(A) Authority. The Board of Zoning Appeals shall have the power to authorize special exceptions and to attach such conditions to the special exceptions as it deems necessary to assure compliance with the purpose of this chapter. This may include prohibiting or limiting such things as signage, area, screening, outside lighting, hours of operation, and the like. A special exception may be permitted if all the following requirements are met.
(1) The special exception shall be listed as such in the listing associated with the chapter for the district requested.
(2) The special exception shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the environmental performance standards of § 154.034.
(3) The special exception shall produce a total visual impression and environment which is consistent with the environment of the neighborhood.
(4) The special exception shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.
(5) The special exception shall preserve the purpose of this chapter.
(B) Conditions of special exceptions.
(1) The petitioner shall provide a site plan, photographs, and/or such other documentation to assist in the clarification of the petitioner’s request for a special exception.
(2) If an improvement location permit and/or building permit is not secured within six months of the granting of the special exception, the special exception is null and void. The applicant must secure another special exception prior to the issuance of another improvement location permit and/or building permit.
(3) The special exception is only good for one set of improvement location permit(s) and/or building permit(s) for which the special exception was granted. If any further expansion, extension, enlargement, addition, alteration, or structure is needed, then the applicant must receive a new special exception.
(4) If a special exception ceases or is discontinued at the site for a 12-month period during which time it is not succeeded by the same specifically approved special exception, then the authorization is void and another special exception is required.
(5) A special exception may be terminated by the Board of Zoning Appeals, upon filing of an application therefor by an interested person or the Administrator, and upon finding at a public hearing, with notice to the property owner, that the terms of this chapter or conditions of approval or commitments have not been complied with.
(6) All special exceptions shall be approved for the originating applicant for a specific location, and may not be transferred to any other location by that applicant. Should the property upon which the special exception be sold or conveyed to a different ownership, a new special exception will be required.
(7) Any special exceptions granted prior to this chapter are subject to the current provisions of this chapter.
(8) This must be renewed each year by the date of issue. Applicable fees must be paid.
(Ord. 01-04-01, passed 4-10-2001)