1. Uses Allowed by Special Permit. In accordance with subsection 2 of Section 167.12, the Board of Adjustment may, by special permit after public hearing, authorize the location of buildings and uses in districts as indicated in Tables 167.1 through 167.6, provided, however, that no such special permit shall be granted authorizing any building or use in a FW district.
2. Application. Application for a special permit under the terms of this section shall be accompanied by evidence concerning the feasibility of the proposed request and its effect on surrounding property and shall include a site plan defining the areas to be developed for structures; the areas to be developed for parking; the locations of sidewalks and driveways and the points of ingress and egress, including access streets where required; the location and heights of walls; the location and type of landscaping; and the location, size, and number of signs. The application shall further demonstrate compliance with the general and specific standards for approval of a special permit under subsection 3 of this section.
3. Review. The Board of Adjustment shall have the power and duty to approve a special permit for a proposed use if it finds that the applicant has demonstrated that the design, construction and manner of operation of the proposed use will substantially conform to the standards set forth below:
A. General. Any structure or use of land to be allowed by a special permit shall by its design, construction and operation adequately safeguard the health, safety and welfare of the occupants of adjoining and surrounding property; shall not unduly increase congestion in the public streets; shall not increase public danger of fire and safety; and shall not diminish or impair established property values in surrounding areas, and shall have no significant detrimental impact on the use and enjoyment of adjoining properties.
B. Bulk Standards. Any deviation from the district bulk standards applicable to uses allowed by the district regulations must be reasonably necessary due to practical difficulties related to the land or type of use in question; and, such practical difficulties cannot be overcome by any feasible alternative means.
C. Residential Setback. Adequate setbacks shall be provided to protect adjacent residentially zoned property from non-residential and institutional uses.
D. Architectural Character. New buildings and alterations to existing buildings located in or adjacent to existing developed areas shall be compatible with the existing architectural character of such areas. Compatibility may be achieved through techniques such as the repetition of roof lines, the use of similar proportions in building mass and outdoor spaces, similar relationships to the street, similar window and door patterns, and/or the use of building materials that have color shades and textures similar to those existing in the immediate area of the proposed development. Brick and stone masonry shall be considered compatible with wood framing and other materials.
E. Building Mass. New buildings and alterations to existing buildings shall be either similar in size and height, or if larger, shall be articulated, setback or subdivided into massing that is proportional to the mass and scale of other structures on the same block and adjoining blocks. Articulation may be achieved through variation of roof lines, setbacks, patterns of door and window placement, and the use of characteristic entry features. To the maximum extent feasible, the height, setback and width of new buildings and alterations to existing buildings should be similar to those of existing buildings on the same block. Taller buildings or portions of buildings should be located interior to the site. Buildings at the ends of blocks should be of similar height to buildings on the adjoining blocks.
F. Parking. No parking should be permitted in a required front yard of an "R" district unless shown to be compatible with the adjoining land use. Parking lots containing more than eight parking spaces should comply with the adopted landscape standards applicable to commercial development in the C-1 district, unless a higher standard is applicable under the site plan regulations.
4. Conditions and Safeguards. In granting any special permit under the terms of this section, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the special permit is granted, shall result in revocation of the special permit.
5. Change in Use or Site Plan. If a special permit is granted under the terms of this section, any change thereafter in the approved use or site plan shall be resubmitted and considered in the same manner as the original proposal.