§ 6.1024. Special exceptions from the ESL regulations.

A.

Special exceptions from the ESL regulations may be approved by the Zoning Administrator in the following circumstances:

1.

Nonbuildable parcel. If the application of the ESL regulations to a parcel, which was a legally constituted lot on which development would have been permitted prior to the adoption date of ESLO (February 19, 1991), would prevent the development of at least one (1) single-family dwelling, the parcel may be developed with one (1) single-family dwelling pursuant to the grant of a special exception, provided that such development otherwise conforms to the ESL regulations as closely as reasonably possible.

2.

Nonhillside district development project approvals. Modifications to development project approvals, or subsequent development approvals for development projects approved under nonhillside district zoning classifications prior to the effective date of ESLO (February 19, 1991) are subject to the ESL regulations. However, it is the intent of these regulations that such development project be brought into compliance with the ESL regulations as closely as reasonably possible without creating undue hardship on the property owner.

B.

Special Exception Submittal Requirements. In addition to the submittal requirements described in section 6.1090, applications for special exceptions from the ESL regulations authorized in this section shall include the following:

1.

Documentation of existing development approvals for the development site and the special exception eligibility of the parcel.

2.

Environmental mapping necessary to identify the ESL regulation(s) from which the special exception is requested.

3.

A development plan showing the approved land uses and the areas that will be affected by the proposed special exception.

4.

A report describing the proposed exceptions from the ESL regulations and describing the rationale for the exceptions.

(Ord. No. 2305, § 1, 2-19-91; Ord. No. 3395, § 1, 12-11-01; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, § 152), 5-6-14)