Zoning Code | Procedures | Special Exception

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Special Exception
Description: Upon written petition, the Common Council may, on a case-by-case basis, grant a special exception for those development standards specifically noted as special exceptions in this chapter.

Initiation: The owner of the subject property may submit an application for a special exception.

Decision-maker(s): Plan Commission; Common Council makes the final decision if denied by Plan Commission

Application fee: None

Submittal deadline: 2 weeks before Plan Commission meeting

Basis of decision: 
  1. The size of the property in comparison to other properties in the area;
  2. The extent to which the issuance of the special exception permit would be in keeping with the overall intent of the this chapter;
  3. Whether there are any unique circumstances and the nature of those circumstances that warrant the issuance of the special exception permit;
  4. The nature and extent of anticipated impacts to the natural environment that could potentially occur if the special exception permit was granted;
  5. The nature and extent of anticipated positive and negative effects on properties in the area;
  6. Actions the applicant will undertake to mitigate the negative effects, if any, of the proposed special exception;
  7. A factor specifically listed under a section of this chapter authorizing the issuance of a special exception permit; and
  8. Any other factor that relates to the purposes of this chapter as set forth in s. 1-5 or as allowed by state law.

Procedure:
  1. Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Common Council.
  2. Staff review. Within 30 days of submittal, the zoning administrator shall either place the matter on the agenda for the meeting at which the matter will be considered allowing for proper public notice or make a determination that the application is incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has 3 months to resubmit the application or forfeit the application fee. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
  3. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and the applicant prior to the meeting at which the matter will be considered. The zoning administrator shall also provide a copy to interested people upon request.
  4. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Plan Commission.
  5. Meeting. Allowing for proper notice, the Plan Commission shall consider the application at a regular or special meeting.
  6. Plan Commission decision. The Plan Commission shall make a final decision based on the decision criteria in this division to(i) approve the special exception, (ii) approve the special exception with conditions, or (iii) deny the special exception. The Plan Commission may render its decision at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 40 calendar days after the public meeting unless the applicant agrees to an extension of a specified duration.
  7. Transmittal of decision. If the Plan Commission decision is favorable, the zoning administrator shall prepare a decision document effectuating its determination. If the Plan Commission decision is not favorable, the Plan Commission shall report its determination to the Common Council including its reasons for denial.
  8. General notice. Consistent with Division 2 of Article 6, if the Plan Commission denies a special exception request, the zoning administrator shall place the matter on the meeting agenda of the Common Council.
  9. Common Council meeting. Allowing for proper notice, for any special exception application denied by the Plan Commission, the Common Council shall consider the application at a regular or special meeting.
  10. Decision. After considering all of the information submitted by the applicant, the staff report, and the Plan Commission’s recommendation, the Common Council shall make a decision based on the decision criteria contained in this division to (i) approve the special exception, (ii) approve the special exception with conditions, or (iii) deny the special exception.
  11. Preparation of final decision document. Based on the final action of the Plan Commission or Common Council, the zoning administrator shall prepare a final decision document consistent with this division.
  12. Applicant notification. Within a reasonable time following the Plan Commission or Common Council’s final decision, the zoning administrator shall mail the decision document to the applicant by regular mail.
  13. Acceptance by property owner. If the application is approved, the property owner shall sign the decision notice to acknowledge the terms of the approval and return the same to the zoning administrator within 6 months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the City Clerk requesting an extension and the Common Council may, with cause, extend the period within which the decision notice must be signed. If the signed decision notice is not returned within the initial or extended time period, if any, the decision shall become null and void without any further action by the City. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.
  14. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.
Application Materials
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