Description A special exception is a land use that is not automatically allowed in a particular zoning district, but may be allowed by the City following a case-by-case review and determination. The zoning regulations identify those land uses that are classified as a special exception in each of the zoning districts. A particular land use may be allowed by right in one district, classified as a special exception in another, and prohibited in the remaining districts.
 
The property owner or developer initiates the review process by submitting an application that describes the proposed location and the size and scope of the proposed use and basic operating characteristics. Because a special exception is not automatically allowed in a district, the public is notified of the pending application so they are aware of the proposal and invited to attend the public hearing to learn more about the proposed project and offer their comments.  
 
By designating a particular land use as a special exception in a given zoning district, a property owner has the potential for more development options while balancing that with the interests of the community, ensuring that new development does not adversely affect the surrounding area.

Decisionmaker The Board of Zoning Appeals makes the final decision.

Appeals The Board's decision can be appealed to the circuit court within 30 days of the date of the final decision.

Expiration of approval A special exception approval automatically expires 12 months after the date of the decision unless substantial work, as authorized by the approval, has commenced and continues in good faith to completion. (verify)

Amendments An approved special exception may be amended upon petition of the property owner.

Approval Criteria. A special exception permit application may be approved only if the Board of Zoning Appeals finds that all of the following criteria have been met: 
1. The proposed use is consistent with the comprehensive plan and all applicable provisions of the MZDO and applicable state and federal regulations; 
2. The proposed use is consistent with the purpose and intent of the zoning district in which it is located; 
3. The proposed use is consistent with any applicable use-specific standards set forth in the MZDO; 
4. The proposed use is compatible with adjacent uses in terms of scale, site design, operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts);
5. Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent practicable; and
6. The proposed use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities.