Board of Adjustment
Special Exceptions are uses that are generally compatible with the permitted land uses in a given zoning district, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location within a given zoning district. Special Exception uses are listed in the district regulations for each zoning district. The application form for a Special Exception form is here.
Criteria for the Board of Adjustment to consider when deciding on a Special Exception:
Whether the proposed use at the specified location is consistent with the policies embodied in the adopted Master plan.
Whether the proposed use is consistent with the general purpose and intent of the applicable zoning district regulations and complies with the requirements of the zoning ordinance.
Whether the proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.
Whether the proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and includes improvements or modifications either on-site or with the public rights-of-way to mitigate development related adverse impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods. These improvements or modifications may include, but shall not be limited to, the placement or orientation of buildings and entryways, parking areas, buffer yards, and the addition of landscaping, walls or both, to ameliorate such impacts.
Whether the proposed use does not generate pedestrian and vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood.