§ 42-50. Special exceptions.  


Latest version.
  • (a)

    Approval required. Where certain developments or uses are of such special nature, or such a unique situation, or their effect is so dependent upon actual contemporary circumstances as to make impractical the absolute predetermination of permissibility, or listing of specific standards which would be automatically applied in each case to determine permissibility, an application for a special exception may be made to the board of appeals. In such case, the development or use may be permitted if the board of appeals, after a public hearing, determines that there is or will be compliance with the standards or conditions set forth in this section. In order to approve a special exception, the board of appeals does not necessarily require the demonstration of an unnecessary hardship or practical difficulty.

    (b)

    Limited jurisdiction. The board of appeals shall have no authority to grant a special exception to any of the requirements of this chapter except as described herein. The board of appeal's authority to grant special exceptions is limited to the following issues:

    (1)

    In all districts where in-law conditional uses are allowed, the board of appeals may by special exception increase the otherwise applicable maximum living area limitation up to a maximum of 1,200 square feet.

    (2)

    In all districts, the board of appeals may, by special exception, reduce the otherwise applicable side and rear yard offset requirement by not more than 25 percent.

    (3)

    The board of appeals shall have such additional special exception authority as may be specifically granted to the board of appeals by this section. No such authority shall be implied, but shall apply only if described in this section by reference to the board of appeals by name and specifically authorizes a special exception.

    (c)

    Procedures. The following procedure shall be followed by the board of appeals when considering the granting of special exceptions to this chapter:

    (1)

    Petition made. A petition for special exception shall be made to the board of appeals for consideration.

    (2)

    Filing a petition. Such petition shall be prepared and submitted on printed forms provided for this purpose and shall be filed with the town clerk-treasurer, who shall present it to the board of appeals at its next meeting.

    (3)

    Data required. In addition to all information required on the petition form, the petitioner shall supply the following:

    a.

    A plat of survey drawn to a scale of not less than 100 feet to the inch showing the land in question, its location, the length and direction of each boundary thereof, the location and existing use of all buildings on such land and the principal use of all properties within 300 feet of such land.

    b.

    The names and addresses of the owners of all properties within 300 feet of any part of the land included in the proposed change.

    c.

    A detailed description of the intended development or use.

    d.

    Any further information as required by the town to facilitate the making of an evaluation of such request, such as a site plan depicting proposed buildings, parking, traffic impact, landscaping treatment, drainage, sanitary sewer, erosion control and other factors as would be pertinent including the impact on public facilities.

    (4)

    Hearing. The board of appeals shall hold a public hearing upon receipt of such petition. Notice of the time and place of such hearing shall be given in the manner prescribed under section 42-49.

    (5)

    Fee. Any petition shall be accompanied by a fee established by resolution to defray the cost of publication, notification, and holding a public hearing, administrative expenses and expenses of board members. The petitioner shall also pay to the town all costs incurred for legal, planning, engineering, and administrative work necessary to administer the application and oversee the development.

    (d)

    Basis of approval. An application for a special exception may be approved, denied, or approved with conditions. If approved, the board of appeals must determine that the approval, except as elsewhere herein expressly provided, shall not:

    (1)

    Be inconsistent with or contradictory to the purpose, spirit or intent of the zoning ordinance;

    (2)

    Violate the spirit or general intent of this chapter;

    (3)

    Be contrary to the public health, safety, or welfare, but rather shall promote the public health, safety and welfare;

    (4)

    Be hazardous, harmful, noxious, offensive or a nuisance by reason of noise, dust, smoke, traffic congestion, odor or other similar factors;

    (5)

    For any other reason, cause substantial adverse effect on the property values and general desirability of the neighborhood; and

    (6)

    Be a use which is incompatible to the surrounding land uses.

    (e)

    Determination. The action of the board of appeals shall be stated in writing, and shall include findings of fact setting forth the basis upon which the special exception is granted, utilizing and referring to the criteria set forth above. A copy of the board of appeal's action shall be made a permanent part of the town records. If a special exception is not approved, the reasons therefor will be included in such record. Approval of special exceptions shall be by the concurring vote of four members.

(Ord. of 10-24-2017, § 13-2-24)

Editor's note

Former section 13-2-24(b) was amended by Ord. No. 2013-10.