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Any person owning property used solely for residential purposes may apply for a special exception from the literal enforcement of the bulk regulation requirements for the property or structure involved. All applications for a special exception shall be made on the official form for such applications which shall be available without cost from the planning services department. The applicant shall be required to supply all pertinent items of information contained on the official application form as a condition to review of such application. Review of the application for a special exception may be obtained by delivering the completed application form to the planning services department together with payment of the required fee. Upon receipt of the completed forms and the required fee, the planning services department shall forthwith transmit a copy of the completed form to the board, retaining the original form as part of the planning services department's permanent records. Prior to its review, the board may require the applicant for a special exception to supply any further information beyond that contained in the application form where it reasonably considers such information necessary to make the determination. (Ord. 52-09, 10-19-2009)
Following receipt of a completed application the board shall, with due diligence, consider such application at a public meeting. The board shall direct and require verification that the applicant, or their agent has sent notice of the time and place of the meeting by first class mail to all owners of property abutting the property for which the special exception is sought, including property directly across the street. At the public meeting, all interested parties shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the board. (Ord. 52-09, 10-19-2009)
The board shall grant a special exception when the applicant has shown that the following standards have been met or are not applicable:
A. That the specific proposed exception will not be detrimental to or endanger public health, safety, comfort or general welfare.
B. That the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the neighborhood.
C. That establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located.
D. That adequate utilities, access roads, drainage and other necessary facilities are being provided.
E. That, except for the specific exception being proposed, any structure shall in all other respects conform to the applicable regulations or standards of the zone in which it is to be located. (Ord. 52-09, 10-19-2009)
In granting a special exception, the board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the standards of this title, to reduce or eliminate any detrimental effect of the proposed special exception on the neighborhood or the public welfare, or to carry out the general purpose and intent of this title. Violation of such conditions and restrictions, when made a part of the terms under which a special exception is granted, shall be deemed a violation of this title. (Ord. 52-09, 10-19-2009)
The board shall render a written decision on an application for a special exception after the close of the public meeting. The decision of the board shall contain specific findings of fact supporting the granting or denial of the special exception and shall clearly set forth any conditions or restrictions imposed pursuant to this title. The board shall maintain complete records of all action with respect to applications for a special exception. (Ord. 52-09, 10-19-2009)