§ 1445-07. Authority to Grant Variances, Special Exceptions and Conditional Uses  

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  • The Zoning Hearing Examiner may grant variances, special exceptions and conditional uses, in accordance with the procedures and standards enumerated in this Chapter.

    (a) Variances. The examiner may not grant a variance that is greater than the minimum necessary relief demonstrated by the applicant or authorizes a change in use that would permit a use contrary to the use regulations of the applicable zoning district.

    (b) Special Exceptions. The examiner may consider applications only for those special exceptions specifically listed in Schedule 1445-07, List of Allowable Special Exceptions.

    (c) Conditional Uses. The examiner may, in accord with regulations applicable to the district in which the subject property is located, approve uses listed as conditional uses in the schedule of use regulations for a district or for a category of zoning districts. Conditional uses are also subject to the special provisions of the district use regulations in those districts where such conditional uses are authorized.

    Schedule 1445-07: List of Allowable Special Exceptions

    Standard Chapter or § Reference
    Building Placement Requirements § 1409-19, 1409-21
    Commercial Continuity § 1411-17
    Ground Floor Transparency § 1409-23, 1411-21
    Location of Parking § 1409-25, 1425-15
    Additional Development Regulations Chapter 1419
    Landscaping and Buffer Yards Chapter 1423
    Portable Storage Containers § 1419-24
    Parking Lot Landscaping § 1425-29
    Parking Lot Screening § 1425-27
    UM District Off-Street Parking § 1410-09
    Front Yard Modifications § 1421-21


(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 257-2005, eff. July 21, 2005; a. Ord. No. 369-2006, § 1, eff. Jan. 20, 2007; a. Ord. No. 414-2008, § 24, eff. Jan. 4, 2009; a. Ord. No. 300-2009, § 1, eff. Dec. 12, 2009)