(A) An application for a special exception permit shall be submitted to the Board of Adjustment by filing a copy of the application with the Land Use Administrator.
(C) The Board of Adjustment may issue a special exception permit if, in addition to any other findings required by this section, that issuance of the permit will not:
(1) Create a threat to the public safety; or
(2) Adversely affect the value of adjoining or neighboring properties. If the applicant presents a petition signed by all of the property owners entitled to receive notice of the hearing for the application (pursuant to § 152.136) and if said petition states that such property owners believe that their property values will not be adversely affected by the proposed use, then the petition shall be sufficient evidence from which the Board of Adjustment may (but shall not be required to) make its finding. The Board of Adjustment may also make its finding based on other competent evidence.
(D) The Board of Adjustment may issue a special exception permit to allow a reduction of up to 50% in the required distances that buildings must be set back from lot boundary lines (see § 152.283) provided that:
(1) The reduction may be permitted only for buildings on lots used for conforming residential purposes in residential districts where the building in question has existed for at least three years prior to the application for the special exception permit;
(2) The reduction may not in any case:
(a) Allow a building to be located closer to a lot boundary line than a distance equal to one-half of the minimum building separation requirement established by the State Building Code; or
(b) Allow a building to be located in such proximity to a pre-existing building so as to violate the minimum building separation requirement of the State Building Code.
(3) The reductions allowed under this division (D) are only for setbacks from lot boundary lines, and not for setbacks from street right-of-way lines.
(E) The Board of Adjustment may issue a special exception permit to authorize a structure to encroach upon a setback required under § 152.283 if the Board finds that:
(1) The proposed encroachment results from an addition to, or an extension of, an existing residential structure in a residential district that already is nonconforming with respect to the requirements of § 152.283; and
(2) The proposed addition or extension will not encroach upon any required front, rear, or side yard to a greater extent than the existing structure on that lot.
(Ord. passed 12-20-2001) Penalty, see § 152.999