SPECIAL EXCEPTIONS (USES PERMITTED ON APPEAL)

The Board of Zoning Appeals may hear and decide only such special exceptions as it is specifically authorized to pass on by the terms of the "Uses Permitted on Appeals" Sections of this Official Zoning Code; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this Official Zoning Code; or to deny special exceptions when not in harmony with the purpose and intent of this Official Zoning Code.

General Provisions Governing Special Exceptions

Before any special exception shall be issued, the Board of Zoning Appeals shall certify compliance with the specific rules governing individual exceptions and that satisfactory provision and arrangement has been made concerning the following general requirements:

1. It is so designed, located and proposed to be operated so that the public health, safety, and welfare will be protected;

2. It will not adversely affect other property in the area in which it is located;

3. It is within the provision of "Uses Permitted on Appeal" as set forth in this Official Zoning Code; and

4. It conforms to all applicable provisions of this Official Zoning Code for the district in which it is to be located.

Conditions and Safeguards

In granting any special exception, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Official Zoning Code. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Official Zoning Code.

Time Limit Prescribed

The Board of Zoning Appeals shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both, however, in no case shall more than one (1) year pass before the action is begun. Failure to begin or complete, or both, such action within the prescribed time limit shall void the special exception.