(A) Special use decisions. The Board, in approving or rejecting a special use application, shall base its decision upon the following factors as they relate to the listed items in § 156.047(A) through (Y) of this code, concerning the proposed special use:
(1) The particular physical suitable of the premises in question for the proposed special use;
(2) The economic factors related to the proposed special use, such as cost/benefit to the community and its anticipated effect on surrounding property values;
(3) The social/neighborhood factors related to the proposed special use, such as compatibility with existing uses and those permitted under current zoning in the vicinity of the premises under consideration and how the proposed special use will affect neighborhood integrity;
(4) The adequacy and availability of water, sewage and storm drainage facilities and police and fire protection; and
(5) The effects of the proposed special use on vehicular and pedestrian traffic in and around the premises upon which the special use is proposed.
(B) Special exception decisions. A special exception application may be approved by the Board only upon a determination in writing that:
(1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, in relation to the listed items in § 156.047(A) through (Y) of this code;
(2) Concerning the proposed special exception;
(3) The use and value of the area adjacent to the premises under consideration will not be affected in a substantially adverse manner;
(4) The need for the special exception arises from the applicant’s responsibility to provide public utility service, and not from any condition peculiar to the premises under consideration;
(5) It will constitute an unnecessary hardship for the applicant if the special exception is denied, in that there are no existing or approved towers or other structures in the vicinity of the premises under consideration which would be suitable for the collocation of the equipment that the applicant needs to locate in such vicinity, having regard to the following factors:
(a) Whether the needed equipment would exceed the structural capacity of such existing or approved towers or structures, as documented by a qualified professional engineer, and whether such towers or structures could be reinforced, modified or replaced to accommodate the needed or equivalent equipment at a reasonable cost;
(b) Whether the needed equipment would cause interference materially impacting the usability of existing or planned equipment at such existing or approved towers or structures, as documented by a qualified professional engineer, and whether such interference could be prevented at a reasonable cost; and
(c) Whether the needed equipment could be accommodated on such existing or approved towers or structures at a height necessary to function reasonably, as documented by a qualified professional engineer.
(6) The approval of the special exception does not interfere substantially with the Comprehensive Plan, in that there are no alternative sites suitable (having regard to the factors listed in division (B)(4) above) for the equipment that the applicant needs to locate in the vicinity, which are located in either Business, Industrial or Manufacturing Districts, or on property outside of the jurisdiction or otherwise exempt from the requirements and procedures of this Zoning Code.
(Ord. 2003-5, passed 11-3-2003)