(A) The Board of Zoning Appeals may only consider those applications for Special Exception, Special Use, Contingent Use, or Conditional Use (hereinafter collectively referred to as exceptions and uses) listed in the Schedule of Uses for the applicable zoning district for the lot upon which the exception or use is proposed.
(B) A proposed exception or use can only be granted by the Board of Zoning Appeals upon an affirmative finding on the following criteria:
(1) The proposed exception or use will not be injurious to, or alter the normal and orderly development of, permitted uses of property within the general vicinity;
(2) The proposed exception or use is serviced by adequate access roads, ingress and egress points, and traffic flow and control mechanisms;
(3) The establishment, maintenance, or operation of the proposed exception or use will not be injurious to the public health, safety, or general welfare; and
(4) The proposed exception or use is not inconsistent with the Comprehensive Plan.
(C) The Board of Zoning Appeals may impose reasonable conditions as a part of its approval.
(D) The Board of Zoning Appeals, when reviewing a request for special exception or variance, may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of the parcel. Written commitments shall be prepared and executed in accordance with the rules of procedure of the Board.
(E) The Board of Zoning Appeals may amend or remove a condition of approval only upon an affirmative finding on the following criteria:
(1) There has been a change in circumstances regarding the subject property, and/or property within the general vicinity, since the date the condition was placed, that makes the condition no longer appropriate or necessary.
(2) There has been change in circumstances, since the date the condition was placed, regarding the ordinances, rules or regulations, as they now apply to the subject property.
(Ord. 8-C-93, passed 6-8-93; Am. Ord. 7-C-92, passed 5-12-92; Am. Ord. 6-C-97, passed 6-10-97)