16-304. Special exceptions.

   (a)   Requirements. A special exception use may be granted only if the Administrative Hearing Officer makes each of the following affirmative findings:

      (1)   The use will not be detrimental to the public health, safety, or welfare;

      (2)   The location, nature, and height of each building, wall, and fence, the nature and extent of landscaping on the site, and the location, size, nature, and intensity of each phase of the use and its access roads will be compatible with the appropriate and orderly development of the district in which it is located;

      (3)   Operations related to the use will be no more objectionable with regard to noise, fumes, vibration, or light to nearby properties than operations in other uses allowed under this article;

      (4)   The use at the location proposed will not have any adverse effects above and beyond those inherently associated with the use irrespective of its location within the zoning district;

      (5)   The proposed use will not conflict with an existing or programmed public facility, public service, school, or road;

      (6)   The proposed use has the written recommendations and comments of the Health Department and the Office of Planning and Zoning;

      (7)   The proposed use is consistent with the County General Development Plan;

      (8)   The applicant has presented sufficient evidence of public need for the use;

      (9)   The applicant has presented sufficient evidence that the use will meet and be able to maintain adherence to the criteria for the specific use;

      (10)   The application will conform to the critical area criteria for sites located in the critical area; and

      (11)   The administrative site plan demonstrates the applicant's ability to comply with the requirements of the Landscape Manual.

   (b)   Phasing of development. If phasing of development is proposed for a use allowed by special exception and the Planning and Zoning Officer has approved a plan for phasing of development, the Administrative Hearing Officer may allow phasing pursuant to the approved plan as a condition of special exception approval.

(Bill No. 4-05; Bill No. 60-10; Bill No. 18-18)