Chapter 18.98
SPECIAL ZONING EXCEPTIONS

Sections:

18.98.010  Application – Generally.

18.98.010 Application – Generally.

Whenever an application is made for the change, rezoning, amendment or establishment of any district or part of a district in the City, the City Council, in lieu of granting or denying said application, may grant to the applicant a special zoning exception which will permit said applicant or his/her assignee to develop or use said property in accordance with said application. Such development and use shall be substantially in accordance with plans accompanying said application or filed subsequently in support thereof, and approved by the City Council. In the event of such use and development within the time fixed by the City Council in granting said exception, or within one year from the date of the granting of the exception where another time is not fixed by Council in granting said exception, or within any extension of said period, said district or part thereof for which said exception was granted shall be thereupon rezoned, altered, amended and established in accordance with the original application, or as set forth in the order of the City Council made at the time said zoning exception was granted. In the event of the failure of such use and development within said period or extension thereof, then at the expiration thereof, said application shall be deemed to have been denied as of the date of the granting of said exception. The City Council, upon good cause, may extend said period for an additional period, as fixed by the City Council. The additional period shall be one year unless otherwise expressly provided by the City Council. The City Council may also, in granting said exception, specify a period less than one year in which said use and development must be completed; and in the event that the City Council specifies a lesser period than one year and said use and development is completed within said period, then the granting of said application will be deemed to have been made at the end of said lesser period. In the event that a denial of an application is made by failure to develop said district or part thereof, then such denial shall be deemed to have been made as of the date of the granting of said exception. (Zoning Ord. § 49-1).