§ 156.054  SPECIAL USES FOR SPECIFIED IMPROVEMENTS TO SINGLE-FAMILY DWELLINGS IN EXISTENCE ON JULY 1, 2003.
   The Town Council may, by special use permit, modify the minimum yard and building setback and height requirements to allow improvements to existing single-family homes that had approved certificates of occupancy on July 1, 2003, in accordance with the following provisions:
   (A)   The Zoning Administrator shall review the proposed application and determine if a special use permit is necessary to permit reasonable opportunity to improve the subject property;
   (B)   Upon determination by the Zoning Administrator that a special use permit is necessary, the town shall process the application and schedule an evidentiary public hearing by the Town Council in accordance with the procedures set forth in § 156.155 as well as the procedures set forth below:
   (C)   The Town Council may grant a special use only after determining that the application meets the following criteria:
      (1)   The site for the proposed use is adequate in size and shape, and the proposed use will not negatively affect adjacent property or the surrounding area;
      (2)   The special use will not be inconsistent with the objectives specified in the CAMA Comprehensive & Land Use Plan;
      (3)   The applicant has demonstrated that the requirements of this chapter are unreasonable or impractical due to unusual building design, lot shape or mature vegetation; or there are practical siting constraints where original placement of the dwelling on the lot prohibits reasonable improvements that meet existing requirements;
      (4)   Any height special use authorized under the terms of this section for an addition to an existing structure shall be limited to no greater than 5 feet beyond the maximum height permitted in the zoning district; and
      (5)   The proposed structural modifications meet sound residential design objectives to:
         (a)   Minimize loss of privacy on neighboring properties;
         (b)   Maximize image of quality residential development to the street frontage; and
         (c)   Avoid reduction of light and air to neighboring properties.
(Ord. 04-23, passed 10-6-2004, § 24; Am. Ord. 05-04, passed 4-6-2005; Am. Ord. 06-01, passed 4-5-2006; Am. Ord. 09-07, passed 8-5-2009; Am. Ord. 21-01, passed 6-2-2021)