§ 25-2-476. SPECIAL EXCEPTIONS.

(A)

The Board of Adjustment shall grant a special exception for an existing residential structure, or portion of an existing structure, that violates a setback required under Chapter 25-2 ( Zoning ) if the board finds that the special exception meets the requirements of this section.

(B)

The Board shall grant a special exception under Subsection (A) of this section if:

(1)

the residential use for which the special exception is sought is allowed in an SF-3 or more restrictive zoning district;

(2)

the building official performs an inspection and determines that the violation does not pose a hazard to life, health, or public safety; and

(3)

the Board finds that:

(a)

the violation has existed for:

(i)

at least 25 years; or

(ii)

at least 10 years, if the application for a special exception is submitted on or before June 6, 2017;

(b)

the use is a permitted use or a nonconforming use;

(c)

the structure does not share a lot with more than one other primary residence; and

(d)

granting a special exception would not:

(i)

alter the character of the area;

(ii)

impair the use of adjacent property that is developed in compliance with city code; or

(iii)

grant a special privilege that is inconsistent with other properties in the area or in the district in which the property is located.

(C)

A special exception granted under this section:

(1)

applies only to the structure, or portion of a structure, for which the special exception was granted and does not run with the land;

(2)

may not authorize an increase in the degree of noncompliance or excuse compliance with minimum health and safety requirements; and

(3)

may not authorize a remodel or addition to the existing structure, except to the extent required by the building official to meet minimum life and safety requirements.

(D)

A structure granted a special exception under this section shall be treated as a non-complying structure under Chapter 25-2, Article 8 ( Noncomplying Structures ).

Source: Ord. 20110526-098; Ord. 20121108-091; Ord. 20130822-126; Ord. No. 20160519-057, Pt. 2, 5-30-16 .