(A) To be eligible for the granting of a special exception under this section, a person must first receive a determination from the Zoning Administrator that a special exception is required for the intended use, change of use or for the expansion, extension or enlargement of a use.
(B) There shall be no cases or applications, nor any particular situation in which these rules authorize special exceptions without the approval of the BZA. Further, no previous applications shall set a precedence for any other application before the BZA.
(1) The Board may grant a special exception for a use in a district if, after a hearing under, it makes findings of facts in writing, that:
(a) The proposal will not be injurious to the public health, safety, morals and general welfare of the community;
(b) The requirements and development standards for the requested use as prescribed by this chapter will be met;
(c) Granting the exception will not subvert the general purposes served by this chapter and will not permanently injure other property or uses in the same district and vicinity; and
(d) Te proposed use will be consistent with the character of the district therein, the spirit and intent of this chapter and the town’s Comprehensive Plan.
(2) When considering a special exception, the Board of Zoning Appeals may take into consideration the following items as they relate to the proposed use:
(a) Topography and other natural site features;
(b) Zoning of the site and surrounding properties;
(c) Driveway locations, street access and vehicular and pedestrian traffic;
(d) Parking amount, location, design;
(e) Landscaping, screening, buffering;
(f) Open space and other site amenities;
(g) Noise production and hours of operation;
(h) Design, placement, architecture and building material of the structure;
(i) Placement, design, intensity, height and shielding of lights;
(j) Traffic generation; and
(k) General site layout as it relates to its surroundings.
(3) The Board may impose such reasonable conditions upon its approval as it deems necessary to find that the above criteria will be served.
(4) The Board may permit or require the owner of the parcel of property to make a written commitment concerning the use or development of the parcel as specified under I.C. 36-7-4-921 and have such commitment recorded in the County Recorder’s Office.
(5) The Board may limit special exceptions to a specific individual and/or a specific time period and for a specific use.
(6) A use authorized by special exception may not be changed, expanded, extended or enlarged unless reauthorized by the Board under the procedures set forth in these rules for granting a special exception.
(7) If the Board grants the special exception, it shall direct the applicant to apply for a building permit and/or improvement location permit within four months or the special exception will be void. If such application complies with all ordinances and rules, a building permit and/or improvement location permit for the use authorized by special exception shall be issued.
(8) A special exception, granted for a specific use ceases to be authorized and is void if that use is not 50% established within a twelve-month period of the date the special exception was granted. A special exception, granted for a specific use ceases to be authorized and is void if that use is discontinued at that site for a consecutive six-month period.
(9) A special exception may be terminated by the Board of Zoning Appeals under the following conditions:
(a) Upon the filing of an application by an interested person or a member of the staff, a public hearing is held with notice to the property owner; and
(b) At the public hearing a finding is made by the Board that one or more of the following has not been complied with:
1. The terms of this chapter;
2. Conditions of approval; and
3. Written commitments.
(Ord. 2002-05, passed 12-30-2002, § 12.11)