§ 440-66. General provisions.

A. 

When a special exception has been denied by the Board, no request for the same special exception at the same location may be refiled with the Zoning Officer for at least one year from the date of that denial. The only exception to this provision shall be if the landowner or his agent can show to the satisfaction of the Board a substantial change in circumstances regarding the property which would warrant reexamination of the special exception request within the year's limitation. Any such request shall be submitted in writing, along with a special exception application and the appropriate nonrefundable fee, to the Zoning Officer.

B. 

An approved special exception shall be completed within two years following the date of approval. However, the Board may grant an extension if the landowner or his agent requests such an extension and if good cause for the delay is shown. There are no other exceptions to this rule. If at the end of the two-year period the special exception is not completed, and if no extension has been granted, the approval of the special exception shall be null and void.

C. 

Minor changes in design or specifications of an approved special exception which in no way constitute any expansion of the special exception may be approved administratively upon written request.

D. 

Any change in an approved but not completed special exception and any change in a completed special exception which constitutes an expansion of such use shall be governed by the applicable provisions of this chapter. An improper expansion is a violation of this chapter and is subject to the penalties of this chapter, including, but not limited to, a fine and an action to remove the improper expansion.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).