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What is a Special Exception Request?

A special exception is a use that is generally compatible with other uses permitted in a zoning district, but something about its nature, such as its potential impact on adjoining parcels, means that it must receive special approval from the Board of Zoning Appeals. The Board approves or denies applications for special exceptions based on the appropriateness of the use in the district and surrounding community and whether or not the use meets the required minimum criteria.

What is a Variance Request?

In specific cases where, owing to special conditions, a literal enforcement of the Zoning Ordinance will, in an individual case, result in unnecessary hardship, an applicant may request a variance to the Ordinance from the Board of Zoning Appeals. The Board approves or denies applications based on specific criteria for variance. Please note: The fact that property may be utilized more profitably should a variance be granted may not be considered grounds for a variance.

Criteria

For Special Exception Requests

  1. The proposed special exception complies with all applicable zoning district-specific standards in Article 3: Zoning Districts;
  2. The proposed special exception complies with all applicable use-specific standard in Article 4: Use Regulations;
  3. The proposed special exception will not have a substantial adverse impact on vehicular traffic or vehicular and pedestrian safety;
  4. Adequate provisions are made for parking and for loading and unloading;
  5. The proposed special exception will not have a substantial adverse impact on adjoining properties in terms of environmental factors such as noise, lights, glare, vibration, fumes, odors, obstruction of air or light, and litter;
  6. The proposed special exception will not have a substantial adverse impact on the aesthetic character of the area, to include a review of the orientation and spacing of buildings;
  7. The proposed special exception will not have a substantial adverse impact on public safety or create nuisance conditions detrimental to the public interest or conditions likely to result in increased law enforcement response;
  8. The establishment of the proposed special exception does not create a concentration or proliferation of the same or similar types of special exception use, which concentration may be detrimental to the development or redevelopment of the area in which the special exception use is proposed to be developed;
  9. The proposed special exception is consistent with the character and intent of the underlying zoning district as indicated in the zoning district purpose statement, and with any applicable overlay zoning district or adopted plan goals and requirements;
  10. The proposed special exception is appropriate for its location and compatible with the permitted uses adjacent to and in the vicinity of the property;
  11. The proposed special exception is compatible with the general character of the district in which it is proposed; and
  12. The proposed special exception will not adversely affect the public interest.

For Variance Requests

  • There are extraordinary and exceptional conditions pertaining to the particular piece of property;
  • These conditions do not generally apply to other properties in the vicinity;
  • These conditions are not the result of the applicant’s own actions;
  • Because of these conditions, the application of this UDO to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property;
  • The authorization of the variance will not be of substantial detriment to adjacent property or to the public good, and the character of the zoning district where the property is located will not be harmed by the granting of the variance;
  • The reasons set forth in the application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land, building or structure; and
  • The granting of the variance will be in harmony with the general purpose and intent of this Ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

Please note that the Board of Zoning Appeals may not grant a variance from the zoning standards of Sec. 17-2.5(s)(4)b of the UDO that would:

  • Permit a use of land or a structure that is not allowed in the applicable zoning district;
  • Allow the physical extension of a nonconforming use; or
  • Change the zoning district boundaries shown on the Official Zoning Map.

In addition, the following do not constitute grounds for grant of a variance:

  • The nonconforming use of neighboring lands, structures, or buildings in the same zoning district that applies to the land for which the variance is sought;
  • Any permitted use of lands, structures or buildings in zoning districts other than the zoning district that applies to the land for which the variance is sought;   or
  • The fact that land may be utilized more profitably should a variance be granted.
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