Loading...
16-8-7-3: REQUIREMENTS FOR GRANTING SPECIAL EXCEPTION:
The board shall grant a special exception when the applicant has shown that the following standards have been met or are not applicable:
   A.   That the specific proposed exception will not be detrimental to or endanger public health, safety, comfort or general welfare.
   B.   That the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the neighborhood.
   C.   That establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located.
   D.   That adequate utilities, access roads, drainage and other necessary facilities are being provided.
   E.   That, except for the specific exception being proposed, any structure shall in all other respects conform to the applicable regulations or standards of the zone in which it is to be located. (Ord. 52-09, 10-19-2009)
16-8-7-4: CONDITIONS AND RESTRICTIONS ATTACHED TO GRANTING SPECIAL EXCEPTION:
In granting a special exception, the board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the standards of this title, to reduce or eliminate any detrimental effect of the proposed special exception on the neighborhood or the public welfare, or to carry out the general purpose and intent of this title. Violation of such conditions and restrictions, when made a part of the terms under which a special exception is granted, shall be deemed a violation of this title. (Ord. 52-09, 10-19-2009)
16-8-7-5: DECISIONS AND RECORDS:
The board shall render a written decision on an application for a special exception after the close of the public meeting. The decision of the board shall contain specific findings of fact supporting the granting or denial of the special exception and shall clearly set forth any conditions or restrictions imposed pursuant to this title. The board shall maintain complete records of all action with respect to applications for a special exception. (Ord. 52-09, 10-19-2009)
16-8-8: APPEAL FROM BOARD DECISION:
Appeals from action or decision of the board shall be made in the manner provided by state law. (Ord. 52-09, 10-19-2009)