§ 12.3. Special Exceptions.

The BZA shall hear and decide requests for approval of Special Exceptions uses in accordance with the following:

12.3.1. Special Exception uses shall require the submission of an application to the BZA. Such application shall be filed with the Zoning Official at least thirty (30) days before the scheduled hearing date before the BZA. The application shall be filed by the property owner or their authorized agent on a form made available by the Zoning Official. Notice shall be provided fifteen (15) days in advance and as otherwise in accordance with §12.7 Notice Requirement.

12.3.2. The BZA shall review the application for compliance with this Ordinance and all other applicable codes and ordinances of the City. In particular the BZA shall determine that satisfactory provisions have been made concerning the following, among other considerations of this Ordinance:

1.

Access to and from the property and the proposed structure and/or uses, with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access.

2.

The location and accessibility of off-street parking and loading areas.

3.

The location and accessibility of refuse and service areas and their potentially adverse affects upon surrounding properties.

4.

The screening and buffering of potentially adverse views and activities from surrounding properties.

5.

Control of noise, glare, odor, surface water runoff, and other potentially disturbing impacts upon surrounding properties.

6.

The availability, location, and capacity of utilities.

7.

The location and scale of signs and lighting with particular reference to traffic safety, glare, and visual compatibility with surrounding properties.

8.

The bulk, density, and lot coverage of structures, and yards and open areas, with reference to their compatibility with the character of the surrounding area.

12.3.3. The Board may impose such conditions for approval that it deems necessary in the particular case to protect the public interest and the intent of the Comprehensive Plan and this Ordinance in relation to the items listed above and as may otherwise be reasonably necessary. Such conditions shall apply to the land, structure, and use for which the Special Exception is granted and not to a particular person. Violations of conditions lawfully attached to any Special Exception shall be deemed to be violations of this Ordinance.

12.3.4. A Special Exception granted by the BZA shall lapse and be of no effect if, after the expiration of one (1) year from the date of such action by the BZA, no construction or change in use pursuant to such Special Exception has taken place, provided that the BZA may, for good cause shown, specify a longer period of time in conjunction with its action to grant the Special Exception.