A. General. The Board of Adjustment, upon application, statutory notice, and a public hearing, may grant a Special Exception in the following circumstances, subject to the procedural and substantive standards set forth herein:
1. Special exception uses as designated and regulated within the Industrial Moderate (IM) zoning district, and subject to such uses conforming to the bulk and area requirements of the IM district, or as such requirements are made more restrictive by any conditions of approval imposed by the Board of Adjustment as set forth in Subsection C., below.
2. The change of a nonconforming use, as provided in Section 11-10-3, Nonconforming Uses.
3. The restoration of a partially destroyed structure containing a nonconforming use, as set out in Section 11-10-3, Nonconforming Uses.
4. The restoration of a partially destroyed nonconforming structure, as set out in Section 11-10-5, Structural Nonconformities.
B. Application for Special Exception.
1. A request for a Special Exception shall be initiated by the filing of an application with the City Planner and shall be set for public hearing by the City Clerk, in accordance with statutory requirements.
2. Through a registered bonded abstract company or a licensed title insurance company, a list of property owners and their mailing addresses, within a 300 foot radius of the outer boundaries of the subject property, as well as addressed adhesive envelope labels for all such property owners and administrative fees associated with the mailing of notice.
C. Board Action; Conditions. The Board of Adjustment, upon holding a public hearing, and, upon the concurring vote of three members, may grant a 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 surrounding properties or otherwise detrimental to the public welfare. The Board, in granting a Special Exception, may 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 Limit on Special Exceptions. A Special Exception which has not been utilized within one year of the date on which it was granted shall thereafter be void. For the purpose of this Subsection, “utilization” shall mean actual use or the issuance of a building permit, or a Certificate of Occupancy, when applicable, or any other condition of time imposed by the Board, provided construction is diligently carried to completion.
E. Written Findings of Fact. The Board shall file with the City Clerk written findings of fact that were the basis for the approval or denial of the Special Exception application. (Ord. 746, 11-14-2017)