A. Purpose: A special exception is an activity or use incidental to or in addition to the principal use(s) permitted in a zoning district or an adjustment to a fixed dimension standard permitted as exceptions to the requirements of this title of less potential impact than a conditional use but which requires a careful review of such factors as location, design, configuration and/or impacts to determine the desirability of authorizing its establishment on any given site. A special exception may or may not be appropriate in a particular location depending on the local impacts, and consideration of ways to minimize adverse impacts through special site planning and development techniques.
B. Authority: The planning commission may approve only the special exceptions authorized by this title in accordance with the procedures and standards set out in this chapter and other regulations applicable to the district in which the subject property is located.
C. Initiation: A property owner may apply for a special exception as provided in the provision of this title authorizing such special exception. An agent of a property owner shall provide an affidavit of authorization. (Ord. 2012-15, 9-20-2012)
D. Procedure:
1. An application for a special exception shall be submitted as provided in chapter 13.03 of this title.
2. After the application is determined to be complete, the community development director shall forward the application to the technical review committee for its review and recommendation.
3. Upon receipt of a recommendation from the technical review committee, the community development director shall forward the application to the planning commission for review. (Ord. 2016-04, 4-14-2016)
4. Notice of the planning commission's first public hearing, shall be provided as per public noticing provisions provided in Appendix C: "Noticing Requirements" of Title 13. (Ord. 2016-27, 11-3-2016)
5. Following the public hearing, the planning commission shall:
a. Approve the application, with or without additional requirements;
b. Continue review of the application; or
c. Deny the application. (Ord. 2016-04, 4-14-2016)
E. Approval Standard: No application for a special exception shall be approved unless the planning commission shall determine that the proposed special exception is appropriate in the location proposed based upon its consideration of the general standards set forth below and, where applicable, the specific conditions for certain special exceptions as set forth in section 13.08.150 of this chapter.
1. The proposed use and development will be in harmony with the general and specific purposes for which this title was enacted and for which the regulations of the district were established.
2. The proposed use and development will not substantially diminish or impair the value of the property within the neighborhood in which it is located.
3. The proposed use and development will not have a material adverse effect upon the character of the area or the public health, safety and general welfare.
4. The proposed special exception will be constructed, arranged and operated so as to be compatible with the use and development of neighboring property in accordance with the applicable district regulations.
5. The proposed use and development will not result in the destruction, loss or damage of natural, scenic or historic features of significant importance.
6. The proposed use and development will not cause material air, water, soil or noise pollution or other types of pollution.
7. The proposed use and development complies with all additional standards imposed on it pursuant to section 13.08.150 of this chapter.
F. Additional Requirements: The Planning Commission may impose conditions and limitations as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the special exception or upon public facilities and services. These conditions may include, but are not limited to, conditions concerning use, construction, operation, character, location, landscaping, screening and other matters relating to the purposes and objectives of this title. Such conditions shall be expressly set forth in the motion granting the special exception.
G. Extensions: No special exception shall be valid for a period longer than one year unless a building permit is issued or complete building plans have been submitted to the Division of Building Services and Licensing within that period.
1. The Planning Commission may grant an extension of a special exception for up to one additional year when the applicant is able to demonstrate no change in circumstance that would result in an unmitigated impact.
2. Extension requests must be submitted to the Planning Commission in writing prior to the expiration of the exception.
Violation of any such condition or limitation shall be a violation of this title and shall constitute grounds for revocation of the special exception.
H. Appeal: A person adversely affected by a decision of the Planning Commission regarding a land use permit approved under this section may appeal the decision to the City Council.
I. Effect Of Approval: Approval of a special exception shall authorize an applicant to proceed with the thing authorized by the exception.
J. Amendment: The procedure for amending a special exception issued pursuant to this section shall be the same as the original procedure set forth in this section.
K. Expiration: A special exception issued pursuant to this section shall expire and have no further force or effect if the exception authorized by the approval is not commenced within one year.
L. Revocation: Violation of any such requirement or limitation placed on the special exception by the Planning Commission approval shall be a violation of this title and shall constitute grounds for revocation of the special exception. The Planning Commission may revoke a special exception as per chapter 13.09 of this title. (Ord. 2012-15, 9-20-2012; Ord. 2021-18, 8-5-2021)