Where in this chapter a special exception permit is required the following procedures for submission and approval by the Board of Adjustment shall be followed:
1. An application for a special exception permit, available from the Zoning Administrator, shall be completed in full and filed with the Zoning Administrator along with the required application fee.
2. Supporting information is provided with the application for a special exception permit including a site plan indicating setback lines, building locations, proposed and existing uses and other such information as the Zoning Administrator may require to ascertain compliance with this chapter and to clearly present the proposed use and its impacts.
3. A signed and attested statement from the property owner indicating compliance with all provisions of this chapter and a detailed explanation of any permitted nonconformities on the subject property is submitted to the Zoning Administrator.
4. The property owner submits to the Zoning Administrator other information and supporting documentation as required by the specific zoning district in which the permit is sought.
5. The Zoning Administrator shall determine a complete application has been submitted and set the date of a public hearing, pursuant to Section 165.58 before the Board of Adjustment. The hearing shall be set within thirty (30) days of receipt of the complete application.
6. The Board of Adjustment shall determine compliance with this chapter has been achieved based on the information provided by the applicant and other investigation as deemed necessary by the Board of Adjustment. The Board of Adjustment shall also determine the impact on adjoining and area properties and impact on the entire community. Within thirty (30) days of the public hearing the Board of Adjustment shall act upon the special exception permit request. The Board of Adjustment may deny, approve or approve with conditions the application for a special exception permit. The Board of Adjustment may deny a special exception permit where it finds the proposed use will be detrimental to the community in its entirety or have detrimental impact upon adjoining properties.
7. Permit Expiration. All special exception permits issued under this chapter shall expire and are null and void on the date which shall be twelve (12) months after issuance, unless work shall have been commenced under such permit prior to such date. At any time after twenty-four (24) months the Board of Adjustment, upon recommendation of the Zoning Administrator may revoke the permit upon finding construction progress is not proceeding expeditiously.
8. Permit Revocation. At any time the Board of Adjustment may revoke the special exception permit upon finding the applicant has violated the conditions of approval. After the revocation of a special exception permit the property owner shall be notified by certified mail and given thirty (30) days to remedy the default. If the Board of Adjustment finds the default has been remedied within the thirty (30) days it may reinstate the special exception permit. If not reinstated the property owner shall be in violation of this chapter and the City may pursue its remedies thereunder.
9. Required Compliance Certificate and Zoning Permit for Permit Holders. All holders of special exception permits shall apply for a zoning permit prior to beginning construction and a certificate of zoning compliance within thirty (30) days of completion of the improvement for which the conditional use permit was secured.
10. Waiting Period for Resubmittal. Whenever an application for a special exception permit is denied it cannot be renewed for one year thereafter.