For Special Exception Applications ONLY
A special exception shall not be granted by the board of adjustment unless and until:
(1) A written application for a special exception is submitted, indicating the section of this article under which the special exception is sought and stating the grounds on which it is requested. The application shall include a site plan or sketch of the subject property drawn to scale;
(2) Notice of public hearing on the special exception shall be given in the manner prescribed in Section 7-620, subsection (3)(c);
(3) The public hearing shall be held. Any party may appear in person or by agent or attorney;
(4) The board of adjustment shall make findings that it is empowered under the section of this article described in the application to grant the special exception and that the granting of the special exception, with any appropriate conditions and safeguards that the board may deem necessary, will
not adversely affect the public interest;
(5) In reaching its conclusion and in making the findings required in paragraph (4) above, the board of adjustment shall consider and weigh the following factors and standards, among others, and shall show in its record these factors and the disposition made thereof. Further, the board shall find in the case of any of these factors and standards, where they may be relevant and applicable; that the purposes and requirements for granting the special exception have been met by the applicant:
a. Ingress and egress to the property and the proposed structures thereon, if any, including such considerations as automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;
b. Off-street parking and loading areas, where required, including consideration of relevant factors in subparagraph (a) above, and the economic, noise, glare, or odor effects of the locations of such off-street parking and loading areas on adjacent and nearby properties and properties generally in
the district;
c. Refuse and service areas, including consideration of relevant factors in subparagraphs (a) and (b) above;
d. Utilities, including such considerations as hook-in locations and availability and compatibility of utilities for the proposed use;
e. Screening and buffering, including considerations of such relevant factors as type, dimensions, and character to preserve and improvement compatibility and harmony of use and structure between the proposed special exception and the uses and structures of adjacent and nearby properties and properties generally in the district;
f. Signs, if any, and proposed exterior lighting, if any, with reference to glare, traffic safety, and economic effects of same on properties in the district and compatibility and harmony with other properties in the district;
g. Required yard and open spaces;
h. Height of structure where related to uses and structures on adjacent and nearby properties and properties generally in the district;
i. Economic effect on adjacent and nearby properties and properties generally in the district of the grant of the special exception.
j. Visual, physical, and economic impact of the proposed project or use on a historically designated property and district.
In granting any special exception, the board of adjustment may prescribe appropriate conditions and safeguards
in conformity with this article. Violation of such conditions and safeguards, when made a part of the terms
under which the special exception is granted, shall be deemed a violation of this article. In making a grant of a
special exception, the board of adjustment shall prescribe a time limit within which the action for which the
special exception is granted shall be begun or completed, or both. Failure to begin or complete, or both, such
action within the time limit shall void the special exception.