The BZA shall hear and determine special exception petitions.
(A) General. The BZA shall hear and determine special exception petitions.
(B) Application process. The petition process for a special exception is as follows:
(1) A special exception shall be applied for in writing on a form provided by the Plan Commission.
(2) Every petition for a special exception shall be accompanied by the following:
(a) All applicable fees, as established by the official fee schedule;
(b) A list of affected parties;
(c) A legal description of the property; and
(d) A site sketch, not necessarily drawn to scale and on plain paper no smaller than 8 1/2 x11 inches, showing:
1. All existing structures;
2. All property boundaries;
3. All adjacent streets and/or alleys;
4. All utility easements and facilities, such as telephone poles, gas meters, fire hydrants, and the like;
5. All driveways and parking spaces; and
6. Any other data the Planning Director may require.
(3) If the special exception petition is for a home occupation, a supplemental information form provided by the Plan Commission shall also accompany the petition giving specific details about the business activity.
(4) The BZA shall hear and determine all special exception petitions during a public hearing.
(5) The disposition of the special exception shall be by an affirmative vote of the BZA. The disposition of the petition shall be covered by BZA rules of procedure adopted by resolution.
(C) Findings of fact. A special exception may be approved only upon written findings of fact that:
(1) The special exception is listed as such in the official schedule of uses.
(2) The special exception will not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons.
(3) If the special exception is for a manufacturing or industrial/processing facility, the petition will comply with all of the performance standards of § 153.070 of this chapter.
(4) The special exception will be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.
(5) The special exception will produce a total visual impression and environment, which is consistent with the environment of the neighborhood.
(6) The special exception will organize vehicular access and parking to minimize traffic congestion in the neighborhood.
(7) If the special exception is for a home occupation, the petition will comply with all the requirements of § 153.077 of this chapter.
(8) The special exception will preserve the purposes of this chapter.
(D) Conditions. When approving special exceptions, the BZA may impose reasonable conditions as a part of its approval.
(Ord. 4-2009, passed 3-9-09)