§ 155.082  SPECIAL EXCEPTION.
   (A)   Purpose. Certain uses are classified as special exceptions and may be permitted in designated districts when specifically authorized by this section after approval by the Board of Adjustment. Such special exceptions may be granted in order that the city may develop, in accordance with the intent and purpose of this chapter, that land may be fully utilized for a lawful purpose, and that substantial justice may be done.
   (B)   Application required. An application for a special exception shall be filed with the Planning Department. A building permit or certificate of occupancy shall not be issued for any use designated herein unless an application for special exception has first been approved in accordance with the provisions of this chapter. The application shall be accompanied by a site plan, which, along with the application, will become a part of the special exception, if approved. The accompanying site plan shall be drawn to scale and provide the following information:
      (1)   A description of the proposed land use, building or structure;
      (2)   The lot configuration with dimensions, indicating property lines, setbacks, easements, drainage ways, and boundary street(s);
      (3)   The dimension and location of the proposed building or structure, and any other existing buildings or structures on the property;
      (4)   The square footage of the proposed building or structure; and
      (5)   If the proposed building is intended to be a replacement of a previous building or structure, the dimension, location and square footage of the previous building or structure.
   (C)   Processing fee. A fee shall be required for application for special exception in accordance with the fee schedule ordinance of the city, except for uses listed in division (E)(1) of this section, for which no fee shall be required.
   (D)   Public hearings. The notification and public hearing process to consider the application for a special exception shall be as set forth in § 155.113.
   (E)   Authorized special exceptions. The following uses may be allowed as special exceptions subject to full and complete compliance with all conditions herein provided, together with such other conditions as the Board of Adjustment may impose.
      (1)   The replacement or reconstruction of a dwelling unit that has a lawful nonconforming use status due to non-compliance with the minimum floor area requirement of the PR or residential district where it is located that was damaged by fire, explosion, act of God or other calamity to the extent that the cost of the reconstruction or repair exceeds 50% of the replacement cost of the structure.
         (a)   Conditions of approval.
            1.   The dwelling unit being replaced or reconstructed must have been built before October 5, 1995;
            2.   The dwelling unit being replaced or reconstructed conforms with § 155.054;
            3.   The floor area in the replacement or reconstructed dwelling unit shall not be less than the floor area in the dwelling unit immediately before the structural damage or destruction;
            4.   The replacement or reconstructed dwelling unit shall not cause a greater nonconformity to the setback regulations of the zoning district where it is located than the previous dwelling unit immediately before the structural damage or destruction; and
            5.   The granting of the special exception does not change the essential character or appearance of the neighborhood, or diminish or impair property values within the neighborhood.
      (2)   The placement of heating, ventilation, and air-conditioning (HVAC) equipment on the ground or on the roof in such a way that the equipment is visible from the street abutting the property where the equipment is located or from the boundary of the abutting property.
         (a)   Conditions of approval.
            1.   The Board of Adjustment may grant a special exception if it finds that there is no negative impact to the abutting property or traveling public and that the cost to visually screen the equipment from the abutting property or street on higher elevation is unreasonable or unfeasible.
      (3)   The placement of trash container or storage area for refuse or material awaiting disposal or recycling in such a way that the container or storage area is visible from the street abutting the property where the trash container or storage area is located or from the boundary of the abutting property.
         (a)   Conditions of approval.
            1.   The Board of Adjustment may grant a special exception if it finds that there is no negative impact to the abutting property or traveling public and that the cost to visually screen the equipment from the abutting property or street on higher elevation is unreasonable or unfeasible.
      (4)   The reduction or waiver of the required screening for a non-residential use that abuts property in a residential zoning classification.
         (a)   Conditions of approval.
            1.   The non-residential use must be located on properties owned and used by the city, Mansfield Independent School District or any church.
            2.   The Board of Adjustment may grant a special exception if it finds that there is no negative impact to the abutting property.
      (5)   A reduction of the 80% minimum masonry construction requirement or deviation from the masonry material construction requirement imposed on all dwelling units within any SF, Single-Family Residential or 2F, Two-Family Residential Districts.
