§ 152.35  SPECIAL EXCEPTIONS.
   The special exceptions defined below, including accessory buildings and uses, are permitted in the districts indicated in Appendices G and H following this chapter, subject to the provisions herein.
   (A)   A "SPECIAL EXCEPTION" is one contemplated by this chapter, which is likely or liable but not certain to occur, and is compatible with the essential design of a particular zone, although the use is contrary to the restrictions imposed thereon.  A "SPECIAL EXCEPTION" is not at variance with the various elements or objectives of this chapter and the comprehensive plan; therefore, a "SPECIAL EXCEPTION" shall not be construed to be a zone change and shall be granted by the Plan Commission in those cases in which such an exception is suitable and appropriate.
   (B)   The maximum building height for special exceptions shall be as provided in Appendix H following this chapter.
   (C)   Whenever a special exception is expanded or enlarged, parking space shall be provided for the expanded or enlarged portion thereof in accordance with the requirements of this section.
   (D)   Other provisions and requirements for special exceptions are as follows:
      (1)   The maximum building height requirement in Appendix H may be increased if buildings are set back, from front and rear property lines, one foot for each two feet of additional height above the maximum building height requirement.
      (2)   In all districts, spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts, and essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances.
      (3)   A church or temple requiring parking area at times when nearby uses do not need their parking facilities may by agreement approved by the Board of Zoning Appeals utilize such facilities in lieu of providing their own parking facilities.
(Ord. 2281, passed 4-2-79)  Penalty, see § 152.99
Statutory reference:
   Special exceptions; procedure, see IC 36-7-4-920, 36-7-4-923, and 36-7-4-924