§ 153.046. SPECIAL EXCEPTIONS.

(A) When, in its judgment, the public welfare will be served and the use of neighboring property will not be injured thereby, the Board may, in a specific case, after due notice and public hearing and subject to appropriate conditions and safeguards, determine and vary the application of the regulations of this chapter in harmony with the general character of the district and the intent and purposes of this chapter. The granting of a special exception shall in no way constitute a change in the basic uses permitted in the district effected nor on the property wherein the exception is permitted.

(B) The Board may issue either temporary or conditional permits as special exceptions for the following land and structure uses:

(1) Temporary permits. For temporary uses, temporary structures, partial structures including trailer coaches not located in a licensed mobile home park subject to the following procedures and limitations.

(a) Application for a permit for a use of a temporary or partial structure for dwelling purposes shall be made to the Board on a special form.

(b) The Board shall give due notice to the applicant and to all property owners within 300 feet of the property effected at least 15 days before the hearing will be held on such application.

(c) Said temporary permit shall not be granted unless the Board finds adequate evidence that the proposed location of the use will not be detrimental to the property in the immediate vicinity and that water and sanitary facilities have been approved by the appropriate health department.

(d) The Board may impose any reasonable conditions including setbacks, land coverage or off-street parking, landscaping and other requirements deemed necessary to protect adjoining properties and the public welfare. The violation of such condition shall invalidate the permit.

(e) The permit issued shall clearly set forth the conditions under which the permit is granted (e.g., during reconstruction of a permanent home destroyed by fire or other catastrophe) and shall state that the proposed temporary dwelling structure is to be vacated upon the expiration of a specific time limit not to exceed 12 months. No permit issued under this section shall be transferrable to any other owner or occupant.

(2) Conditional permits for reduction and off-street parking requirements.

(a) The Board may authorize a reduction, modification or waiver of any of the off-street parking or off-street loading regulations set forth in §§ 153.125 through 153.127, when the applicant has demonstrated that circumstances of extreme practical difficulty exist that would unquestionably result in hardship to the applicant when a literal interpretation of the regulations is required. Hardship shall not be deemed to be economic but shall be evaluated in terms of the use of the particular parcel of land. A hardship that is a result of any action of the applicant taken after the adoption of this chapter shall not be considered by the Board. The foregoing notwithstanding, in no case shall off-street parking or off-street loading standards be reduced by more than 25%.

(b) Joint use of off-street parking areas may be authorized when the capacities required in §§ 153.125 through 153.127 are met and when a copy of an agreement between joint users shall be filed with the application for a building permit and recorded as an easement with the Register of Deeds of this county guaranteeing continued use of the parking facilities for each party.

(Ord., § 3.17, passed 8-5-1991)