§ 46-693. Special exception approval.

(a)

The board of adjustments (B.O.A.) may grant a special exception from the requirements of certain provisions of this Code if the special exceptions are not contrary to public interest and the spirit of this Code is preserved and substantial fairness is accomplished. The only special exceptions that may be granted are:

(1)

Front and back setback requirements;

(2)

Building size requirements;

(3)

Building height requirements;

(4)

Vehicle parking requirements;

(5)

Screening and buffering requirements;

(6)

Building construction materials;

(7)

Roof pitch.

(b)

In granting the special exception, the (B.O.A.) may impose conditions for which the applicant or his successors shall be in compliance before a certificate of occupation may be issued by the building official. Any special exceptions shall be included on a preliminary and final plat, site plan or, if necessary, through a separate recordable document approved by the (B.O.A.).

(c)

In no event can a special exception exceed ten percent over or under the requirements of this Code for which a special exception is granted.

(d)

Any lot of record existing prior to December 31, 1990, may be allowed to have a minimum living area of 800 square feet of living area with an area for two parking spaces on an approved impervious driveway and meet all of the property setback requirements.

(e)

Any single- or two-family dwelling built after March 28, 1973, having garages shall not be enclosed or converted into living area, removing garage doors or changing the intended purpose of general storage and parking and storage of vehicles without first building an approved replacement two-car garage accessible to a public city-approved and accepted street or alley, or provide off-street parking on city-approved impervious driveways for at least two vehicles and meeting all city ordinances effective July 31, 2011.

(f)

The building size and type of construction shall be as defined in each residential zoning district unless 25 percent of the dwellings on one side of the street do not meet the restrictions in place, then the size and construction materials used may meet the type and size "based on living area" as on that established side of the street with approval of the building official.

(Code 1990, ch. 11, § 2(G)(5); Ord. No. 96-03-19-09, 3-19-1996; Ord. No. 97-12-02-31, 12-2-1997; Ord. No. 2001-09-11-21, 9-11-2001; Ord. No. 98-11-03-54, 11-3-1998; Ord. No. 2001-04-03-10, 4-3-2001; Ord. No. 2002-02-05-06, 2-5-2002; Ord. No. 2011-07-05-37, §§ I—XXV, 7-5-2011; Ord. No. 2015-1-6-2, § XII, 1-6-2015 )