(A) Upon receipt of an application for a special exception, the Executive Director shall refer the application to the Board of Zoning Appeals for public hearing and approval or denial of the petition. Prior to a public hearing on such petition, the petition shall be reviewed for technical completeness and compliance with this chapter by a technical review committee comprised of the Executive Director, at least one, but not more than three, Area Plan Commission members, at least one, but not more than two, Board of Zoning Appeals members, the County Surveyor and the Attorney for the Area Plan Commission/Board of Zoning Appeals. Said technical review shall be conducted sufficiently in advance to provide a reasonable time, opportunity for the applicant, petitioner to submit any necessary documentation ten days prior to the meeting when the petition is scheduled to be heard.
(B) Upon such hearings, if the Board of Zoning Appeals finds that:
(1) The establishment, maintenance or operation of the special exception will not be detrimental to or endanger the public health, safety or general welfare;
(2) The special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(3) The establishment of the special exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
(4) Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided; and
(5) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.
(C) The Board shall direct the Executive Director to issue an improvement location permit for such special exception; otherwise, the Board shall direct the Executive Director to reject the application. The findings of the Board and its order to the Executive Director shall be in writing.
(D) The Board may impose additional conditions to assure that special exceptions will conform to the intent of this chapter. These additional conditions may include, but are not limited to, the provisions of the following:
(1) Off-street parking and loading areas, with particular attention to the economic, noise, glare or odor effects of the special exception on adjoining properties and properties generally in the district;
(2) Refuse and service areas;
(3) Special screening and buffering with reference to type, dimensions and character;
(4) Signs and proposed exterior lighting with reference to glare, traffic, safety, economic effect and compatibility and harmony with properties in the district;
(5) Additional setback distances, yards and other open space;
(6) General compatibility with adjoining properties, with reference to site development standards designed for their mutual protection and the environmental harmony of the district;
(E) If the nature of the special exception involves more than one of those listed in § 156.404 of this chapter, the applicant may apply for an improvement location permit for the special exception, which most closely relates to the primary use; provided that, the applicable requirements of the related uses will be met.
(F) Any person, to whom is issued an improvement location permit for a special exception, who fails to commence construction within 12 months after such permit is issued, or who fails to carry to completion the total development plan thereof within three years after such construction is begun, whichever is later, or who fails to conform to the provisions of the development plan and supporting data finally approved by the Board and upon the basis of which such improvement location permit was issued, may be required by the Board upon its own motion, and shall be required by the Board upon written petition of any person deeming himself or herself aggrieved, to show cause why such approval should not be withdrawn and such improvement location permit revoked.
(G) The holder of an improvement location permit for a special exception may apply to the Board at any time for an alteration, change, amendment or extension of the application or development plan upon which such permit was based.
(1) Upon receipt of such application, the Board shall proceed as in the case of original applications for an improvement location permit for a special exception.
(2) In the event the Board shall approve and order such application or development plan changed, altered, amended or extended, it shall notify the Executive Director who shall issue an amended improvement location permit accordingly.
(Ord. passed - -2006, § 80.24(B))