A. Conditions For Granting: The board of adjustment, upon application, and after notice and public hearing, 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 general use districts.
3. The restoration of a partially destroyed nonconforming use as provided in chapter 9 of this title.
4. Modification of a screening requirement.
5. Off street parking use of properties located within a residential district, when such properties are abutting an office, commercial, or industrial district.
B. Application And Fees:
1. A request for a special exception shall be initiated by the filing of an application with the secretary of the board. An application shall be in such form and content as the board may by resolution establish and shall be accompanied by the payment of a fee established by the city council. Costs of notice and posting of signs shall be billed to the applicant.
2. An application shall be filed with the board, and may be set for public hearing by the secretary, in accordance with the rules of the board.
C. Notice Required:
1. The board shall give fifteen (15) days' notice of a public hearing on a proposed special exception by publication in a newspaper of general circulation and, where deemed necessary by the board, additional notice shall be given by the posting of sign or signs on the property.
2. Notice shall be fairly and reasonably calculated to give notice of the nature of the proceedings and the proposed special exception.
D. Board Action: The board of adjustment shall hold the public hearing and, upon the concurring vote of four (4) members, may grant a 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 bond as it may deem necessary to enforce compliance with the conditions attached.
E. Time Limitation On Special Exceptions: A special exception which has not been utilized within a period of two (2) years from the date of the order granting same shall thereafter be void. For the purposes of this provision, "utilization" shall mean the issuance of a building permit, provided construction is diligently carried to completion. (Ord., 3-8-1971)
Notes
| 1 | 1. See also title 12, chapter 1 of this code. |