(A) Upon receipt of an application for an improvement location permit for a special exception by the Building Inspector, it shall be referred to the Board. A copy of each application shall be referred concurrently to the Commission. The application shall be prepared in the same manner and form as all other applications for improvement location permits. The application shall be accompanied by a written statement showing that the conditions and requirements of Ch. 153
of this code of ordinances have been or will be met, and providing such other information showing that the proposed special exception will be in compliance with all applicable conditions and requirements of this chapter.
(B) The Board shall then proceed with a hearing which shall be held within 45 days from the date of filing of the application for a special exception. The Board shall cause notice of the hearing to be published in a newspaper of general circulation in the city at least ten days prior to the date set for the hearing, setting forth the time and place of the hearing and giving due notice to the interested parties in accordance with the rules of the Board.
(C) Upon the hearing, if the Board finds that the conditions listed below exist, the Board shall direct the Building Inspector to issue the improvement location permit for the special exception, otherwise the Board shall direct the Building Inspector to reject the application. The findings of the Board and its order to the Building Inspector shall be in writing.
(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.
(6) The special exception will be located in a district where such use is permitted and where all other requirements set forth in § 150.263 of this chapter applicable to the special exception will be met.
(D) 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.
(E) Any person to whom is issued an improvement location permit for a special exception who fails to commence construction within 12 months after the permit is issued, who fails, after commencing construction within such period, to carry to completion the total development plan thereof within three years after the construction is begun, or who fails to conform to the provisions of the development plan and supporting data finally approved by the Board and upon the basis of which such improvement location permit was issued, may be required by the Board upon its own motion, and shall be required by the Board upon 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.
(F) The holder of an improvement location permit for a special exception may apply to the Board at any time for an alteration, change, amendment, extension of the application or development plan upon which the permit was based.
(1) Upon receipt of the application, the Board shall proceed as in the case of original applications for an improvement location permit for 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 so notify the Building Inspector, who shall issue an amended improvement location permit.
(G) A residential development plan may be permitted by the Board as a special exception, and subject to compliance with the following requirements and procedure in accordance with this section.
(1) The buildings proposed shall be used primarily for single-family or two-family dwellings, apartments or group houses, and the usual accessory uses such as garages, storage spaces and community activities, and only a small commercial area, composed of service stores, may be included.
(2) The area of the tract, excluding street area, but including the area to be devoted to parks, parkways and other open spaces, will provide the minimum lot area per family, counting all families to be housed under the residential development plan which is required for the district in which the development is to be located.
(Prior Code, § 150.191) (Ord. 1978-4, passed 3-21-1978)