59-G-1.21. General conditions.

   (a)   A special exception may be granted when the Board or the Hearing Examiner finds from a preponderance of the evidence of record that the proposed use:

      (1)   Is a permissible special exception in the zone.

      (2)   Complies with the standards and requirements set forth for the use in Division 59-G-2.  The fact that a proposed use complies with all specific standards and requirements to grant a special exception does not create a presumption that the use is compatible with nearby properties and, in itself, is not sufficient to require a special exception to be granted.

      (3)   Will be consistent with the general plan for the physical development of the District, including any master plan adopted by the Commission.  Any decision to grant or deny a special exception must be consistent with any recommendation in a master plan regarding the appropriateness of a special exception at a particular location.  If the Planning Board or the Board’s technical staff in its report on a special exception concludes that granting a particular special exception at a particular location would be inconsistent with the land use objectives of the applicable master plan, a decision to grant the special exception must include specific findings as to master plan consistency.

      (4)   Will be in harmony with the general character of the neighborhood, considering population density, design, scale, and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions, and number of similar uses.

      (5)   Will not be detrimental to the use, peaceful enjoyment, economic value or development of surrounding properties or the general neighborhood at the subject site, irrespective of any adverse effects the use might have if established elsewhere in the zone.

      (6)   Will cause no objectionable noise, vibrations, fumes, odors, dust, illumination, glare, or physical activity at the subject site, irrespective of any adverse effects the use might have if established elsewhere in the zone.

      (7)   Will not, when evaluated in conjunction with existing and approved special exceptions in any neighboring one-family residential area, increase the number, intensity, or scope of special exception uses sufficiently to affect the area adversely or alter the predominantly residential nature of the area. Special exception uses that are consistent with the recommendations of a master plan do not alter the nature of an area.

      (8)   Will not adversely affect the health, safety, security, morals, or general welfare of residents, visitors, or workers in the area at the subject site, irrespective of any adverse effects the use might have if established elsewhere in the zone.

      (9)   Will be served by adequate public services and facilities, including schools, police and fire protection, water, sanitary sewer, public roads, storm drainage, and other public facilities.

         (A)   If the special exception use requires approval of a preliminary plan of subdivision, the Planning Board must determine the adequacy of public facilities in its subdivision review.  In that case, approval of a preliminary plan of subdivision must be a condition of granting the special exception. 

         (B)   If the special exception:

            (i)   does not require approval of a new preliminary plan of subdivision; and

            (ii)   the determination of adequate public facilities for the site is not currently valid for an impact that is the same as or greater than the special exception’s impact;

            then the Board of Appeals or the Hearing Examiner must determine the adequacy of public facilities when it considers the special exception application.  The Board of Appeals or the Hearing Examiner must consider whether the available public facilities and services will be adequate to serve the proposed development under the Growth Policy standards in effect when the application was submitted.

         (C)   With regard to public roads, the Board or the Hearing Examiner must further find that the proposed development will not reduce the safety of vehicular or pedestrian traffic.

   (b)   Nothing in this Article relieves an applicant from complying with all requirements to obtain a building permit or any other approval required by law.  The Board's finding of any facts regarding public facilities does not bind any other agency or department which approves or licenses the project.

   (c)   The applicant for a special exception has the burden of proof to show that the proposed use satisfies all applicable general and specific standards under this Article.  This burden includes the burden of going forward with the evidence, and the burden of persuasion on all questions of fact.