A. Authority: Pursuant to the powers provided in this Code, the Board of Adjustment may grant special exceptions to the terms of this title for the following items, subject to appropriate conditions and safeguards in harmony with its general purpose and intent, and provided that all other provisions, regulations, and requirements of this Code shall be satisfied:
1. Ingress and egress to a contractor's office or equipment shed on a construction site must be from arterial or collector streets; except, however, the Board of Adjustment may approve, as a special exception, a location with access to a minor street upon finding that such location would result in less traffic on streets in residential areas (see subsection 11-5-3B2 of this title).
2. A contractor's office or equipment shed on a construction site may continue for a period not to exceed one year in the same location, unless extended as a special exception by the Board of Adjustment (see subsection 11-5-3B2 of this title).
3. Any real estate office for activities incidental to the marketing of properties in a subdivision in which the office is located may remain for two (2) years or until ninety percent (90%) of the properties therein have been sold, whichever is sooner, unless an extension of the period shall have been granted as a special exception by the Board of Adjustment (see subsection 11-5-3C2 of this title);
4. Conversion of existing residential structures to a nonresidential use other than administrative and professional offices, child daycare centers, low and moderate impact institutional, or indoor cultural uses, as described in subsections 11-4-2C1, C6, E5, E6, and E8 of this title, is prohibited in all nonresidential and nonagricultural districts except as may otherwise be determined, as a special exception, by the Board of Adjustment that such conversion would be in the best interests of preserving an architecturally significant or structurally sound building meeting all code requirements (see subsection 11-5-4B of this title).
5. The Board of Adjustment may reduce parking requirements as a special exception by the Board of Adjustment if it can be demonstrated that a collective parking facility can adequately serve two (2) or more uses while having fewer spaces than the total of the separate requirements for each use. A long term lease agreement or permanent parking covenant may be required to ensure that parking will be available to each use sharing the collective facility (see subsection 11-13-3A of this title). (Ord. 5916, 8-9-1999)
6. A manufactured home which complies and meets the structural requirements of the International Residential Code may be approved as a special exception, provided appropriate conditions and performance standards are imposed upon the applicant to ensure the home is compatible in value and quality with the neighborhood in which it is to be placed. (Ord. 5916, 8-9-1999; amd. Ord. 5951, 7-9-2001; Ord. 6071, 12-10-2007)
7. An accessory building or structure to be constructed on a lot or tract of land comprising an area of one acre or more may exceed the bulk standards of subsection 11-5-1D of this title, provided that such exception is not harmful to the general character, scale of improvements, or privacy of adjoining properties. (Ord. 6253, 5-14-2018)
B. Application: Consideration of a request by a property owner, owners, or authorized representative for a special exception is initiated by submittal of the appropriate completed application form and supporting documentation required for public hearings as listed in subsection 11-17-2B of this chapter, except that the property ownership list may be limited to only the names and mailing addresses of owners of property immediately adjacent to the subject property. The filing fee for a special exception application shall be established by resolution of the Board of Commissioners, no part of which shall be refundable.
C. Review: Upon compliance with all application requirements, the requested special exception shall be reviewed by the City staff for compliance with the conditions listed herein, and shall be forwarded with findings and recommendations to the Board of Adjustment. Upon required notice being given, the Board of Adjustment shall hold a public hearing in accordance with the provisions of section 11-17-2 of this chapter to review the proposed special exception, receive comments, testimony, and evidence from interested parties, and receive the recommendation of City staff. In determining whether or not the special exception should be granted, the Board of Adjustment shall consider, and record in the official minutes of the meeting, the extent to which the evidence demonstrates that:
1. The request is eligible according to the relevant requirements stipulated in subsection A of this section;
2. A hardship would result if the special exception is not granted;
3. The granting of the special exception will not adversely affect the rights of adjacent property owners or residents; and
4. The granting of the special exception will not cause substantial detriment to the public health, safety, convenience, or general welfare.
D. Approval: The Board of Adjustment shall approve or deny the special exception. Approval shall be documented by written findings of fact which support the conclusions listed in subsection C of this section, and the Board of Adjustment may prescribe additional conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this title and punishable as provided in subsection 11-17-1E of this chapter.
E. Appeal: The decision of the Board of Adjustment may be appealed by any person or persons to the District Court of Kay County as provided in this Code. (Ord. 5916, 8-9-1999)