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HomeMy WebLinkAbout03132008 ZPC Agenda Item 3 i • Amendment relating to special exceptions, etc. Draft 3-10-08 k Z) Add a new Section 12-106, as follows: Section 12-106. Special Exception, Certain Work Covered By Permit. (a) Generally. The ZBA may issue a special exception to grant PNC status for a structure that did not conform to this ordinance when it was constricted or modified, if the ZBA finds: (i) the non-conformance was clearly and specifically shown in plans and specifications duly submitted to obtain a City permit; (ii) before the work was done, neither the owner, the designer, the surveyor, the contractor nor any other person assisting with the work knew about the non-compliance; (iii) the non-conformance was clearly covered by the City permit (the same permit for which the plans and specifications were submitted), and the permit was otherwise regularly issued; (iv) after learning of the non-conformance, the owner promptly and voluntarily halted the work and conferred with the administrative official; (v) the special exception will ~~~health or safety hazard and no significant impact upon another person or property; and (vi) the structure can be brought into conformance with this ordinance within the time period specified in the special exception. (b) Time to comply; conditions. No such special exception is effective unless it specifies a time period within which the structure must be brought into conformance with this ordinance. Upon expiration of the time period, PNC status for the structure is lost. Any such special exception may contain conditions designed to: (1) reduce non-conformance, (ii) mitigate (or compensate for) the effects of non-conformance, (iii) achieve conformance sooner than the specified time period, or (iv) any combination of the foregoing. (c) Scope of exception. For good cause shown, such a special exception may allow completion, minor modification and occupancy of the structure without losing PNC status. Amendment relating to variances, etc. Draft 3-10-08 Amend Section 11-102 as follows: Section 11-102. Findings; burden of proof. (a) Variances. The ZBA may not issue or modify a variance unless all of the following circumstances are present: (1) The ZBA has made all findings and determinations required by state law for the granting; of a variance. A "hardship" that is self created, personal or based only on financial reasons is not sufficient to support the issuance of a variance. (2) The ZBA has made any additional findings and determinations required by a specific provision of this ordinance which relates to the variance. (3) The variance has been reduced to writing and includes any conditions prescribed by the ZBA or required by this ordinance for the variance in question. (b) Special exceptions. The ZBA may not issue or modify a special exception unless all of the following circumstances are present: (1) The ZBA has determined that the proposed special exception will not cause any significant increase in on-street parking, will not cause any substantial traffic congestion, will not cause any substantial increase in traffic or an unreasonable burden upon utility systems or upon any other public facility or public service. (2) The ZBA has determined that the proposed special exception will be in harmony with the general purpose and intent of this ordinance. (3) If the proposed special exception involves a bar, the ZBA has found that the applicant has clearly demonstrated that there is a readiness, willingness and ability to comply with all applicable laws, rules, regulations and ordinances relating to alcoholic beverages. (4) The ZBA has made any additional findings and determinations required by a specific provision of this ordinance. (5) The special exception has been reduced to writing and includes any conditions prescribed by the ZBA or required by this ordinance for the special exception in question. (c) Barden of prooa The applicant has the burden of presenting evidence to the ZBA and persuading the ZBA that: (1) each circumstance required for a variance or special exception is present; and (2) each required finding and determination is supported by substantial evidence.