A. DEFINITION AND BASIS OF APPROVAL.
Special exceptions may be approved in zones as specified in Sections 1.04 through 1.07. The use approved shall be subject to any regulations or requirements imposed as a part of the special exception, in addition or in place of the other regulations and requirements of this Code. The provisions of a special exception shall replace and supersede the provisions of the base zone (except in the UD district), effective upon either construction of any facilities approved as a part of the special exception or upon beginning of operation of the use or uses specified, whichever occurs first. The provisions shall remain in effect until such time as the special exception use ceases to operate. Immediately prior to reuse of the structures or facilities used for the special exception, the provisions of the special exception shall become invalid and the regulations and requirements of the base zone shall again be in effect.
Any significant changes (as determined by the Board) in the use of a special exception or any construction of new facilities or structures, or major additions to existing facilities or structures (as determined by the Board) shall be subject to approval by the Board of Zoning Appeals using the same process as was used for the original approval.
B. PROCEDURE FOR APPROVAL.
Upon receipt of an application for a special exception, the Zoning Administrator shall refer a copy of the application to the Board of Zoning Appeals for public hearing and final approval or denial of the petition.
1. Upon such hearing, if the Board finds that:
a. The establishment, maintenance, or operation of the special exception will not be detrimental to or endanger the public health, safety or general welfare;
b. The special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
c. The establishment of the special exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
d. Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided; and
e. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets;
f. The Board shall direct the Zoning Administrator to issue an Improvement Location Permit for such special exception; otherwise, the Board shall direct the Zoning Administrator to reject the application. The findings of the Board and its order to the Zoning Administrator shall be in writing.
2. The Board may impose additional conditions to assure that the special exception will conform to the intent of this Ordinance. These additional conditions may include, but are not limited to, the provision of the following:
a. Off-street parking and loading areas, with particular attention to the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district.
b. Refuse and service areas.
c. Special screening and buffering with reference to type, dimensions, and character.
d. Signs and proposed exterior lighting with reference to glare, traffic, safety, economic effect, and compatibility and harmony with properties in the district.
e. Additional setback distances, yards and other open spaces.
f. General compatibility with adjoining properties, with reference to site development standards designed for their mutual protection and the environmental harmony of the district.
g. A Development Plan, in the event such a plan is not already required for a particular special exception, is set forth in Section 4.
3. If the nature of the special exception involves more than one of those listed, the applicant may apply for an Improvement Location Permit for the special exception, which most closely relate to the primary use; provided that the requirements of the related uses will be met.
4. Any person, to whom is issued an Improvement Location Permit for a special exception, who fails to commence construction within twelve (12) months after such permit is issued, or who fails to carry to completion the total Development Plan thereof within two (2) years after such construction is begun, whichever is later, or who fails to conform to the provisions of the Development Plan and supporting data finally approved by the Board and upon the basis of which such Improvement Location Permit was issued, may be required by the Board upon its own motion, and shall be required by the Board upon written petition of any person deeming himself aggrieved, to show cause why such approval should not be withdrawn and such Improvement Location Permit revoked.
5. The holder of an Improvement Location Permit for a special exception may apply to the Board at any time for an alteration, change, amendment or extension of the application or Development Plan upon which such Permit was based.
a. Upon receipt of such application, the Board shall proceed as in the case of original applications for an Improvement Location Permit for a special exception.
b. In the event the Board shall approve and order such application or Development Plan changed, altered, amended or extended, it shall notify the Zoning Administrator who shall issue an amended Improvement Location Permit accordingly.
C. EXISTING USE MAY BE A CONFORMING USE.
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, provided such use meets the minimum lot area requirements of the base zone. Any expansion of such special exception involving the enlargement of a building, structure, and land area devoted to such use shall be subject to the requirements and procedures described in this section.
D. TEMPORARY CERTIFICATES.
Whenever a special exception has been approved and is of such a nature that the applicant desires to complete the structure and improvements shown in the Development Plan by stages, the applicant may make application for a Temporary Certificate of Occupancy for any portion of the plan that has been completed.