(B) Special exceptions are uses publicly operated and those uses traditionally affected with a public interest and those uses entirely private in character but of an unusual nature so that their operation may give rise to unique problems with respect to their impact on neighboring property and public facilities.
(C) On receipt of an application for an improvement location permit for a special exception by the Planning Administrator it shall be referred to the Board. A copy of each application shall be referred concurrently to the Commission. The Board shall then proceed with a hearing.
(D) On the hearing, if the Board finds that:
(1) The establishment, maintenance or operation of the special exception will not be detrimental to or endanger the public health, safety, morals or general welfare;
(2) The special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property value within the neighborhood;
(3) The establishment of the special exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
(4) Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;
(5) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and/or
(6) (a) The special exception will be located in a district where the use is permitted and that all other requirements set forth in § 156.172 applicable to the special exception will be met.
(b) The Board shall direct the Building Inspector to issue the improvement location permit for the special exception, otherwise the Board shall direct the Planning Administrator to reject the application. The findings of the Board and its order to the Planning Administrator shall be in writing.
(E) An existing use which is listed herein as a special exception, and which is located in a district in which the special exception may be permitted, is a conforming use. Any expansion of the special exception involving the enlargement of buildings, structures and land area devoted to the use, shall be subject to the requirements and procedure described in this section.
(F) Any person to whom is issued an improvement location permit for a special exception which fails to commence construction within 1 year after the permit is issued, or who fails to carry to completion the total development plan thereof within 3 years after construction is begun, whichever is later, or who fails to conform to the provisions of the development plan and supporting data finally approved by the Board and on the basis of which the improvement location permit was issued, may be required by the Board on its own motion, and shall be required by the Board on written petition of any person deeming himself or herself aggrieved, to show cause why the approval should not be withdrawn and the improvement location permit revoked.
(G) The holder of an improvement location permit for a special exception may apply to the Board at any time for an alteration, change, amendment or extension of the application or development plan on which the permit was based.
(1) On receipt of the application, the Board shall proceed as in the case of original applications for an improvement location permit tor a special exception.
(2) In the event the Board shall approve and order the application or development plan changed, altered, amended or extended, it shall notify the Planning Administrator who shall issue an amended improvement location permit accordingly.
(1982 Code, § 156.26) (Ord. 12-1964, passed 8-11-1964)