§ 21.26.030. Procedures for special exceptions.

A.

Application Procedures. All applications for special exceptions shall be filed with the Planning and Zoning Director in accordance with the requirements of Section 21.10.010 Common Procedures for Review of Applications.

B.

Review Procedures for Special Exception Applications. In the review and decision of special exception applications, the following procedures shall apply:

1.

Staff Review. The Planning and Zoning Director, after having determined that the submission is complete pursuant to Section 21.10.010, may distribute copies of the application to appropriate City departments for review.

2.

Staff Report. Following review of any special exception application, the Planning and Zoning Director and any other City department reviewing the application will prepare a staff report on the application and transmit the staff report to the Board of Appeals prior to the required Board of Appeals public hearing on the application.

3.

Public Hearing. The Board of Appeals shall hold a public hearing on each application. The hearing shall be conducted, and a record of the proceedings shall be preserved, in the manner the Board of Appeals, by rule, prescribes from time to time. Notice of the public hearing must be given by the applicant in accordance with the notice requirements set forth in Sections 21.10.020(B) and 21.10.020(C). At the hearing, a report from the Planning and Zoning Director shall be placed in evidence.

4.

Action on Application. Within thirty days of the conclusion of the public hearing, the Board of Appeals shall decide to: (1) approve the application; (2) approve the application subject to specific conditions; or (3) deny the application.

5.

Conditions of Approval. The Board of Appeals may stipulate, conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special exception as are deemed necessary for the protection of the public interest and to secure compliance with the requirements specified in Section 21.26.050. However, the Board of Appeals may not impose any condition, or enforce any condition previously imposed, which restricts the applicability or approval of a special exception to a particular applicant, owner or operator.

6.

Notice of Decision. The Planning and Zoning Director shall give notice of the decision in accordance with the requirements set forth in Section 21.10.020(E).

(Ord. O-1-04 Revised (part), 2005)

(Ord. No. O-31-14 Amended, § I, 2-9-2015; Ord. No. O-31-11 Amended, § I, 2-13-2012)