         (a)   Conditions of approval.
            1.   The proposed construction must accommodate architectural features which are integral to the building design;
            2.   All alternate construction materials must have the same durability as masonry; and
            3.   The granting of the special exception must not diminish or impair property values within the neighborhood.
      (6)   An increase in the maximum allowable area or height, or a reduction of the minimum setback requirements for accessory buildings or structures.
         (a)   Conditions of approval.
            1.   No special exception may be granted by the Board of Adjustment unless the building or structure is to be located on a lot of 12,000 square feet in size or larger.
            2.   The Board may grant an increase in building area provided that the total building area resulting from the approval of the special exception shall not exceed 4% of the square footage of the lot.
            3.   The Board may grant an increase in height not to exceed 24 feet for buildings or structures located on lots of one-half acre to two acres in size, and not to exceed 35 feet for buildings or structures located on lots of two acres in size or larger.
            4.   The Board may grant a reduction in the minimum required setbacks to allow an accessory building to be located no closer than five feet from the side property line and seven and one-half feet from the rear property line, unless the accessory building or structure is intended to house or contain livestock, in which case the setbacks established in § 155.099(B)(12) shall apply.
            5.   To grant a special exception, the Board must find that there will be no negative impact to the abutting properties.
      (7)   The construction of an accessory dwelling in any A, PR or SF zoning district that does not comply with § 155.099(B)(35).
         (a)   Conditions of approval.
            1.   Occupancy of the accessory dwelling shall be limited to domestic servants or caretakers employed on the premises, temporary guests, or family members of the owner of the premises. Guests may occupy such dwelling no more than 90 consecutive days in any 12-month period.
            2.   An accessory dwelling shall not be rented as an apartment or used as a separate domicile.
            3.   No more than one accessory dwelling shall be allowed on any lot or tract.
            4.   The minimum area of the lot on which a detached accessory dwelling is located shall be 20,000 square feet. There shall be no minimum lot size for accessory dwellings attached to the main residential building.
            5.   The habitable floor area of an accessory dwelling shall not exceed 50% of the habitable floor area of the main residential building, provided that the combined square footage of the accessory dwelling and the main residential building shall not exceed the maximum lot coverage allowed by the regulations of the zoning district in which the property is located.
            6.   The maximum height of an accessory dwelling shall be 35 feet. A detached accessory dwelling shall be limited to one story; however, it may have a loft or attic.
            7.   An accessory dwelling must comply with the same minimum side and rear setback requirements as the main residential building and must be at least 75 feet from the front property line or behind the rear facade of the main residential building that is furthest from the street. In no case shall an accessory dwelling be located forward of the main residential building.
            8.   No separate driveway approach shall be permitted for an accessory dwelling.
            9.   An accessory dwelling shall be constructed of the predominant building and roofing materials used on the main residential building.
            10.   All utilities must be on the same meter as the main residential building
            11.   The granting of the special exception does not change the essential character or appearance of the neighborhood, or diminish or impair property values within the neighborhood.
      (8)   Temporary batch plants.
         (a)   The Board of Adjustment may grant a reduction in the minimum 300-foot setback from any park, school, child care center, or residential structure.
         (b)   The Board may allow a temporary batch plant to be located on the property more than 120 days until a single project is completed.
         (c)   To grant a special exception, the Board must find that there will be no permanent negative impact to the surrounding properties.
      (9)   The construction of an accessory building attached to a main residential building by means other than a continuous assembly and common attic on single-family residential property.
         (a)   Conditions of approval.
            1.   The proposed construction must accommodate architectural features which are integral to the main residential building design;
            2.   The attached accessory building and main residential building together shall not exceed the maximum lot coverage allowed by the regulations of the zoning district in which the property is located;
            3.   The attached accessory building shall be constructed of the predominant building materials used on the main residential building;
            4.   To grant a special exception, the Board must find that there will be no negative impact to the abutting properties.
   Examples of semi-attached accessory buildings