§ 152.123  SPECIAL EXCEPTIONS.
   (A)   General. Special exceptions or conditional uses are uses which have unique characteristics and cannot be properly classified in any particular zone. In each case, the impact of those uses upon neighboring land must be given individual consideration. Special exceptions, while requiring special consideration by the Board of Zoning Appeals, shall be deemed permitted uses in the district in which they are provided.
   (B)   Application for a special exception. An application for a special exception permit shall be filed with the Zoning Administrator and the Board of Zoning Appeals by at least one owner or lessee of the property for which the special exception is proposed. At a minimum, the application shall contain the following information:
      (1)   Name, address, and phone number of applicant;
      (2)   Any application filed by any person other than the legal owner of the real estate involved shall be accompanied by a written statement of such legal owner consenting to the filing of such application;
      (3)   Legal description of the property;
      (4)   Description of existing uses;
      (5)   Zoning district;
      (6)   Description of the proposed special exception;
      (7)   A plan of the proposed site for the special exception showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open space, landscaping, refuse, and service areas, utilities, signs, yards, and other information as the Board may require to determine if the proposed special exception meets the intent and requirements of this chapter and is appropriate for the location at which it is proposed;
      (8)   There shall accompany such application for a special exception a verified statement (affidavit) by the applicant that adjoining property owners were notified in writing at least 15 days prior to the date of the public hearing of such application as required by § 152.124(C);
      (9)   Any applicant shall furnish a verified proof (affidavit) of at least one publication of a notice in at least one newspaper having general circulation within the town consistent with the requirements of § 152.124(B);
      (10)   The cost of legal advertising and any required notice to affected property owners shall be borne by the petitioner.
   (C)   Considerations prior to granting a special exception. The Board of Zoning Appeals may grant a special exception after consideration of the appropriateness of the specific property for the use, congestion of public streets, availability of public facilities, and impact on surrounding property. The Board shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence that such use at the proposed locations:
      (1)   Is in fact a special exception as established under the provisions of this chapter and appears on the official schedule of uses for the zoning district involved;
      (2)   Will be designed, constructed, operated, and maintained in a manner which is harmonious and appropriate in appearance with the existing character of the area and shall not change the essential character of the area;
      (3)   Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be hazardous or disturbing to any persons or property;
      (4)   Will have vehicular approaches to the property which shall not create an interference with traffic on surrounding public thoroughfares;
      (5)   Will not create excessive additional requirements for public facilities and services;
      (6)   Will not result in the destruction, loss, or damage of natural, scenic, or historic features.
   (D)   Supplementary conditions and safeguards. In granting any special exceptions, the Board may prescribe appropriate conditions and safeguards in conformity with this chapter. When the conditions and safeguards are made part of the terms upon which the special exception is granted, violations shall be deemed a violation of this chapter and punishable under § 152.999.
   (E)   Expiration of special exception. A  special exception authorized by the Board of Zoning Appeals shall become void if the use for which the special exception was granted has not commenced within one year.
   (F)   Revocation of a special exception
      (1)   Special exceptions may be revoked or modified by the Board of Zoning Appeals after a public hearing for any one or more of the following reasons:
         (a)   The approval was obtained by fraud or misrepresentation of the facts;
         (b)   The special exception is being exercised contrary to the terms or conditions of approval or in violation of any statute, ordinance, law, or regulation.
      (2)   Procedure for revocation of a special exception shall be as follows:
         (a)   Upon determination by the Zoning Administrator that possible grounds for revocation of a special exception exists, the matter shall be placed on the Board of Zoning Appeal's agenda for a public hearing;
         (b)   The original applicant to whom the special exception was granted or his or her successor shall be notified by certified mail of the reasons for the possible revocation at least 30 days prior to the public hearing.
         (c)   Notice of the hearing shall also be given as stated in § 152.124.
   (G)   Public hearing for special exception. The Board of Zoning Appeals shall hold a public hearing within a reasonable length of time after receipt of an application for a special exception from the applicant, but only after assuring itself that legal advertisement and interested party notification requirements as set out in § 152.124 have been met. However, the public hearing shall not be held sooner than 15 days after its receipt.
   (H)   Action by the Board of Zoning Appeals. The Board of Zoning Appeals shall approve, approve with stipulations, or disapprove the request for a special exception within a reasonable time after the public hearing.
(Ord. 172, §§ 4-400 - 4-407, passed 4-5-90)