10.110 Special Exceptions

Board of Adjustment

(a) The board may grant a special exception to the requirements of this article upon making a special finding from the evidence presented that:

(1) strict compliance with the requirements of this article will unreasonably burden the use of the property;

(2) the special exception will not adversely affect neighboring property; and

(3) the requirements are not imposed by a site-specific landscape plan approved by the city plan commission or city council.

(b) In determining whether to grant a special exception under Subsection (a), the board shall consider the following factors:

(1) The extent to which there is residential adjacency.

(2) The topography of the site.

(3) The extent to which landscaping exists for which no credit is given under this article.

(4) The extent to which other existing or proposed amenities will compensate for the reduction of landscaping. (Ord. Nos. 22053; 25155)

  • Revise this section so consideration for special exception by the board addresses the landscape division and tree preservation division separately.
  • Limit the board’s authority to reduce replacement inches to 50% of the overall requirement.
  • Discussion: The UFAC recommendations, as discussed, would place the 'General' and 'Landscaping' divisions of Article X under the current provisions of 10.110. The 'Tree Preservation' division would stand alone under separate criteria. It has been suggested that the tree preservation division would use the same 'findings' (51A-10.110(a)) as under the current ordinance, but amend the 'factors' (51A-10.110(b)) with which the board will consider granting a special exception. The factors might include 1) the ability to plant replacement trees safely on the property, and 2) the extent to which alternative methods of replacement will compensate for a reduction or extended time for tree replacement.