The Special Exception Overlay District is established
to provide a procedure to regulate structural modifications and additions
within the district. The Special Exception Overlay District boundaries
have been established by locating residential lots that were platted
for the most part prior to the 1960's. It was common at that time
to have lots 66 feet wide or less. Home construction often incorporated
a two-story structure on a relatively narrow lot, frequently without
a garage.
A. As uses of these homes today often involve the need
for additional garage space and other additions to the home itself,
property owners found that the limited lot area in the older areas
of the City necessitated that variances be granted for many of their
proposed projects.
B. In order to address these needs the special exception
procedure will eliminate many of the variance requests. This process
will incorporate flexibility into this chapter for the areas described,
encourage neighborhood-sensitive decisions, and encourage input from
neighbors.
C. This article is not to be used for the granting of
exceptions to the permitted or conditional use provisions of the underlying
zoning district.
As a basis for determining the acceptability
of a special exception, the property shall be used as a one- or two-family
dwelling, be located within the designated special exception district,
not be a self-created problem, and have one or more of the following
exceptional conditions:
A. Narrow lot: 66 feet in width or less.
B. Shallow lot: 100 feet or less lot depth.
C. Small lot: 7,000 square feet or less.
D. Nonconforming structure placement on the lot or nonconforming
structure placement on an adjacent lot.
E. Nontypical adjacency to abutting property, e.g.:
(1) Side or rear yard adjacent to a public right-of-way.
(2) Side yard adjacent to the rear yard of another parcel.
F. Significant vegetation or topography that makes compliance
with setback requirements difficult, e.g.:
(1) Mature trees limit buildable lot area; and
(2) Steep slopes or drainageways make compliance difficult
without impacting neighbors.
G. Lot geometry: irregular shape.
H. Legal restrictions: presence of recorded easements
or deed restrictions on the lot.
The Special Exception Overlay District applies
to one- or two-family dwellings located within the area as shown on
the accompanying map dated September 5, 1996.