The Board of Adjustment shall not grant a special exception permit unless and until the following procedures have been fulfilled.
(A) The Board of Adjustment shall schedule a public hearing in relation to the special exception request. Notice shall be given to the public hearing as required by state statute by publication in a newspaper of general circulation in the county. If feasible, notice of the public hearing will be mailed to property owners within 200 feet of the exception request.
(B) The Board of Adjustment shall determine that it is empowered under this chapter to grant the special exception as described in the application, and that granting of the special exception will not adversely affect the public interest.
(C) In granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter and punishable under § 154.999 of this chapter.
(D) (1) The concurring vote of three members of the Board of Adjustment grants a special exception use permit.
(2) No order of the Board of Adjustment granting a special exception use permit shall be valid for a period longer than two years from the date of such order, unless the Board of Adjustment specifically grants a longer period of time or a commenced.
(E) The Board of Supervisors may, after a decision of the Board of Adjustment is made, vote to delay the implementation of such decision for a period of 30 days. The Board of Supervisors may not overturn a decision of the Board of Adjustment. During the 30-day period, the Board of Adjustment may or may not reconsider its decision.
(F) The County Board of Supervisors may impose conditions on a property owner which are in addition to existing regulations if the additional conditions have been agreed to in writing by the property owner before the public hearing required herein. The conditions must be reasonable and imposed to satisfy public needs which are directly caused by the requested change.
(Ord. passed - -2010)