(A) (1) The special exceptions listed in the districts as provided in this chapter and their accessory buildings and uses may be permitted by the Board in the districts indicated, in accordance with the procedure set forth in this section.
(2) The special exceptions listed are those customarily located in the community. When an appeal is taken to the Board upon the denial of an application for an improvement location permit for a use not specifically stated or implied elsewhere in these regulations and not listed, the Board shall refer the matter of this proposed use to the Commission for consideration of an amendment to the regulations.
(B) Upon receipt of an application for an improvement location permit for a special exception by the Zoning Administrator, it shall be referred to the Commission for investigation as to the manner in which the proposed location and character of the special exception will affect the Comprehensive Plan. The Commission shall report the results of its study to the Board within. The Board shall then proceed with a hearing on the application in the manner prescribed in the ordinance adopting these regulations. Following the hearing and upon an affirmative finding by the Board that:
(1) The proposed special exception is to be located in a district wherein such use may be permitted; and
(2) The requirements set forth in the district and this section for such special exception will be met; and
(3) The special exception is consistent with the spirit, purpose, and intent of these regulations, will not substantially and permanently injure the appropriate use of neighboring property and will serve the public convenience and welfare, the Board shall order the Zoning Administrator to issue an improvement location permit for the special exception.
(C) Commitments regarding a special exception use may be required or accepted by the Board in the manner provided in § 153.180.
(D) An existing use which is listed herein as a special exception, and which is located in a district in which such special exception may be permitted, is a conforming use. Any expansion of such special exception involving the enlargement of the buildings, structures and land area devoted to such use shall be subject to the procedures described in this section.
(1985 Code, § 36-7-4-600(6.0))