What is a Permanent Transferable Special Exception?
A Permanent Transferable Special Exception allows for any building or structure located in a Low Density Residential District (R-1) or a Medium Density Residential District (R-2), which was converted into a non-conforming two-family dwelling, multiple-family dwelling or boarding house prior to the date the Zoning Ordinance was enacted (May 17, 1982) to permanently remain non-conforming (i.e., the structure is grandfathered).
A Permanent Transferable Special Exception is transferable and will remain with the property no matter how many times it changes ownership. If there is any dispute as to when the two-family dwelling, multiple-family dwelling, or boarding house became non-conforming, the owner shall have the burden of proof to show that the property was converted previous to May 17, 1982. The ZBA will be the final arbitrator of determining the date the use was converted.