(A) There shall be no cases or application therefore, nor any particular situation in which these rules authorize special exceptions without the approval of the Board of Zoning Appeals. Further, no previous applications shall set a precedence for any other application before the BZA.
(B) The Board may grant a special exception for a use in a district if, after a hearing under, it makes findings of facts in writing, that:
(1) The requirements and development standards for the requested use as prescribed by this chapter will be met; and
(2) Granting the exception will not subvert 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/or permanently injure other property or uses in the same district and vicinity.
(C) The Board may impose such reasonable conditions upon its approval as it deems necessary to find that the purpose of this chapter shall be served.
(D) The 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 as specified under I.C. 36-7-4-921.
(E) A use authorized by special exception may not be expanded, extended, or enlarged unless reauthorized by the Board under the procedures set forth in these rules for granting a special exception.
(F) A special exception, granted for a specific use ceases to be authorized and is void if that use is not established within a 12-month period of the date the special exception was granted, or if that use is discontinued at that site for a 12-month period during which time it is not succeeded by the same use specifically authorized as a special exception.
(G) A special exception may be terminated by the Board of Zoning Appeals, upon filing of an application therefore by an interested person or a member of the staff, and upon a finding at a public hearing, with notice to the property owner, that the terms of this chapter, or conditions of approval or commitments have not been complied with.
(H) To be eligible for the granting of a special exception under this section, a person must first receive a determination from the Board that a special exception is required for the intended use or for the expansion, extension, or enlargement of a use.
(I) After public hearing the Board shall issue written findings of facts granting or denying the special use exception. If the Board grants the special exception, the applicant may apply for an improvement location permit. If such application complies with all ordinances and rules, an improvement location permit for the use authorized by special exception shall be issued.
(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)