A. Disability Special Exception:
1. Although the Americans With Disabilities Act (ADA) applies only to: a) employment, b) public services, c) public accommodation, and d) telecommunications, and thus does not apply to private residences or private property there is often a circumstance where an individual may require some special adaptation to their home or personal surroundings to accommodate their disability. Such adaptation might not be provided for in the land use ordinance. In such a case the definition of "disabled" as contained in the ADA shall be applied to the individual by the Hearings Officer and if applicable the Hearings Officer may grant a variance under this special exception subsection. That definition is as follows and is to be considered a standard for applying this special exception: An individual is "disabled" if he or she meets at least any one of the following tests:
a. He or she has a physical or mental impairment that substantially limits one or more of his/her major life activities;
b. He or she has a record of such an impairment; or
c. He or she is regarded as having such an impairment.
2. The Hearings Officer may request that the medical hardship/disability be documented by a licensed physician; and depending upon this medical assessment the Hearings Officer may request a periodic review of this assessment.
3. Variances normally run with the land. In cases where the variance results from a granted medical hardship special exception, that variance can run with either or both land and the requesting individual(s) as determined by the Hearings Officer.
4. In cases where the medical hardship special exception variance will run with the individual and not the land, the variance cannot be transferred to another location without a reapplication for the special exception.
5. The Hearings Officer shall impose conditions as it deems necessary on the granted medical hardship special exception variance that will mitigate any harmful effects of the variance or serve the purpose of the standard or requirement that is waived or modified.
B. Historical Property Special Exceptions:
1. Historically, many parcels within the older sections of Pleasant Grove City were developed with deep, narrow parcels. An increasing number of the owners of those deep, narrow parcels elect to subdivide their parcels by defining one or more building lots (normally flag lots) behind their existing home. In many cases there is adequate area to build because of the depth of the parcel, but the deficiency in the width of the parcel or the location of the existing home does not allow for either the designated flag stem road width or the required setback from the existing home, or both.
2. A historical property special exceptions variance is hereby established and may be used at the discretion of the Hearings Officer for mitigating the zoning requirements of existing previously developed historical properties. The following standards shall apply:
a. A property is considered "historical" if it was established on the tax rolls, with a residential dwelling on a legally subdivided parcel, prior to August 20, 1985.
b. This historical property special exceptions variance may be granted if the requested variances do not change the requirement of the zone by more than twenty percent (20%). No reduction in lot size or property line setbacks are allowed.
c. In the event multiple variances are being requested to qualify a given lot for a building permit the Hearings Officer is authorized to apply this historical property special exceptions variance to no more than one of the requests. The other requests must qualify under the terms of Utah Code Annotated.
3. The Hearings Officer shall impose conditions as he/she deems necessary on the granted historical property special exceptions variance to mitigate any harmful effects of the variance or to serve the purpose of the standard or requirement that is waived or modified. (Ord. 2017-29, 5-16-2017)