(A) The Board of Adjustment may grant a special exception use permit for uses permitted by special exception under the provisions of this subchapter, pursuant to the provisions of § 155.295.
(B) In considering applications for special exception use permits required under this subchapter, the Board of Adjustment shall not consider the review and evaluation criteria set forth in § 155.295(F), unless a special exception use permit is required under provisions of this code other than this subchapter.
(C) For purposes of this subchapter, the review and evaluation criteria shall be as follows:
(1) The potential or risk for ground water contamination created by the proposed use;
(2) Reasonable modifications or limitations to the proposed use that would reduce or eliminate the potential for ground water contamination;
(3) Site and facility drainage;
(4) Provisions for the containment, collection, control, removal and discharge of spills and wastes;
(5) Sanitary sewer or disposal facilities;
(6) Limitation of permitted areas for storage of hazardous, dangerous or toxic substances;
(7) The applicant’s demonstrated ability to safely handle toxic or hazardous substances under a written management plan and/or a plan of action to contain and clean up a spill of such substances, should a spill occur;
(8) The prior record and experience of the applicant or related entities concerning the spillage, discharge and control of contaminants;
(9) The financial ability and resources of the applicant as related to the applicant’s ability to accomplish a complete and timely cleanup required due to the release or discharge of a contaminant; and
(10) Any other factor that the Board of Adjustment finds is reasonably related to the protection of the municipal water supply.
(Prior Code, § 9-17-8) (Ord. 518, passed 8-2-1999)