A. Authority: The Board of Adjustment is authorized to make special exceptions to specific uses allowed within each zoning category according to this title in appropriate cases only in accordance with general or specific provisions contained in this title and subject to appropriate conditions and safeguards in harmony with its general purpose and intent.
B. Powers Relative To Special Exceptions: The Board of Adjustment is authorized to hear and decide appeals for special exceptions to the terms of this title in accordance with the following provisions:
1. To permit the extension of a zoning district where the boundary line of a district divides a lot in single ownership or shown of record.
2. To interpret the provisions of this title where the actual street layout varies from the street layout as shown on the City zoning map.
3. To permit the reconstruction of an owner occupied single- family residence, located in I-2 Light Industrial and I-3 Heavy Industrial Zoning Districts, which have been damaged by fire or other causes to the extent of more than fifty percent (50%) of its replacement value.
4. To grant exceptions to the off street parking requirements set forth in chapter 12 of this title, if it is determined:
a. The size and shape of the lot to be built on is such that off street parking provisions could not be complied with.
b. The proposed use will not create undue traffic congestion on adjacent streets.
5. To permit the location of owner occupied mobile homes within the Agricultural and R-1 Residential Estate Zoning Districts in accordance with the following provisions:
a. Minimum Area Regulations:
(1) Lot area - five (5) acres.
(2) Frontage of lot - three hundred feet (300').
(3) Setbacks:
Front yard - fifty feet (50').
Side yard - one hundred feet (100').
Rear yard - one hundred feet (100').
(4) Accessory buildings - same as A Agricultural or R-1 Residential Estate.
b. Conformance With City Standards: The installation of any mobile home shall be in conformance with all City standards and regulations.
c. Effect On Surrounding Area: The Board of Adjustment shall determine that the location of a mobile home at the proposed site will not adversely impact the value and qualities of the surrounding area.
6. To permit telecommunications facilities within the Agricultural, Residential, Commercial (C-1 through C-3), Industrial (I-1 through I-2), and Special Use Zoning Districts 1 in accordance with the following provisions:
a. Such use shall comply with all rules, regulations, and licensing requirements adopted by the Federal Communications Commission and the Federal Aviation Administration for telecommunications facilities;
b. The location and height of the facility is consistent with the Vance Air Force Base Vertical Obstruction Military Compatibility Area as depicted in figure 31 of this subsection and the Woodring Regional Airport Vertical Obstruction Compatibility Area as depicted in figure 33 of this subsection;
FIGURE 31
VANCE AFB VERTICAL
OBSTRUCTION MILITARY COMPATIBILITY AREA
FIGURE 33
WOODRING REGIONAL AIRPORT VERTICAL OBSTRUCTIONS MCA
c. If based upon the character of the neighborhood, the zoning and uses of the property nearby, it is determined that the detrimental effect, if any, to nearby property is outweighed by the applicant's need for the facility; and
d. The applicant has demonstrated that there is a significant gap in the applicant's service coverage and that the proposed facility serves as the least intrusive means necessary to alleviate the gap.
If the special exception is denied, the denial shall include specific factual findings that evidence that the site is not appropriate and would adversely impact the surrounding area pursuant to 47 USC section 332(c)(7(B)(iii).
C. Board Consideration; Actions: When considering the appeal, the Board may weigh evidence as presented by the applicant and adjoining property owners, as well as City staff. The Board may include additional conditions as it considers necessary for the granting of the special exception. (Ord. 2019-12, 3-16-2019)
Notes
| 1 | 1. There are no height restrictions for C-4 and I-3 Zoning Districts and the placement of telecommunications facilities are permitted uses in these districts. |