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A. Authorized Special Exceptions: Only those special exceptions expressly authorized in this UDO may be approved as special exceptions.
B. Authority To File: Applications for special exception approval may be filed only by the owner of the subject property or by the property owner's authorized agent.
C. Application Filing: Complete applications for special exception approval must be filed with the City Clerk.
D. Review And Report - Community Development Director: Following receipt of a complete application, the Community Development Director must prepare a report on the proposed special exception. The report must be transmitted to the Board of Adjustment before the required public hearing.
E. Notice Of Hearing: Notice of the Board of Adjustment's required public hearing on a special exception application must be provided as follows (see subsection 10-15-1E of this chapter for additional information on required newspaper, mail and posted notices).
1. Newspaper Notice: Notice must be published in the newspaper at least ten (10) days before the scheduled public hearing.
2. Mailed Notice: Notice must be mailed to the owner of the subject property and all owners of property within three hundred feet (300') of the subject property at least ten (10) days before the scheduled public hearing.
3. Posted Notice: For uses that require special exception approval, notice (signs) must be posted at least ten (10) days before the scheduled public hearing. Posting of signs is not required for non-use matters.
F. Hearing And Final Decision - Board Of Adjustment:
1. The Board of Adjustment must hold a public hearing on the special exception application. Following the close of the public hearing, the Board of Adjustment must act to approve the proposed special exception, approve the special exception with conditions and/or modifications or deny the special exception. Approval of a special exception requires an affirmative vote of at least three (3) members of the Board of Adjustment.
2. In approving a special exception, the Board of Adjustment is authorized to impose such conditions and restrictions as the Board of Adjustment determines to be necessary to ensure compliance with the standards of subsection G of this section, to reduce or minimize the effect of the special exception upon other properties in the area, and to better carry out the general purpose and intent of this UDO.
G. Approval Criteria: A special exception may be approved only if the Board of Adjustment makes each of the following findings:
1. That the special exception will be in harmony with the spirit and intent of this UDO; and
2. That the special exception will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
H. Lapse Of Approval:
1. An approved special exception will lapse and become void three (3) years after it is granted by the Board of Adjustment, unless a building permit has been issued and the project has commenced and is diligently pursued to completion. If no building permit is required, the use, improvement or activity that is the subject of the special exception must be in place within the 3-year period.
2. The Board of Adjustment may extend the expiration period by up to one year at the time of approval of the special exception or any time before expiration of the approval. Requests for extensions after the special exception is approved must be processed in accordance with the special exception procedures, including applicable fees, notices and public hearings.
I. Transferability: Approved special exceptions run with the land and are not affected by changes of tenancy, ownership, or management.
1. Amendments to approved special exceptions must be processed as new special exception applications, including all requirements for fees, notices and public hearings, provided that the Community Development Director is authorized to approve the following:
a. Any structures or uses authorized to be approved by the Community Development Director at the time of special exception approval; and
b. The addition or relocation of customary accessory uses and structures.
2. Applications for amendments to approved special exceptions must be filed in a form established by the Community Development Director.
K. Appeals: Board of Adjustment decisions on special exceptions may be appealed to District Court in accordance with subsection 10-16-2K of this title. (Ord. 2018-16, 12-4-2018)