Section 110-46. Application; procedures.
The board of adjustment shall hear and decide only such special exceptions as the board of adjustment is specifically authorized to pass on by the terms of this chapter. The board of adjustment shall decide such questions as are involved in determining whether special exceptions should be granted and shall grant special exceptions with such conditions and safeguards as are appropriate under this chapter or other applicable ordinances or shall deny special exceptions when not in harmony with the purpose and intent of this chapter. A special exception shall not be granted by the board of adjustment, except according to the following:
(1) A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which the special exception is sought and stating the grounds on which it is requested.
(2) All proposed special exceptions shall be submitted to the planning and zoning board for study and written recommendation. Such proposal shall be submitted at least 14 days prior to the planning and zoning board meeting at which it is to be considered. The board of adjustment shall consider the recommendation of the planning and zoning board as part of the official record when hearing an application for a special exception.
(3) The property owner for which a special exception is sought shall provide the names and addresses of all affected property owners to the city at least 30 days in advance of the planning and zoning board meeting. For the purpose of this section, an affected property owner or owners shall mean any property owner of record owning property which lies within a radius of 500 feet from any boundary of the property for which a special exception is sought as reflected in the survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the parcels affected.
(4) A notice shall be prepared and mailed by the office of the city clerk using certified mail to all affected property owners, stating the time, date, and location of the planning and zoning meeting and further indicating that the role of the planning and zoning board is advisory in nature and that final administrative approval or denial will be before the board of adjustment at a subsequently scheduled meeting; provided however, that failure to receive such notice shall not affect any action or proceeding taken hereunder or constitute a defect upon which any claim can be made against the city.
(5) When any proposed special exception lies within 500 feet of the boundary of any property under another government's jurisdiction, notice shall be forwarded to the governing body of the appropriate government authority in order to afford such body an opportunity to appear at the hearing and express its opinion on the effect of said proposed special exception.
(6) Notice shall be given at least 15 days in advance of public hearing. The owner of the property for which a special exception is sought or his agent shall be notified by certified mail. Notice of such hearing shall be posted on the property for which the special exception is sought and at the city hall and shall be published in a newspaper of regular circulation within the city.
(7) Any party may appear in person or be represented by an attorney at the public hearing.
(8) The board of adjustment shall make such findings as it is empowered to make under the various sections of this chapter, but in no case shall the board of adjustment grant a special exception that in any way adversely affects the public interest.