(A) Permission may be granted by the Board of Adjustment (BOA) for the establishment of special uses provided that the BOA finds that the special use:
(1) Will not endanger the public health or safety;
(2) Will not adversely impact the value of adjoining or abutting property;
(3) Will be in harmony with the area in which it is located;
(4) Will not be affected adversely by the existing uses;
(5) Will not constitute a nuisance or hazard because of the number of persons who will attend or use the facility, vehicular movement, noise or fume generation, or type of physical activity;
(6) Will meet all minimum UDO regulations and standards of the zoning district in which it will be located; and
(7) Will be in conformity with the land development plan, thoroughfare plan or other plan officially adopted by the Board of Commissioners.
(B) Subject to division (C) below, in approving a special use request, the BOA may impose or require the additional restrictions and standards in addition to those specified in the UDO as will ensure that the development in its proposed location will meet the findings listed in division (A) above.
(C) However, the BOA may not attach additional conditions that modify or alter the specific requirements set forth in the UDO unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements.
(D) Conditions and safeguards imposed shall not include requirements for which the City does not have authority under State statute to regulate. Conditions imposed must be agreed to in writing by the applicant.
(E) All additional conditions or requirements shall be specified in the letter of approval issued to the applicant by the Zoning Administrator.
(F) All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of the UDO.
(G) A vote may be taken on application conditions or requirements before consideration of whether the special use request should be denied for any of the reasons set forth in § 153.12(G)(8) and (9).
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)