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(a) Applicability.
The procedures of this subsection apply to all applications for uses authorized by special exception.
(b) Referral by L&I.
Once a use application has been filed with L&I, and L&I confirms that the use is subject to the special exception approval procedures of this § 14-303(7) (Special Exception Approval) and L&I provides a referral to the applicant, the applicant has 30 days to file an appeal to the Zoning Board for special exception approval.
(c) Review by the Commission.
The Commission shall review each application for a special exception and shall make a recommendation to the Zoning Board as to whether the application meets the criteria for a special exception listed in § 14-303(7)(e) (Criteria for Review and Action by the Zoning Board) and all applicable requirements for the proposed use, including any use-specific standards in § 14-603 (Use-Specific Standards).
(d) Hearing and Action by the Zoning Board.
Following the filing with the Zoning Board of an application for a special exception, the applicant shall provide public notice in accordance with § 14-303(13) (Public Notice), and the Zoning Board shall hold a public hearing pursuant to § 14-303(14) (Public Hearings). The applicant shall also notify any Registered Community Organization(s) of the application for a special exception and meet with such Registered Community Organization(s) in accordance with § 14-303(12) (Neighborhood Notice and Meetings). The Zoning Board may approve, approve with conditions, consistent with § 14-303(9) (Conditions on Approvals), or disapprove the application.
The Zoning Board must approve, or approve with conditions, the application for a special exception if it determines that the criteria in § 14-303(7)(e)(.1) and § 14-303(7)(e)(.2) below have been met, unless the Zoning Board finds that the objectors, if any, satisfied the criteria in § 14-303(7)(e)(.3). The Zoning Board shall, in writing, set forth each required finding for each special exception that is granted, set forth each finding that is not satisfied for each special exception that is denied, and to the extent that a specific finding is not relevant to the decision, shall so state. The Zoning Board shall file with each decision approving a special exception any Project Information Form prepared by the applicant pursuant to Section 18-503, but need not attach the Form to the decision; filing of the Form shall not constitute incorporation of its contents into the decision and those contents shall not be binding.
(.1) Specific Conditions of Use.
The applicant shall have the initial duty of presenting evidence, and the burden of proof, that the proposed use meets the definition for a use permitted by special exception, that all dimensional standards are satisfied, and that the application complies with all the criteria and meets all the conditions applicable to the proposed use, including all applicable use-specific standards in § 14-603 (Use-Specific Standards).
(.2) Specific Detrimental Impacts on the Neighborhood.
The applicant shall have the initial duty of presenting objective evidence, and the burden of proof, that the grant of a special exception will not cause the following specific detrimental impacts to the neighborhood beyond that which normally might be expected from the proposed use:
(.a) Congestion in the public streets or transportation systems;
(.b) Overcrowding the land;
(.c) Impairing an adequate supply of light and air to adjacent property;
(.d) Burdening water, sewer, school, park, or other public facilities;
(.e) Impairing or permanently injuring the use of adjacent conforming properties;
(.f) Endangering the public health or safety by fire or other means; or
(.g) Inconsistency with the Comprehensive Plan of the City.
(.3) General Detrimental Impacts on the Neighborhood.
Once the applicant meets such initial duty and burden of proof, the objectors, if any, shall have the duty of presenting objective evidence, and the burden of proof, that the proposed use is substantially likely to cause a detrimental impact on the health, safety, and welfare of the neighborhood exceeding that which normally might be expected from the proposed use. The objectors also may present evidence, and have the burden of proof, that the proposed use fails to conform with the purpose, spirit, and intent of this Zoning Code.
Notes
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