(A) Upon receipt of an application for an improvement location permit for a special exception by the Building Inspector, the application shall be referred to the Board of Zoning Appeals. A copy of each application shall be referred concurrently to the City Plan Commission. The Board shall then proceed with a hearing.
(B) Upon a hearing, and after the findings contained in divisions (B) (1) through (B) (6) below, the Board shall direct the Building Inspector to issue the improvement location permit for the special exception, or 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 the use is permitted and all other requirements set forth in § 9 of Appendix A at the end of this chapter applicable to the special exception will be met.
(C) The Board may impose additional conditions to assure that the special exceptions will conform to the intent of this chapter.
(D) Upon the receipt of an application for an improvement location permit for a business or enclosed industrial use proposed to be located in an RB Roadside Business District, the permit therefore shall not be granted until a development plan has been approved as a special exception in accordance with the procedure set forth in this section, and the basic requirements and provisions of §§ 155.040 through 155.055, and §§ 155.070 through 155.081, and §§ 2, 3, 4, 5, and 6 of Appendix A at the end of this chapter pertaining to uses in the RB District shall be met.
(E) Any person who is issued an improvement location permit for a special exception, who fails to commence construction within 12 months after the permit is issued, or who fails to carry to completion the total development plan thereof within three years after the construction is begun, whichever is later, 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 the 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 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, or extension of the application or development plan upon which the permit was based. 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. In the event the Board shall approve and order the application or development plan changed, altered, amended, or extended, it shall notify the Building Inspector who shall issue an amended improvement location permit accordingly.
(Ord. CO-67-2, passed 2-21-67)