§ 11.07 Special Exceptions Application Procedures

A. The Board of Adjustment will hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this section, including the following:

1. To decide such questions as are involved in determining whether special exceptions should be granted; and

2. To grant special exceptions with such conditions and safeguards as are appropriate under this Ordinance, or

3. To deny special exceptions when not in harmony with the purpose and intent of this Ordinance.

B. A special exception may not be granted by the Board of Adjustment unless and until the conditions are met as shown below:

1. There will be no more than 30 days between the time an application is filed with the P&Z and the date set for its consideration by the Board of Adjustments. A written application for a special exception is submitted to the City Clerk indicating the section of this Ordinance under which the special exception is sought and stating the grounds on which it is requested. The City Clerk must distribute the written application to the Planning and Zoning Commission and to the City Council and the City Attorney. Hearing may not be held until after the Council has held a meeting where the application can be reviewed and comments made. In any event, hearing may not be held less than 31 days from date application has been received by the P&Z for review and recommendation unless otherwise mutually agreed between the applicant and the City. The City must take action on the application no later than 31 days following the public hearing.

2. Notice of Public Hearing must be given at least seven days in advance but not more than 20 days before of the public hearing in the manner required for a public hearing by the Iowa Code for cities the size of Tiffin. Notice must also be mailed to all property owners within a distance of 200 feet of the affected property both within and outside the boundaries of the City. The applicant is responsible for providing an accurate list of property owners and mail addresses for each owner of record.

3. The public hearing must be held. Any party may appear in person, or by agent or attorney.

4. The Board of Adjustment must make a written Finding as to the application. If the Finding grants the special exception, the Finding must state that the grant of the special exception will not adversely affect the public interest. Further, in granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of the conditions and safeguards, when made a part of the terms under which the special exception is granted, are deemed a violation of this Ordinance and punishable under Section 13 Administration and Enforcement and Violations and Penalties of this Ordinance. The Board of Adjustment must prescribe a time limit within which the action for which the special exception is required must start or completed, or both. Failure to take action to start or complete within the time limit set voids the special exception permit.