Auburn City Zoning Code
SPECIAL EXCEPTION
USES
§ 152.160 PURPOSE.
The City Council may authorize by special permit after public hearing, any of the following buildings or uses designated in this chapter as special exception uses. Any conditional use permit may be authorized by the City Council in the same manner as special exception uses.
(Prior Code, § 11-701)
§ 152.161 PROCEDURE.
(A) The applicant for a special exception use permit shall submit at least four copies of a site plan for the proposed use. The site plan shall show the location of all existing and proposed buildings, landscaping, parking areas and individual spaces, points of egress and ingress, fencing, lot dimensions, adjoining streets and structures, and all water courses and flood designated areas. Upon receipt of the application, the Zoning Administrator shall forward the application to the Planning Commission for its recommendation. Upon hearing, the Planning Commission shall forward its recommendation to the City Council, as soon as is practicable. Upon hearing, the City Council may allow or deny the application in whole or in part, or prescribe conditions for the use of the property. No special exception use permit shall become effective until after separate public hearings are held by both the Planning Commission and the City Council in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the purpose, time and place of the hearing shall be given by publication thereof in a paper of general circulation.
(B) In addition to the publication of the notice herein prescribed, a notice of the purpose, time and place of the hearing shall be posted in a conspicuous place on or near the property on which the action is pending. The notice shall be placed at least ten days prior to the date of each hearing. If the record title owners of any lots included in the proposed change be nonresidents of the city, then a written notice of the hearing shall be mailed by certified mail to them addressed to their last known address at least ten days prior to the hearing.
(Prior Code, § 11-702)
Statutory reference:
Related provisions, see Neb. RS 19-904, 19-905
§ 152.162 STANDARDS.
The City Council and the Planning Commission in considering an application for a special exception use may consider, among other things, the most appropriate use of the land; the conservation and stabilization of the value of property; adequate open space for light and air; concentration of population; congestion of public streets; and the promotion of public safety, health, convenience and comfort. The City Council, upon recommendation of the Planning Commission, may stipulate and require the conditions and restrictions upon the special exception use and operation deemed necessary for the protection of the public interest and to secure compliance with this chapter.
(Prior Code, § 11-703)