Chapter 11.11 - Special Exceptions


City Code :: Elwood Town Subdivision Ordinance :: Chapter 11.11 - Special Exceptions

Chapter 11.11

Special Exceptions

11.11.010 Intent and Purpose:

 

This Chapter is provided to allow the opportunity for a Applicant(s) to present for review and decision an Application for a modification to the Public Works Standards, if the Applicant(s) believes that special circumstances exist that merit such modification (hereinafter “Special Exception”). It is the intent of this Ordinance that a decision related to a Special Exception Application be a discretionary action by the Council, acting as the Land Use Authority, A decision by the Council related to a Special Exception Application shall be accompanied by findings of fact, following the receipt of a Commission recommendation, such recommendation also being accompanied by findings of fact.  
 

For the purposes of this Ordinance, the procedures and requirements for the consideration of a Special Exception are provided to promote the full consideration of all items related to the proposed Special Exception. The Commission shall identify and address all items applicable to a Special Exception Application prior to providing a recommendation to the Council. 
 

The Council shall identify and address all items applicable to a Special Exception Application prior to approving, approving with requirements, or denying the Special Exception Application.

11.11.020 Special Exception Application – Council identified as Land Use Authority – Commission Recommendation Required:

 
  1. The Council is hereby identified as the Land Use Authority for a Special Exception Application.
 
  1. Prior to the Council considering a Special Exception Application, the Commission shall transmit a recommendation to the Council. The review procedures for the consideration of a Special Exception Application by the Council herein

.

11.11.030 Allowed Special Exceptions:

 

The following Special Exceptions may be considered and decided by the Council, following the receipt of a Commission recommendation, as required by Section 11.11.010, herein: 
 

  1. Delayed installation of Road and Street Improvements to a time certain other than required by the Public Works Standards.
 
  1. The installation of a “half-street” other than required by the Public Works Standards.

11.11.040 Special Exception Applications – Application Requirements:

 

All Special Exception Applications, filed in the Office of the Town of Elwood, shall provide the following information, necessary for the Town to determine the Application complete, as required by Section 11.11.060, herein: 
 

  1. Application Form. A Special Exception Application Form, completed and signed by the owner(s) of the Subject Property, or authorized agent of the owner(s). If the Application Form is signed by an authorized agent of the owner(s), the Application Form shall be accompanied by an affidavit identifying the agent as being duly authorized to represent the owner(s) in all matters related to the Special Exception Application. All persons with a fee interest in the Subject Property shall be required to join in and sign the Special Exception Application.
 
  1. Special Exception Application Fees. The Special Exception Application shall include the payment of the all Special Exception Application fees and Review Fees, as established by the Council, and any total amount, or deposit amount, required to provide the services of the City Engineer, as provided and required by Section 11.11.050 herein.
 
  1. Preliminary Subdivision Plat Materials. A Special Exception Application shall provide one (1) copy of all materials required for a complete Preliminary Subdivision Application, as required by Section 11.03.040 herein, except item 11.03.040(A) and 11.03.040(B).
 
  1. Special Exception Statement of Justification and Reasons Statement of Reasons. A Special Exception Application shall include a Statement of Justification and Reasons, provided by the Applicant(s), detailing the basis for the proposed Special Exception for the Subject Property and identifying all circumstances and unique situations particular to the Subject Property that provide a basis, and warrant a favorable recommendation by the Commission for such Special Exception, and the approval of the Special Exception Application by the Council.
 

11.11.050 Special Exception Application—Final Subdivision Application—Engineering & Attorney Review Fees:

The Applicant(s) for a Special Exception Application approval shall pay all costs incurred by the City for the provision of Town Engineering and Attorney services, provided by a licensed engineer and attorney selected by the City, and necessary to review the Final Subdivision Application materials for conformity to the requirements of this Ordinance and other applicable Land Use Ordinances and requirements, and accepted civil engineering practice:

11.10.060 Town to Determine a Complete Special Exception Application:

 
  1. Within thirty (30) calendar days of the Special Exception Application being filed in the Office of the Town, and prior to the Special Exception Application being scheduled with the Commission, the Town shall determine and find that the Special Exception Application is complete and contains all the information and material required for a complete Special Exception Application, as required by Section 11.11.040 herein. As provided by the Act, the Town shall determine a Special Exception Application submitted and complete when the Application is provided in a form that complies with all the requirements of Section 11.11.040 herein, and all applicable Special Exception Application fees have been paid. The Town shall notify the Applicant, in writing, of the result of such determination. Following a Determination of a Complete Special Exception Application, the Town shall schedule the Special Exception Application for consideration with the Commission complying with all notice requirements for a public meeting to consider a Special Exception, as required by Chapter 11.08.
 
