§ 36-132. Special exceptions.

(a)

Applications for special exception. All applications for special exceptions from the terms of the chapter shall be in writing and shall specify the facts involved, the special exception desired and grounds therefore. The property owner shall file such application with the City Secretary who, after investigation by the City Manager or his designee(s), shall transmit such application together with a report to the Board of Adjustment within 60 days after receipt. The non-refundable fee for an application shall be the same as the fee for an application for variance or as described in Appendix A - City of Shavano Park Fee Schedule.

(b)

Hearings on applications for special exceptions. The Board of Adjustment shall fix a reasonable time for the hearing of all applications for special exceptions, give public notice thereof, as well as due notice to all persons entitled to notice under section 36-130, and such hearing shall be held within 90 days after receipt of the City Manager's report. At each hearing, any person may appear in person or by agent or by attorney.

(c)

Granting special exceptions. The Board of Adjustment may grant special exceptions to the side and rear setbacks provided for under this chapter and solely in accordance with the following:

(1)

Reduce the side or rear setbacks requirements in all single family residential zoning districts and all single family residential planned unit development zoning districts by up to 50 percent if the application satisfies the conditions provided for in subsections (d) and (e) and the side or rear setback in question abuts the following:

a.

The streets of N.W. Military, and DeZavala;

b.

City of San Antonio zoning districts;

c.

O-1, B-1 or B-2 zoning districts; or

d.

Greenbelts as designated on a plat.

(d)

Conditions for granting special exceptions. If the Board of Adjustment finds that all of the conditions in this subsection have been satisfied, the Board of Adjustment may approve the special exception application. This subsection's conditions are as follows:

(1)

That the special exception will not endanger public health, safety, or general welfare;

(2)

That the special exception will not be materially detrimental to public health, safety, or general welfare;

(3)

That as of the hearing date, it is not foreseeable that the special exception will substantially impair or diminish the presently permitted neighborhood uses, values and enjoyment of neighboring properties;

(4)

That the special exception will not significantly impede the normal and orderly development and/or improvement of surrounding properties as to uses permitted in the district and/or immediately contiguous district;

(5)

That the special exception will not result in such property violating any height, lot coverage, building size and/or exterior requirements;

(6)

That the special exception will not result in such property violating any district parking space regulations and/or tree preservation requirements;

(7)

That the special exception will not result in such property being incompatible with other properties within the zoning district;

(8)

That the conditions provided for in subsection (e) have been satisfied; and

(9)

That any accessory building allowed under this subsection shall be neither larger than 500 square feet nor taller than 16 feet from the lowest grade point of such building.

(e)

Conditions and guarantees. In order to protect the public health, safety and general welfare of the community and prior to the granting of any special exception, the Board of Adjustment shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special exception as deemed necessary in its sole discretion to protect the public health, safety and general welfare of the community and to secure compliance with the standards and requirements specified in subsection (d) above. When the Board of Adjustment grants a special exception, the Board of Adjustment shall require such evidence and written guarantees as it deems necessary as proof that the property owner has and/or will comply with all conditions stipulated in connection therewith.

(f)

Effect of denial of application. If the Board of Adjustment denies a special exception in whole or in part, the property owner must wait at least one year from the date of said denial to make a resubmission under this section.

(g)

Failure to comply with conditions. Should a property owner fail to comply with any conditions of the Board of Adjustment in granting a special exception to a property, the City shall seek appropriate enforcement and remedies as stated in section 36-5 of this chapter.

( Ord. No. 0-2016-008 , § I, 7-25-2016; Ord. No. O-2017-022 , § I, 11-27-2017)