A. Granting Of Special Exceptions: The board of adjustment, upon application, and after notice (when notice is required) and public hearing, and subject to the procedural and substantive standards hereinafter set forth, may grant the following special exceptions:
1. Special exception uses as designated and regulated within the permitted use provisions of the zoning districts.
2. The change of a nonconforming use as provided in subsection 11-13-3F of this title.
3. The restoration of a partially destroyed structure containing a nonconforming use as provided in subsection 11-13-3G of this title.
4. The restoration of a partially destroyed nonconforming structure as provided in section 11-13-6 of this title.
5. The modification of a screening requirement, as provided in section 11-2-14 of this title.
6. Off street parking use of property located within a residential district, when the property is abutting an office, commercial, or industrial district. (1991 Code § 16-24-1480)
B. Application For Special Exception: A request for a special exception shall be initiated by the filing of an application with the city clerk and shall be set for public hearing by the secretary in accordance with the rules established by the board. (1991 Code § 16-24-1480; amd. Ord. 2013-3, 2-12-2013)
C. Board Of Adjustment Action: The board of adjustment shall hold the public hearing and, upon the concurring vote of three (3) members, may grant the special exception after finding that the special exception will be in harmony with the spirit and intent of this title, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Provided, that the board in granting a special exception shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bonds as it may deem necessary to enforce compliance with the conditions attached.
D. Time Limitation On Special Exceptions: A special exception which has not been utilized within one year from the date of the order granting same shall thereafter be void. For the purposes of this provision, "utilization" shall mean actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion. (1991 Code § 16-24-1480)