(a) Any person who owns or has interest in a lot subject to the special exception requirements, may file an application to use such property for special exceptions provided for by this Ordinance in the District in which the property is situated. Seven (7) copies and one (1) digital pdf of an application for a special exception shall be filed with the City Planner or designee, who shall forward a copy to the members of the Board of Zoning Appeals. The application shall contain the following information:
(2) A plan of the proposed site for the special exception use showing the location of all buildings, parking and loading areas, traffic circulation, open spaces, landscaping, trash disposal and service areas, utilities, signs, setbacks, and other information that the Board may require to determine if the proposed special exception meets the intent and requirements of this Ordinance.
(3) A narrative statement evaluating the effects on the adjoining property, and a discussion of the general compatibility with adjacent and other properties in the District.
(4) The names and addresses of all property owners within one hundred (100) feet, contiguous to and directly across the street from the property, as appearing on the County Auditor's current tax list.
(5) The applicable review fee as listed in the separate fee schedule adopted by City Council.
(6) Such other information regarding the property, proposed use, or surrounding areas as may be pertinent to the deliberations of the Board of Zoning Appeals.
(b) Board of Zoning Appeals Action. The Board of Zoning Appeals shall hold a public hearing and provide notification of such hearing using the same procedure and notification requirements as Section 1157.05
(c) and (d). The Board shall take action within thirty (30) days from date of the hearing, unless the applicant and the Board mutually agree to waive this requirement. In order for a special exception to be granted, it must be determined by at least three (3) members that said special exception is in harmony with the spirit and intent of the Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Provided that the Board in granting the special exception shall have the authority to prescribe appropriate conditions and safeguards, may limit the grant of the special exception to a specified period of time, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached.
(c) Time Limitation on Special Exceptions. A special exception which has not been utilized within twenty-four (24) months from date of the order granting same shall thereafter be void, provided that the Board has not extended the time for utilization. For the purposes of this provision, utilization shall mean actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion.
(d) If the application is approved with supplementary conditions, the Board of Zoning Appeals shall direct the City Planner or designee to issue a Zoning Clearance Permit listing the specific conditions listed by the Board of Zoning Appeals for approval.
(e) If no action is taken by the Board of Zoning Appeals within the timeframe specified in this Section, the application shall be considered approved.
(Ord. 15-23. Passed 8-14-23.)