The Board of Zoning Adjustment can grant special exceptions to the Zoning Regulations under specific circumstances and on a case-by-case, site-by-site basis.
In granting a special exception, the Board must review the case based on the following criteria:
- Will be in harmony with the general purpose and intent of the Zoning Regulations and Zoning Maps;
- Will not tend to affect adversely, the use of neighboring property in accordance with the Zoning Regulations and Zoning Maps; and
- Subject in specific cases to the special conditions specified in this title.
The applicant for a special exception shall have the full burden to prove no undue adverse impact and shall demonstrate such through evidence in the public record. If no evidence is presented in opposition to the case, the applicant shall not be relieved of this responsibility.
The Board of Zoning Adjustment may impose requirements pertaining to design, appearance, size, signs, screening, landscaping, lighting, building materials, or other requirements it deems necessary to protect adjacent or nearby property, or to ensure compliance with the intent of the Zoning Regulations.
The Board of Zoning Adjustment may impose a term limit on a special exception use when it determines that a subsequent evaluation of the actual impact of the use on neighboring properties is appropriate, but shall consider the reasonable impacts and expectations of the applicant in doing so.
For more information on the following topic, please see the corresponding referenced section:
- General Provisions - Subtitle X § 900
- Special Exception Review Standards - Subtitle X § 901
- Application Requirements - Subtitle X § 902