§ 4. Appeal for Special Exceptions.

(1)

Type A accessory buildings constructed on lots greater than one-half acre shall be constructed in compliance with Article XIV-I Sections 1(2), (6) and (8) in terms of maximum height, square footage and number of allowed accessory buildings, and all other applicable sections with the exception of Section 3(2), as provided within this Section.

(2)

A Special Exception from the requirements of Article XIV-Section 3(2), may, upon application of the property owner, be considered by the Zoning Board of Adjustment based on findings that the placement, size, materials, foundation and exterior wall (elevation) colors, earth tones preferred, are compatible with the surrounding neighborhood; and, such accessory building shall not otherwise be deleterious to the general health, safety and welfare based on, including but not limited to, the following criteria:

A.

Exterior wall coverings shall consist of architecturally compatible, maintenance free materials other than the materials of the main structure. If made from metal construction, either siding or roof shall be constructed of 26-gauge steel or aluminum profiled panels [or other maintenance free materials as approved by the Building Official].

B.

Exterior finish for metal materials used in the construction of Type A accessory buildings shall be of a baked enamel finish or painted to the manufacturer's specifications.

C.

Type A accessory buildings shall be limited to thirteen (13) feet in height and limited to 50% of the square footage of the living space of the main structure.

D.

Type A accessory buildings shall be constructed on an approved concrete foundation.

E.

Type A accessory buildings constructed on lots greater than 1/2-acre shall observe the same side, front and rear yard setbacks required in Article XIV-I, Section 2.

F.

Type A accessory buildings when used as a garage, shall have access from a street, alley or public way and such access shall be constructed in compliance with Article XIV-I, Section 3(1).

G.

Type A accessory buildings constructed under a Special Exception to Section 3(2) shall not be finished, used or maintained for human occupancy.

H.

Type A accessory buildings shall be screened from adjacent properties and public streets by means of a solid screening fence a minimum of six (6) feet in height.

I.

Unless otherwise specified in the terms of a Special Exception, all other requirements of ordinance sections pertaining to Type A accessory buildings shall remain in effect, subject to any special conditions.

(3)

The Board shall hear any request for Special Exceptions upon due consideration of the circumstances and compatibility with surrounding properties, architectural design and creativity, comments received from adjacent and nearby property owners, and the public health, safety and welfare, grant or deny the same, with or without conditions.

A.

Initiation of a request for a Special Exception may be made upon application by the property owner of the affected property or their authorized agent.

B.

Once an application for a Special Exception request has been received and the application deemed complete, the Building Official shall review the application, and prepare a report to the Zoning Board of Adjustment.

C.

The Zoning Board of Adjustment shall hold a Public Hearing for consideration of the Special Exception request no later than 45 calendar days after the date the application is filed.

D.

Written notice of the Public Hearing for a Special Exception shall be provided as set forth in Article XVII of this Code.

E.

The applicant may appear at the hearing in person or by agent or attorney.

FIGURE #1 FRONT, SIDE, REAR YARD TYPICAL LOT

FIGURE #2 FRONT, SIDE YARDS LOT WITH DOUBLE FRONTAGE

FIGURE #3 FRONT, SIDE, REAR YARDS CORNER LOT

FIGURE #4 FRONT, SIDE, REAR YARDS CORNER LOT WITH REAR ALLEY ACCESS

FIGURE #5 FRONT, SIDE, REAR YARDS CORNER LOT

FIGURE #6 FRONT, SIDE, REAR YARDS CORNER LOT

FIGURE #7 FRONT, SIDE, REAR YARDS CORNER LOT WITH REAR ALLEY ACCESS

(Ord. No. 2326, § 1, 11-21-17)

Editor's note

Ord. No. 2326, § 1, adopted November 21, 2017, amended § 4 to read as set out herein. Previously § 4 was titled "Process for appeal."