  1. A Special Exception Application lacking any of the Special Exception Application information and materials, as required by Section 11.11.040 herein, shall be cause for the Town to determine the Special Exception Application, as Incomplete. The requirements of Section 11.11.070 shall apply to all Special Exception Applications determined to be Incomplete.

11.11.070 Determination of an Incomplete Special Exception Application:

 
  1. A determination of an Incomplete Special Exception Application by the Town shall prohibit the Town from scheduling the Special Exception Application with the Commission and Council and shall prohibit the Commission or Council from considering any information or material related to the proposed Special Exception.
 
  1. Following a determination of an Incomplete Special Exception Application by the Town, the Town shall notify the Applicant, in writing, of the information lacking from the Special Exception Application. The Town shall allow a minimum of thirty (30) calendar days, from the date of notification of an Incomplete Special Exception Application, for the Applicant to provide the required information. If the Special Exception Application remains incomplete after a minimum of thirty (30) calendar days from date of notification, the Town shall return the entire Incomplete Special Exception Application to the Applicant(s), including any Special Exception Application Review fees paid.

11.10.080 Appeal of a Determination of Application Completeness Decision by the Town:

 

Any person aggrieved by a decision of the Town related to a Determination of Application Completeness may appeal the decision to the Commission, the Commission acting as the Appeal Authority for Determinations of Application Completeness decisions.

11.10.090 Special Exception Application Review Procedures:

 
  1. As provided by Section 11.11.020 the Council is the Land Use Authority for Special Exception Applications.
 
  1. The review and approval procedures for a Special Exception Application may be conducted concurrently with those required for a Preliminary Subdivision Application, as identified by Section 11.03.090 herein.

11.11.100 Special Exception Application – Approval Standards – Reasonable Approval Requirements Authorized:

 
  1. The Council shall not approve, and the Commission shall not recommend approval of a Special Exception Application, unless the evidence presented by the Applicant(s) clearly establishes the proposed Special Exception:
 
    1. Is an allowed Special Exception, as identified by Section 25.10.03 herein; and
    2. Will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and
    3. Will not create any nuisance; and
    4. Sufficient evidence has been provided by the Applicant(s) to establish that circumstances exist on the Subject Property that provides a clear and reasonable basis for the approval of the Special Exception Application.
 
  1. Reasonable Requirements. The Council may require, and the Commission may recommend, reasonable requirements determined necessary to insure the Special Exception will not be detrimental to the health, safety, or welfare of the Town residents, and will not create a nuisance. For a Special Exception Application requesting Delayed Installation of Road and Street Improvements to a time certain other than required by the Public Works Standards the Council shall require such Road and Street Improvements be installed at a time certain, and require necessary guarantees sufficient to guarantee the installation of the required Road and Street Improvements, as required by the Council with the approval of the Special Exception Application.

11.11.110 Effect of Approval, with or without requirements, of a Special Exception Application and Effective Period:

 

The approval of a Special Exception Application, with or without requirements, by the Council shall not constitute a final approval of any subdivision or any other Land Use Application by the Town. A Special Exception Application approval shall not authorize the division or development of the Subject Property, but allows the Applicant(s) to proceed with the preparation of the Final Subdivision Application for the Subject Property. 
 

As provided by the Act, the continuing validity of a Special Exception Application is conditioned upon the Applicant(s) proceeding after approval to implement the approval with reasonable diligence. For the purposes of this Ordinance and this Section, the approval of a Special Exception Application shall be effective for a period of one (1) year from the date of approval by the Council, at the end of which time the Applicant(s) shall have submitted a Final Subdivision Application to the Town. If a Final Subdivision Application is not received in the Town within one (1) year, the Special Exception Application approval for the Subject Property shall be rendered void and invalid. 

11.11.120 Site Preparation Work Prohibited:

 

No excavation, and no grading or regrading, shall take place on any Subject Property, and no building permits shall be issued by the Town, until a Final Subdivision Application has been approved and the Final Subdivision Plat has been recorded in the Office of the Box Elder County Recorder.

11.11.130 Appeal of Special Exception Application Decisions:

 

Any person aggrieved by a decision of the Council related to a Special Exception Application may appeal the decision to District Court, the Court acting as the Appeal Authority for Special Exception Application decisions by the Council.