Agenda - Planning Commission - 02/07/1995

Home

Page Seven THE ZONING REPORT same meaning as a !waiver or a recognized vested right, depending on the basis upon which the special exc~,ption is granted. A spe- cial exception authorizes a person to use or develop land in a manlier not otherwise permit- ted by this Land Dervelopment Code, either because the proposed use or development has been approved as an authorized waiver to a specific requirement 65 this Land Development 'Code or because a~gerson has established ~a vested right recognized by the City to use or develop property, either pursuant to the proce- dures of this [chapter] or by final order of a court of competent jurisdiction. [Vested right standards for special exception]: "... the person claimi.~g the vested right: "(1) reasonably relied ~n the status quo exist- ing immediately prior!to becoming subject to the jurisdiction of the ICity; and "(2) has made a substantial and irrevocable commitment of resour~_es uniquely suited to a proposed plan of devel+pment and which cannot 'be substantially recovered except by develop- ing the property subst~ntially~ as proposed; and "(3) has made a reasdnable effort, under the. circumstances and ccnsidering the stage of development of the plioperty, to accommodate the public interest in [nforcement of all appli- cable provisions of ~he Land Development Code; and ~ "(4) the proposed use or development, if com- pleted in accordance q~ith an approved special exception, will not enc~anger the public health, safety, or general welfare. "Approval of a speciial exception pursuant to [these standards] maype conditioned upon com- pliance with reasonable conditions, including Without limitation a r~quirement that building permits and certificates of occupancy be ob- tained for buildings no( substantially completed · . ." [Austin TX development code] [Special exception for ~ealth hardship]: "... Approval of thelhealth hardship permits the placement of a mo~tle home or recreational vehicle subject to the ~ollowi'~g conditions: ~'(1) That the applicant!demonstrates that such a use would provide f~r a need to care for a seriously ill person in a manner that could not be achieved by any reasonable existing alterna- tive; "(2) That the applicant has a medical doctor's written confirmation of a health hardship; and "(3) That the approval be for a length of time not to exceed 24 months, or, for the duration of the health .hardship, whichever is less. The Planning Director may extend an approval for additional 24 month periods if a written re- quest for renewal is submitted by the applicant before expiration, and written reconfirmation of the health hardship is provided by a medical doctor." [Tillamook Co, Tillamook OR] [Special exceptions. The BZA may, after public notice and hearing and subject to the condi- tions and safeguards set forth in [this code], authorize special exceptions as follows: "(a) [Temporary use of land]: Grant in relatively undeveloped sections of the City, temporary and conditional permits for not more than a two year period for any use of land, excluding structures. "(b) [Business off-site parking in adjacent R- zone area]: Permit the use of property for parking of passenger cars under the following conditions: in the Residential Districts adjacent to the R-3, R-4, O, C, or M Districts, even if separated therefrom by an alley or by a street~ provided,, however, such parking areas shall not be separated from the property it serves by a street classified as a freeway, expressway or arterial on the Major Thoroughfare Plan of. the City .... [according to several site standards for off-site parking, limited to within 500 ft from the nearest point of the building it is in- tended to serve]." [Springfield MO] Standards for conditional uses "The purpose of the conditional use procedure ... is to provide for review and discretionary approval of uses typically having unusual site January 20, 1995 Issue