(A) There shall be no classes of case or application therefor for, nor any particular situation in which this chapter authorizes, either special exceptions, contingent uses or conditional uses.
(B) The Advisory Board may provide a special use in a district if, after a hearing under § 156.131(D) of this chapter, it makes findings of fact in writing:
(1) That § 156.035 of this chapter authorizes that special use in that district;
(2) That the requirements and development standards for the requested special use as prescribed by this chapter will be met; and
(3) That granting the special use will not undermine the general purposes served by this chapter and will not, because of traffic generation, placement of outdoor lighting, noise production or hours of operation, materially and permanently injure other property or uses in the same zoning district and vicinity.
(C) The Advisory Board may impose such reasonable conditions upon its approval as it deems necessary to find that division (B)(3) above will be served.
(D) The Advisory Board may permit or require the owner of the parcel of property to make a written commitment concerning the use or development of the parcel.
(E) The approval of a special use under division (B) above is unnecessary for a use authorized by § 156.035 of this chapter if that use existed on the date that this chapter or pertinent amendments to it were passed. However, this section shall not authorize the expansion of such a use if it involves the enlargement of a building, structure or land area.
(F) A special use approved by the Advisory Board may not be expanded, extended or enlarged unless reapproved by the Advisory Board under the procedures set forth in this subchapter for approving a special use. A special use shall not be transferable upon change of ownership.
(G) A special use approved under division (B) or authorized by division (E) above ceases to be authorized and is void if that use is not established within a 12-month period of the date the special use was approved or if that special use is discontinued at that site for a 12-month period, during which time it is not succeeded by the same specifically-approved special use.
(H) A special use may be terminated by the Advisory Board of Zoning Appeals upon the filing of an application therefor by an interested person or the Administrator and upon a finding at a public hearing, with notice to the property owner that the terms of this chapter, the conditions of approval or the commitments have not been compiled with.
(I) The Administrator shall make the determination whether an applicant’s proposed use requires special use approval. Such a determination may involve the expansion, extension or enlargement of a previously-approved use under division (F) above. The Administrator shall file a written report with the Plan Commission stating the facts concerning the proposed use. The Plan Commission shall determine how the granting of the special use would affect the purposes served by this chapter in meeting the goals of the Comprehensive Plan. Within 30 days of the date on which it received the application, the Commission shall report its findings to the Advisory Board. The Advisory Board shall take the appropriate action based on the criteria in division (B) above. If the Advisory Board grants the special use, then it shall direct the applicant to apply for an improvement location permit under §§ 156.145 through 156.154 of this chapter. If such application complies with this chapter and with all other applicable codes and ordinances, then the Administrator shall issue the improvement location permit for the approved special use.
(Ord. 2002-5, passed 7-2-2002)