(A) Application. Upon receipt of a properly completed application and development plan for a special exception use permit, the Building Commissioner shall transmit to the Plan Commission for investigation as to the manner in which the proposed location and character of the special exception use will affect the comprehensive development plan of the town. The Plan Commission shall report the results of its study of the application to the Board of Zoning Appeals including the recommendation of any additional conditions recommended by the Commission and shall be scheduled for a public hearing in accordance with state statues.
(B) Notice. Notice of the public hearing for the special exception use shall be provided in accordance with the requirements of I.C. 36-7-4-920 through 36-7-4-921.
(C) Action by Board of Zoning Appeals.
(1) The Board of Zoning Appeals, shall, after public notice and the close of the hearing according to law, take one of the following actions:
(a) Approve the application as submitted;
(b) Approve the application subject to the additional conditions as recommended by the Plan Commission and set forth in § 156.448(A) of this chapter;
(c) Table the application for further consideration; or
(d) Deny the application.
(2) Upon reaching a decision, the Board of Zoning Appeals shall instruct the Building Commissioner to notify the applicant, in writing, of its decision. If the application is approved or approved with conditions, the Board of Zoning Appeals shall also instruct the Building Commissioner to issue a special exception permit which shall specify all conditions associated with the special exception approval.
(Ord. passed 9-26-2006)