§ 16-25.005. Special exceptions, procedural requirements.

The board of zoning adjustment shall have the power to hear and decide applications for special exceptions as may be specifically authorized by this part, in accord with requirements set forth herein:

(1)

Application For special exceptions: Applications for special exceptions shall be filed with the secretary of the board of zoning adjustment on forms and with supporting materials as required by the rules of the board. The secretary to the board of zoning adjustment shall designate these applications for exceptions on the agenda for public hearings, cause notice of the time and place thereof to be published, and give notice to parties of interest.

(2)

Action by board, findings required. The public hearing shall be held, at which time any party may appear in person or by agent or attorney. The board shall make its decision within a reasonable time thereafter, not to exceed 60 days. Before granting any applications for a special exception, the board shall make findings regarding the facts of the case and that it is empowered under specific sections of this part to grant the special exception and that the granting of the exception will not adversely affect the public interest.

(3)

[Appeals:] Appeals of a decision of the board of zoning adjustment under the provisions of this section shall be as provided for in section 16-26.007.

(Code 1977, § 16-25.005)