The Board of Adjustment shall have the following powers:

Variances. To authorize upon appeal in specific cases such variance from the terms of the Zoning Property Development Regulations and Sign Ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provision of the Zoning Regulations will result in unnecessary hardship, and so that the spirit of the Zoning Regulations shall be observed and substantial justice done. See Section 5.600.

Administrative Appeals. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the Zoning Regulations. See Section 5.700.

Special Exceptions. To hear and decide, upon application, special exceptions to the terms of the zoning ordinance. The term "special exception" shall mean a deviation from the requirements of the zoning regulations herein established. Special exceptions shall be granted only when the board finds that such special exceptions will not adversely affect the value and use of adjacent or neighboring property or be contrary to the public interest. The procedural guidelines for variances outlined in sections 5.610, 5.620, 5.630, 5.640, 5.660, 5.670, 5,671, 5.680, and 5.690 of the city zoning code shall be utilized for special exceptions to the extent applicable.

(a) Special exceptions may be granted only in the following circumstances:

(1) To permit short-term rental unoccupied operations in the R-1 and R- 2 zoning districts if the following conditions are satisfied:

a. The property shares two or more lot lines, or one or more lot lines for a corner lot, with a property either (i) lawfully operating as a short-term rental unoccupied use or (ii) zoned CBD, C-2, or PF (excluding properties zoned PF with public primary educational facility uses and/or public secondary educational facility uses); and

b. More than 50 percent of the properties within a 200 foot radius are either (i) lawfully operating as a short-term rental unoccupied use or (ii) zoned CBD, C-2, or PF (excluding properties zoned PF with public primary educational facility uses and/or public secondary educational facility uses).

(2) To permit short-term rental operations with an expanded occupancy maximum or exception to parking requirements.

(3) To permit short-term rental operations in the Historic Shopping District Overlay involving the operation of a short-term rental use on the first floor of any new construction or converted existing structure.

(b) In hearing an application for a special exception for short-term rental operations, the board may consider factors such as the following:

(1) Whether such operation is likely to disrupt adjacent owners' right to the quiet enjoyment of their property (for example, by considering whether lot sizes are small enough that noise is likely to affect neighboring property owners);

(2) Whether operation as a short-term rental in the property's zoning district is compatible with the quality of the surrounding area;

(3) Whether such operation will substantially impact nearby streets, including whether the property provides only limited off-street parking;

(4) Which type of short-term rental, as defined in section 20-220, the applicant seeks to operate;

(5) For a short-term rental existing prior to the effective date of chapter 20, article VII of the code, the duration of that short-term rental's operations and the number and type of complaints and/or citations related to that short-term rental;

(6) Whether operation with the terms of the special exception will adversely impact the residential quality of the surrounding neighborhood;

(7) Whether any properties located within a 200 foot radius of the property are operating with public or private primary or secondary educational facility uses; and

(8) Specific property characteristics of the short-term rental like lot size or large square footage of the structure.

(Ord. No. 2023-18, § 6, 11-7-2023)