§ 118-100. Action on special exception use permit application.
Latest version.
Upon receipt of the special exception use permit application as provided in section 118-99, the director of planning shall fix a reasonable time for the planning and zoning
board hearing of the application, giving public notice thereof, as well as due notice
to the parties in interest. Any party may appear in person or by agent or by attorney
at the hearing. The planning and zoning board, after receiving a written recommendation
from the city manager and after holding a hearing, shall approve, disapprove, or approve
subject to modifications or conditions the special exception use permit application
and accompanying preliminary plat. If the planning and zoning board approves the application,
it may attach any necessary conditions such as time limitations, requirements that
one or more things be done before the request can be initiated, or conditions of a
continuing nature to ensure that there shall be no departure from the intent of this
chapter. The planning and zoning board shall especially consider the effect of the
special exception use on surrounding uses in determining whether a special exception
use shall be approved, modified or disapproved. If the special exception use permit
and accompanying preliminary plat is approved, the planning and zoning board shall
express its approval as conditional approval and shall state the conditions of such
approval, if any, or, if disapproved, shall express its disapproval and its reasons
therefor. If an application is disapproved, reasons for such disapproval shall be
stated in writing on the records of the planning and zoning board, and a statement
in writing of such grounds of disapproval shall be furnished to the applicant or his
agent. If approved subject to modifications or conditions, the nature of the required
modifications or conditions shall also be indicated in writing on the records of the
planning and zoning board and furnished to the applicant or his agent.
(Code 1988, § 24-191; Ord. No. 97-01, § I, 3-13-97)
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