Zoning Code | Permit Center | Special Exception

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Special Exception
Description: A special exception is granted on a case-by-case basis to allow the property to deviate from a generally applicable development standard. Special exceptions can only be granted in those instances where it is specifically mentioned as a possibility.

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

Decision-maker(s): The Planning Commission makes the final decision. If that decision is appealed, the Common Council makes the final decision.

Application fee: $75

Application deadline: The filing deadline is three weeks prior to the meeting in which you wish to appear. Please consult the annual Planning Commission schedule for specific dates.

Review 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 calendar 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 Planning 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 4, the zoning administrator shall place the matter on the meeting agenda of the Planning Commission.
  5. Meeting. Allowing for proper notice, the Planning Commission shall consider the application at a regular or special meeting.
  6. Decision. After considering all of the information submitted by the applicant and the staff report, the Planning Commission 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.
  7. Preparation of final decision document. Based on the action of the Planning Commission, the zoning administrator shall prepare a final decision document consistent with this division.
  8. Applicant notification. Within a reasonable time following the Planning Commission’s decision, the zoning administrator shall mail the decision document to the applicant by regular mail.
  9. Acceptance by property owner. If the application is approved, the property owner shall sign the decision document 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 zoning administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document 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 document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.
  10. Public record copy. A duplicate copy of the decision document shall be retained as a public record.
Upcoming Meetings
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Application Materials
document icon Special Exception Application