A. Authority: The board of adjustment may consider a special exception to avoid or resolve any alleged violation of the freedom of religion based rights afforded to any person under federal or state law caused by the enforcement of any regulation or requirement of this title.
B. Application And Submittal Requirements:
1. Any person or persons may submit an application to the board of adjustment for a special exception under the provisions of this section.
2. Such application must be submitted to the city clerk on application forms provided by the city for a special exception and must include the following additional information:
a. A statement specifying the particular regulation or requirement of this title to which the requested exception relates;
b. A description of the intended use of land or activity for which the exception is being sought;
c. Documented evidence of how the specified regulation or requirement allegedly violates the person's freedom of religion based rights afforded under federal or state law;
d. A description of how granting the exception would be in the public interest and not be contrary to health, safety and welfare considerations; and
e. Any additional information requested by the board of adjustment that will assist them in making a determination regarding the application.
C. Approval Criteria: In considering an exception from the requirements of this title under the provisions of this section, the board must find, based on the evidence presented, that all the following approval criteria are met. The general special exception approval criteria specified in section 14-4B-3, "Special Exceptions", of this title do not apply.
1. The exception is necessary to avoid or resolve a substantial burden on the freedom of religion based rights afforded to any person under federal or state law caused by the enforcement of a specific regulation or regulations of this title; and
2. The subject regulation or requirement under review does not constitute or further a compelling governmental interest; or alternatively, the subject regulation or requirement under review is not the least restrictive means for satisfying or achieving the governmental interest; and
3. The specific proposed exception will not be detrimental to or endanger the public health, safety, or general welfare; and
4. 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.
D. Approval Procedure: Evidence shall be presented at a public hearing according to the approval procedures set forth for special exceptions in section 14-8C-2 of this article. (Ord. 05-4186, 12-15-2005)