ARTICLE VI. - SPECIAL EXCEPTIONS

17.08.610 - Purpose and Intent.#

A.

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 Chapter 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.

B.

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.

C.

It is the intent of the allowances for special exceptions to foster fairness and flexibility in the regulations while yet maintaining the integrity of the purposes and intentions of the City's General and Master Plan and the zoning and other regulations of the City.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

17.08.620 - Review.#

A.

Except for those specifically allowed to be reviewed by the Community Development Department, the Planning Commission shall review Applications for special exceptions as allowed in this Chapter. Only those Signs specifically enumerated in this Chapter as eligible shall be considered for a special exception.

B.

Appeals of determinations of the City regarding special exceptions shall be reviewed by the.

C.

Special exceptions shall be limited to a time period as determined by the City. However, unless specifically approved otherwise by the City, actions in accordance with such approvals must be completed within six months of the date of approval. Failure to complete all actions approved, according to the conditions of approval, within the required time shall result in loss of the approval and subject the Applicant/Owner to the enforcement provisions of this Section. Applicants/Owners may request one and only one extension by filing such request with the Community Development Department prior to the expiration date. The Community Development Department shall review the reasons for the request and may grant, for any term not to exceed six months, or deny the requested extension.

D.

Special exceptions reviewed by the Planning Commission shall be reviewed following the requirements for a Conditional Use.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

17.08.630 - Conditions on Special Exceptions.#

A.

The City 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.

B.

Conditions may include, but are not limited to, conditions concerning Use, construction, size and height, lighting, location, Landscaping, Screening and other matters relating to the purposes and objectives of this Chapter.

C.

Conditions shall be expressly set forth in the granting of the special exception.

D.

Compliance with Standards. The proposed exception shall comply with all additional standards imposed.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

17.08.640 - Violation of Conditions.#

Violation of any condition or limitation imposed shall be a violation of this Chapter and shall constitute grounds for revocation of the special exception.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

17.08.650 - Applications.#

An Application may be made by the Owner of the subject property or the Owner's authorized agent to the Community Development Department and must include such information as the Community Development Department determines is needed to adequately review the request.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

17.08.660 - Decisions.#

A.

The City may approve the special exception, approve the special exception subject to specific conditions or deny the special exception. In making its determination, the City shall consider the items found herein and others as deemed appropriate for the request.

B.

Appropriateness. No Application for a special exception shall be approved unless it is determined that the proposed special exception is appropriate in the location proposed based upon its consideration of the standards of this Chapter, other appropriate regulations and standards, the specific conditions for certain special exceptions and the ramifications related to the City's General and Master Plans.

C.

Compliance with Ordinance and District Purposes. The proposed exception shall be in harmony with the general and specific purposes for which this Chapter was enacted and for which the regulations of the district were established.

D.

No Substantial Impairment of Property Value. The proposed exception shall not substantially diminish or impair the value of the property within the neighborhood in which it is located.

E.

No Undue Adverse Impact. The proposed exception shall not have a material adverse effect upon the character of the area or the public health, safety and general welfare.

F.

Compatible with Surrounding Development. The proposed exception shall 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.

G.

No Destruction of Significant Features. The proposed exception shall not result in the destruction, loss or damage of natural, scenic or historic features of significant importance.

H.

No Material Pollution of Environment. The proposed exception shall not cause material air, water, soil or noise pollution or other types of pollution.

I.

Compliance with Design Review. The proposed exception shall be in compliance with the purpose, intentions and standards of the design review elements of the City.

J.

Unusual Circumstances. In reviewing exceptions for unusual circumstances, the City may consider the following factors and others as the circumstances warrant:

1.

Lot or Building size in relationship to others in the area;

2.

The potential impact of the style and size of the Sign;

3.

The special features of the location in relationship to the general area in which located;

4.

The long-term effect on the purposes and intentions of the regulations and General and Master Plans of the City.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)