(A)
Purpose.
The purpose of a special exception is to authorize a modification of zoning standards applicable to particular types of development within any zoning district, which is consistent with the overall intent of the zoning regulations and for which express standards are prescribed, but that requires additional review to determine whether the development with the modification is compatible with adjoining land uses and the character of the neighborhood in which the development is proposed.
(B)
Applicability.
The Planning Director may make a determination as to whether a requested deviation from a GDC standard qualifies as a special exception, or if it constitutes a variance (see Section 2.25). An application for a special exception may be filed only for those modifications listed below:
(1)
To alter front, side or rear setbacks, provided that the special exception does not exceed ten percent of the minimum requirement;
(2)
To waive or reduce the parking and loading requirements in an amount not exceeding thirty-three percent (of the normal requirement in any zoning district) for one or more of the following situations, whenever the character or use of the building makes unnecessary the full provision of parking or loading facilities or where the regulations would impose an unreasonable hardship upon the use of the property for the following purposes:
(a)
Housing specifically designed and intended for use by the elderly, disabled, or other occupants typically having a lower expectation of automobile ownership;
(b)
Adaptive reuse or restoration of a historically or architecturally significant structure;
(c)
Expansion of a nonprofit, public, or social service use on an existing site; and
(d)
Conversion of a nonconforming use to a conforming use that will maintain some nonconforming aspects (such as too little parking).
(3)
To correct an inadvertent building, fence, accessory building, or other structural encroachment into a required front, side, or rear yard setback.
(C)
Effect.
Approval of an application for a special exception entitles the property owner to undertake the activity authorized under the exception.
(D)
Application Requirements.
The Building Official is the responsible official for processing a special exception application. Requirements for the format and contents of an application for a Special Exception must be in accordance with the requirements specified in the Development Application Packet, as may be amended from time to time.
(E)
Processing of Application and Decision.
(F)
Criteria for Approval.
(1)
In deciding whether to approve, conditionally approve, or deny the application for a special exception, the Board must apply the standards in Article 7 of this Chapter 2 governing special exceptions. In addition, the Board must consider whether the special exception will substantially and adversely affect the use of adjacent or neighboring property.
(2)
The Board may impose conditions on the granting of a special exception as are necessary to prevent harm to adjacent or neighboring property.
(G)
Expiration.
The special exception expires on the date established as a condition of approval or one year (that is, 365 calendar days) after the Board approves or conditionally approves the application (not including the approval date), unless the applicant performs all the terms, conditions, and obligations of the approved special exception prior to the expiration date.
(Ordinance 6773 adopted 5/19/15)