A special exception is a use or structure that
may not be appropriate generally or without restriction throughout
a district but which, if controlled as to number, area, location or
relation to neighborhood, would promote the public health, safety,
welfare, comfort, convenience or the general welfare. Such uses or
structures may be permissible in a zoning district as a special exception
only if specific provision for such use or structure is made in the
district. A special exception shall not be issued for any other use
or structure.
All applications for a special exception shall be submitted to the Administrator. Where a site plan is required by the terms of this chapter it shall be submitted coincident with the application. In cases where a site plan is not required by the terms of this chapter, the application shall contain information equivalent to that required for a building permit under §
535-74. The application may also be accompanied by any other material or information necessary to demonstrate that the grant of a special exception will be in harmony with the general intent and purpose of these zoning regulations and will not be injurious to the neighborhood or otherwise detrimental to the public interest. The Administrator shall refer all applications and accompanying materials to the Plan Commission.
Upon the filing of an application for a special
exception, the Plan Commission shall fix a reasonable time (not more
than 45 days from the filing date) for a review and recommendation.
Notice shall be mailed to the parties in interest as determined by
the Plan Commission.
Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department or board of the municipality affected by a decision of the Town Board pursuant to §
535-95.
Any use or structure existing on the effective
date of adoption or amendment of this chapter which is classified
as a special exception in the district in which it is located shall
be deemed to have been granted approval, subject to maintaining the
character and extent of such use or structure existing on that date.
Any extension, enlargement or change in such use or structure shall
require approval according to the terms of this chapter.
Any special exception permit issued shall be
in full use by the applicant within one year of approval. The special
exception permit shall expire, without notice, if the applicant is
not in operation and full compliance with the permit.