§ 153.082 BOARD OF ADJUSTMENT JURISDICTION OVER USES OTHERWISE PERMISSIBLE WITH A ZONING PERMIT.
   (A)    Notwithstanding any other provision of this subchapter, whenever the table of permissible uses (interpreted in the light of § 153.081 and the other provisions of this subchapter) provides that a use in a non-residential zone is permissible with a zoning permit, a special use permit shall nevertheless be required if the Zoning Administrator finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the Zoning Administrator shall consider, among other factors:
      (1)   Whether the use is proposed for an undeveloped or previously developed lot;
      (2)   Whether the proposed use constitutes a change from one principal use classification to another;
      (3)   Whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties; and
      (4)   Whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question.
   (B)   Said determination by the Zoning Administrator shall be rendered in writing and shall include findings based on the above-mentioned factors.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)