(A) The Board of Zoning Appeals shall consider applications only for such special exceptions as are specifically enumerated in this chapter and, as to each special exception that is granted, may impose such conditions on the exercise of such special exception as the Board may deem advisable. No special exception shall be granted by the Board unless the Board specifically finds that:
(1) The special exception is so defined, located and proposed to be operated that the public health, safety and welfare will be protected;
(2) The special exception will not reduce the values of other properties in its immediate vicinity; and
(3) The special exception shall conform to the regulations of the zoning district in which it is to be located.
(B) An application for a special exception shall be filed with the Planning and Zoning Office in such form as may be prescribed from time to time by the Board.
(C) No application for a special exception shall be considered by the Board until the Plan Commission has considered such application and made a recommendation to the Board based upon land use considerations only. The recommendation by the Plan Commission shall not require a public hearing.
(D) The Board shall hold a public hearing on each application for a special exception. At least 10 days prior to the date set for such hearing, public notice of the time, date and place thereof shall be given by publication in a newspaper of general circulation in the city and, in addition, actual notice of the hearing shall be given to all interested parties.
(E) Special exceptions shall be exercised in strict accordance with the terms of approval thereof by the Board, provided that minor changes in the location or use of proposed and existing structures and usage may be authorized by the Board without a public hearing if such changes are consistent with the purpose and intent of the terms of the original approval. Whether or not any such change constitutes a minor change shall be determined by the Board, in its sole discretion.
(F) Any use existing at the effective date of this chapter as to the land on which such use is exercised and which use is listed as a special exception in a zoning district under the terms of this chapter may be altered or enlarged only if a new special exception is granted by the Board as provided in this chapter.
(G) If no construction has begun or no use established within 12 months from the approval of a special exception, the special exception shall lapse and be of no further effect, and the provisions of this chapter which would govern the land and its usage without regard to the special exception shall thereafter apply, and the Planning and Zoning Office shall remove the special exception from the zoning map.
(1979 Code, § 151.236) (Ord. 4370, passed 7-20-1998)