A. Purpose. The Board of Adjustment is authorized to hear and decide a Zoning Special Exception to the Zoning Regulations which are not permitted by right in a particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the Board of Adjustment, where specifically authorized by D below, and in accordance with the substantive and procedural standards of the UDC.
B. Zoning Special Exception Defined. A Zoning Special Exception is an allowed variation from the Zoning Regulations, but is differentiated from a Zoning Variance as the term is used in this UDC by the following:
1. No Hardship Required. A Zoning Special Exception does not require a finding of an undue hardship.
2. Specifically Allowed and Pre-Determined by the UDC. Approval of a Zoning Special Exception by the Board of Adjustment is specifically provided for and defined in this UDC.
C. Requests for a Zoning Special Exception.
1. The Board of Adjustment may grant a Zoning Special Exception in accordance to the provisions of D below upon written request of the property owner.
2. The Director of Planning shall process and review a Zoning Special Exception.
D. Zoning Special Exception Authorized. When, in the Board of Adjustment’s judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the Board of Adjustment may, in specific cases, after public notice and public hearing (see
2.10.04: Public Hearings and Notification Requirements) and subject to appropriate conditions and safeguards, authorize the following Zoning Special Exceptions to the regulations herein established:
1. Reduction in the required number of parking spaces if the Board of Adjustment determines sufficient parking exists or is not necessary for the specified location.
2. Adjust any numerical standard by ten (10) percent.
3. Antenna Location Waiver as outlined in
4.03.07: Antenna Location Waiver.
E. The Board may Impose Conditions. In granting Zoning Special Exceptions, the Board may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the provisions of this UDC.
