(A) This subchapter is provided to allow the opportunity for a applicant(s) to present for review and decision an application for a modification to the public works standards, if the applicant(s) believes that special circumstances exist that merit such modification (hereinafter “special exception”). It is the intent of this subchapter that a decision related to a special exception application be a discretionary action by the Council, acting as the land use authority. A decision by the Council related to a special exception application shall be accompanied by findings of fact, following the receipt of a Commission recommendation, such recommendation also being accompanied by findings of fact.
(B) For the purposes of this subchapter, the procedures and requirements for the consideration of a special exception are provided to promote the full consideration of all items related to the proposed special exception. The Commission shall identify and address all items applicable to a special exception application prior to providing a recommendation to the Council.
(C) The Council shall identify and address all items applicable to a special exception application prior to approving, approving with requirements, or denying the special exception application.