Delmar City Zoning Code

ARTICLE XXXII

Special Exceptions

§ 10-205 Required findings.

A special exception may be granted when the Board finds, from a preponderance of the evidence produced at a public hearing, that:

The proposed use does not adversely affect the Town's Comprehensive Plan for physical development of the district, or portion thereof;

The proposed use will not adversely affect the health, safety, and general welfare of the residents or workers in the area and will not be detrimental to the use or development of adjacent properties or the general neighborhood;

The standards set forth for each particular use for which a special exception may be granted have been met;

Where a use district boundary line crosses a lot, a use of either classification may be permitted on the whole lot; and

The proposed use has been so designed to minimize possible adverse effects on the surrounding area.

§ 10-206 Burden of proof.

The applicant for a special exception shall have the burden of proof, which shall include the presentation of evidence, and the burden of persuasion on all questions of facts that are to be determined by the Board.

Delmar City Zoning Code

ARTICLE XXXII

Special Exceptions

§ 10-205 Required findings.

A special exception may be granted when the Board finds, from a preponderance of the evidence produced at a public hearing, that:

The proposed use does not adversely affect the Town's Comprehensive Plan for physical development of the district, or portion thereof;

The proposed use will not adversely affect the health, safety, and general welfare of the residents or workers in the area and will not be detrimental to the use or development of adjacent properties or the general neighborhood;

The standards set forth for each particular use for which a special exception may be granted have been met;

Where a use district boundary line crosses a lot, a use of either classification may be permitted on the whole lot; and

The proposed use has been so designed to minimize possible adverse effects on the surrounding area.

§ 10-206 Burden of proof.

The applicant for a special exception shall have the burden of proof, which shall include the presentation of evidence, and the burden of persuasion on all questions of facts that are to be determined by the Board.