The Unified Development Ordinance Defines a Special Exception as designated as such by this ordinance as being permitted in the district concerned if it meets special conditions, is found to be appropriate, and upon application, is specifically authorized by the Board of Zoning Appeals.
At the time of application (UDO Article 9.14), the petitioner shall submit ‘Findings of Fact’, a detailed site plan, and any other applicable information. The state requires the Board to only approve a Special Exception with affirmative answers to all questions (findings of fact). It is strongly suggested the applicant thoughtfully answers each question without using financial reasoning in the answers.
- The proposed special exception is consistent with the purpose of the zoning district and the Noble County Comprehensive Plan;
- The proposed special exception will not be injurious to the public health, safety, morals, and general welfare of the community;
- The proposed special exception is in harmony with all adjacent land uses;
- The proposed special exception will not alter the character of the district; and
- The proposed special exception will not substantially impact property value in an adverse manner.
Commitments and Conditions: The Board of Zoning Appeals may require the owner to make a written commitment. Commitments shall be recorded in the Office of the Noble County Recorder. A recorded commitment is binding on the owner of the land, any subsequent owner of the land, and any person who acquires interest in the land.
Conditions: The Board of Zoning Appeals may require certain conditions for approval.
Duration: The granting of a special exception authorizes the use to run with the land unless conditions to the contrary are placed on the approval. If the construction of structures or occupancy of existing structures has not commenced within one (1) year of the date the Special Exception was approved shall be null and void.
For a complete review of the Special Exception procedures, you may review Article 9 in the UDO.
