(A) General. The Board of Zoning Appeals upon application and after hearing subject to the procedural and substantive standards hereinafter set forth, may grant the following special exceptions.
(1) Special exception uses as designated and regulated within the permitted use provisions of the zoning district.
(3) Special exception use for off-street parking use of property located within a residential district, when the property is abutting an office, commercial, or industrial district.
(4) Allow satellite antennas which do not meet all of the standards as set forth in § 153.024(D)(4), of this chapter.
(5) Special exception to allow a sexually oriented business to establish itself in the city.
(B) Application. A request for a special exception shall be initiated by the filing of an application with the Area Board of Zoning Appeals and shall be set for public hearing by its Secretary in accordance with the rules established by the Board.
(1) The application shall include such information as necessary to evaluate such request and such additional information as the Board of Zoning Appeals may require. The minimum requirements for a site plan in accordance with § 153.221(B) will be provided; further, the applicant shall define the nature of the special exception being requested and address the criteria for granting a special exception as set forth in § 153.246(C)(1).
(2) The applicant for a special exception shall be the owner(s) of record or designee with an affidavit of designee by power-of-attorney.
(3) The filing deadline for applications is the second Thursday of the month.
(C) Board of Zoning Appeals action.
(1) After public notification of the public hearing in accordance with § 153.244(B), the Board of Zoning Appeals shall hold the public hearing on each request. A concurring vote of a majority of the entire membership will approve the special exception request. The special exception may be granted upon a determination in writing that:
(a) Will be in harmony with the spirit and intent of this chapter;
(b) Will not be injurious to the neighborhood or otherwise detrimental to the public welfare;
(c) The proposed use at that particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare or the neighborhood or community; and
(d) The proposed use will comply with the regulation and condition specified in this chapter for such use and with the conditions and safeguards proscribed by the Board in authorization of the use.
(2) The Board in granting the special exception may attach conditions and safeguards and may require such evidence and guarantee or bond as it may deem necessary to enforce the compliance with the attached conditions.
(3) A record of pertinent information presented at the public hearing shall be made and maintained by the Board, as part of the permanent record relative to the application.
(4) Board of Zoning Appeals guidelines for consideration of sexually oriented business. The special exception may be granted upon a written determination that:
(a) The provisions of § 153.246(C)(1) are met;
(b) The perimeter of the subject lot is not:
1. Located within 300 feet of any residential or office district: or that
2. The perimeter of the subject lot is not located within 300 feet of the perimeter of a lot which is the location of a:
(i) Church;
(ii) Public library or private library opens to the public;
(iii) Public park;
(iv) Public playground; or
(v) Public and/or private school of primary, secondary or higher education.
(D) Time limitation on special exception. A special exception which has not been utilized within one year from the date or the order granting the exception shall thereafter be void. This provided that the Board has not extended the time for utilization. For the purpose of this provision, utilization shall mean actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion. The exception to this provision is the event of litigation concerning such Special Exception. In such cases the period of one year shall not begin to run until the complete and final cessation of litigation. The Plan Commission staff is to provide written notice of the pending expiration to the applicant at least 30 days prior to the expiration date. The applicant shall file the request for extension of the special exception order within 15 days of the public hearing.
(E) Time limitation on re-filing. A rehearing of a special exception which has been denied, or a new filing or re-filing for a special exception which has been denied shall not be permitted for one year following the denial.
(F) Application withdrawal or amendment. The application for a special exception must be withdrawn before the public hearing is opened to avoid the one year penalty per § 153.246(F). Any amendment of the original application by the applicant should be stated at the time of the public, and the Board of Zoning Appeals may propose and the applicant may accept any amendments to the application during the public hearing or during deliberations of the Board of Zoning Appeals before the vote on action. It is within the authority of the Board of Zoning Appeals to determine that an amendment is not substantive in nature or reduces the potential adverse impacts on abutting property owners, and the public hearing may be continued to the next public hearing without re-notification of the abutting property owners if the Board of Zoning Appeals so desires. On the other hand, if the Board of Zoning Appeals determines that an amendment is substantive in nature and does have the potential to increase adverse impacts on abutting property owners, the Board of Zoning Appeals may request that the public hearing be continued to the next public meeting and that the applicant re-notify abutting property owners of the new or supplemental hearing date.
(G) Land use and development agreements for special exception. See § 153.224.
(H) Who may use. A special exception for a mobile home must be used by the owner of the real estate or by a member of the owner’s family. If the mobile home for which the special exception is issued remains unoccupied for a continuous period of 12 months or if it is not used as a residence by the owner or by a member of the owner’s family for a continuous period of 12 months then the special exception is void.
(Ord. 12-16, passed 8-8-12; Am. Ord. 2016-2A, passed 1-21-16)