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)