Sidebar Developers Guide to the Development Process-

APPLICATION FOR A SPECIAL EXCEPTION

Development Option: You have an approved lot and you wish to develop it for a use which is allowed in the particular zone as a special exception use.

What is the purpose of the Special Exception? The Planning and Zoning Commission is responsible for insuring that the proposed use is in compliance with the purpose and intent of the City's Comprehensive Plan. The uses falling under the special exceptions are those that can benefit the community, in the particular zone, only if they are properly planned the Planning and Zoning Commission has general requirements include an A-2 Survey and a legal description of the property. (Refer to Section 44.04-44.08.32 of the Zoning Code)

What is recommended: It is strongly recommended that the applicant consult with the City's Planning Staff prior to making formal application.

How long will it take? The Planning and Zoning Commission must provide adequate notice prior to the require public hearing (refer to flow charts) and then hold the hearing at most sixty-five (65) days from the day of receipt. A decision must come within sixty-five (65) days of the close of the hearing and the hearing is to conclude thirty (30) days after it commences. you and all other concerned parties have a fifteen (15) day appeal period from the day of notice of the decision.

What's Next? If the decision is a favorable one you then must file the Special Exception on the land records in the Office of the Town Clerk and apply for a building permit. If there is an unfavorable decision to appeal to the courts.

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