A. Hearing And Decision Of Requests: The board shall hear and decide requests for special exceptions to the requirements of this title only under the following circumstances:
1. To permit the reconstruction of a nonconforming structure or a structure containing a nonconforming use that has been damaged or destroyed by any means to the extent of more than fifty percent (50%) of its replacement cost at the time prior to the damage or destruction, where the Board finds some compelling necessity requiring a continuance of the nonconforming building or use.
2. To permit the erection and use of a building or the use of premises in any location by a Public Service Corporation for public utility purposes that the board deems reasonably necessary for the public convenience or welfare.
3. To allow an exception to the setback requirements of any district where the strict application of the setback requirements would result in peculiar or exceptional practical difficulties upon the owner of such property as distinguished from a mere inconvenience; provided, that relief can be granted without substantial detriment to the public good.
B. Application:
1. An application for a special exception shall be filed with the Administrative Officer on a form provided by the Development Services Department. The application shall be accompanied by such plans and/or data deemed by the City to be necessary to adequately describe the special exception request, a fee as provided for by City Council resolution, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special exception will conform to the standards set forth in the following subsections.
2. Upon receipt in proper form of the application, fee and statement, the board shall hold at least one (1) public hearing on the proposed special exception. Notice of the hearing will be published in an official newspaper of the City at least seven (7) days but no more than twenty (20) days prior to the hearing. Written notice of the hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty feet (350') of the subject property. Supplemental or additional notices may be published or distributed as the board may prescribe. At least one (1) public notice sign will be posted on the subject property.
C. Standards: In order to grant a special exception as permitted above, the board shall find that the following tests are satisfied:
1. In the case of a setback reduction, the need for the special exception results from exceptional narrowness, shallowness, or shape of a specific piece of property of record, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific parcel or property.
2. That the specific proposed exception will not be detrimental to or endanger public health, safety, comfort or general welfare.
3. That 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 within the neighborhood.
4. That 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 zoning district in which the property is located.
5. That adequate utilities, access roads, drainage and other necessary facilities are being provided.
6. That, except for the specific special exception being proposed, the structure subject to the special exception shall in all other respects conform to the requirements of the zoning district in which it is located.
7. Approval of the special exception will not substantially impair the general purpose and intent of the Comprehensive Plan.
D. Concurring Vote Of Members: The concurring vote of three (3) members of the board shall be necessary to decide in favor of the special exception. Any alternate member who begins hearing a case is required to finish the case, even if the regular member in whose place the alternate member is serving becomes available.
E. Conditions And Restrictions: Prior to granting any special exception, the board may impose conditions and restrictions upon the establishment, location, construction, maintenance and operation of the construction or reconstruction as requested, to the extent deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this section. (2017 Code; amd. Ord. 20-10, 11-3-2020)