A. Purpose: Where the county council finds that an applicant has a unique circumstance or equitable claim which makes strict enforcement of the provisions of this title unduly burdensome, it may, after a public hearing, approve special exceptions to the zoning provisions of this title so that substantial justice may be done and the public interest secured; provided that the special exception does not have the effect of nullifying the intent and purpose of this title or any provision thereof. (Ord. 730, 12-2-2009)
B. Criteria For Approval: The county council shall not approve a special exception unless the applicant demonstrates that:
1. The special exception is not detrimental to the public health, safety and welfare;
2. The intent of the development code and general plan will be met; (Ord. 723, 7-22-2009)
3. The applicant does not reasonably qualify for any other equitable processes provided through the provisions of this title; and (Ord. 730, 12-2-2009)
4. There are equitable claims or unique circumstances warranting the special exception.
C. Submission Requirements: An application for a special exception shall not be accepted as complete unless such application contains sufficient information in graphic and text form to adequately describe the applicant's objective and all applicable fees are paid. (Ord. 723, 7-22-2009)
D. Review Procedure:
1. If applicable, the CDD or designated planning staff member may obtain input regarding the proposed special exception from all affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report and make findings and recommendations and shall schedule a public hearing before the county council as soon thereafter as may be practicable.
2. The county council shall review the application and staff report. After conducting a public hearing, the county council shall approve, approve with conditions, or deny the special exception request. (Ord. 730, 12-2-2009)
E. No Right Of Appeal: A special exception is a request for discretionary legislative action and thus is not subject to appeal. (Ord. 723, 7-22-2009; amd. Ord. 929, 8-18-2021)