A. No conditional or special exception use shall be approved if it:
(1) Substantially increases traffic congestion along a street or creates a traffic safety hazard.
(2) Creates an undue concentration of population.
(3) Impairs an adequate supply of light and air to adjacent property.
(4) Creates a significant threat to the public health or safety.
(5) Is detrimental to the appropriate use of adjacent property through the generation of significant nuisances or hazards.
(6) Does not meet the requirements of this chapter.
B. Persons with disabilities. After the Zoning Administrator receives a complete written application, the Zoning Hearing Board shall grant a special exception allowing modifications to specific requirements of this chapter that the applicant proves to the satisfaction of the Zoning Hearing Board are required under applicable federal law to provide a reasonable accommodation to serve persons who the applicant proves have "disabilities" as defined in and protected by such laws.
(1) Such reasonable accommodations shall be requested in accordance with the U.S. Fair Housing Act Amendments and/or the Americans with Disabilities Act, as amended.
(2) If the applicant is requesting a reasonable accommodation under the United States Fair Housing Amendments Act of 1988 or the Americans with Disabilities Act, the applicant shall identify the disability which is protected by such statutes, the extent of the modification of the provisions of this chapter necessary for a reasonable accommodation, and the manner by which the reasonable accommodation requested may be removed when such person(s) with a protected disability no longer will be present on the property.
(3) Any modification approved under this section may be limited to the time period during which the persons with disabilities occupy or utilize the premises.
C. Expansions. An existing lawful use that is listed in the applicable zoning district as being a special exception use may be expanded for the same use as a by-right use if all of the following conditions are met:
(1) The total building floor area of the use is not expanded by more than 25%.
(2) The expansion is on the same lot.
(3) The expansion shall be governed by the same conditions, if any, that were previously established by the Zoning Hearing Board, as applicable.
(4) All other requirements of this chapter are met.
D. Modification. Where an application is submitted for conditional use approval, the City Council shall also have the authority as part of the conditional use approval to approve a modification of specific parking, landscaping, buffer strip and/or dimensional provisions of this chapter. Such modification shall only be approved if all requests are made in writing by the applicant as part of the conditional use application. Such modification shall only be allowed if the applicant proves to the satisfaction of City Council that an alternative standard will be applied as a condition upon approval, and that the alternative standard would be more in the public interest than the existing requirement. [Added 2-14-2011 by Ord. No. 8-2011]