The Board of Adjustment is empowered to grant special exceptions to the provisions of this title in certain circumstances specifically enumerated within this title. To ensure that the spirit of this title is observed and substantial justice done, no special exception shall be granted by the Board unless the applicant demonstrates that all of the following general approval criteria are met in addition to any specific approval criteria for the proposed exception listed in section 14-4B-4 of this article or elsewhere in this title. The procedures for obtaining a special exception are set forth in chapter 8, article C, "Board Of Adjustment Approval Procedures", of this title.
A. Approval Criteria: In order to grant a special exception, the Board must find that the applicant meets the specific approval criteria set forth in this title with respect to the specific proposed exception. The Board must also find that the applicant meets the following general approval criteria or that the following criteria do not apply:
1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare.
2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood.
3. 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 district in which such property is located.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets.
6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located.
7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended.
B. Burden Of Proof: The applicant bears the burden of proof and must support each of the approval criteria by a preponderance of the evidence.
C. Precedents: The granting of a special exception is not grounds for granting other special exceptions for the same or differing properties. (Ord. 05-4186, 12-15-2005)