A. General: The board of adjustment, upon application, and after notice (when notice is required) and public hearing, subject to the procedural and substantive standards hereinafter set forth, may grant the following special exceptions:
1. Special exception uses as designated and regulated within the permitted use provisions of the zoning districts.
2. The change of a nonconforming use, as provided in subsection 10-13-3F of this title.
3. The restoration of a partially destroyed structure containing a nonconforming use, as provided in subsection 10-13-3G of this title.
4. The restoration of a partially destroyed nonconforming structure, as provided in section 10-13-6 of this title.
5. The modification of a screening requirement, as provided in section 10-4-12 of this title.
6. Off street parking use of property located within a residential district, when the property is abutting an office, commercial or industrial district.
B. Application: A request for a special exception shall be initiated by the filing of an application with the city clerk and shall be set for public hearing by the secretary in accordance with the rules established by the board.
C. Board Of Adjustment Action: The board of adjustment shall hold the public hearing and, upon the concurring vote of three (3) members, may grant the special exception after finding that the special exception will be in harmony with the spirit and intent of this title, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Provided that the board in granting a special exception shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bonds as it may deem necessary to enforce compliance with the conditions attached.
D. Time Limitation On Special Exceptions: A special exception which has not been utilized within one year from the date of the order granting same shall thereafter be void. For the purpose of this provision, "utilization" shall mean actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion. (Ord. 165, 12-6-1983)