[Amended 2-16-2010 by Res. No. 2-10; 8-21-2012 by Res. No. 29-12]
Minimum property line setbacks and minimum road setbacks may be reduced by special exception. Reduced shoreline setbacks shall not be considered under this section. Section 520-44 of Chapter 520, Shoreland Zoning, shall apply to variances from dimensional standards set forth by Chapter 520. This shall be applicable in all zoning districts.
A.
Procedure.
(1)
Upon receipt of an application and a nonrefundable fee for a special exception application, the Zoning Department shall give written notice thereof to all adjoining landowners and the town clerk of the town in which the property is located and shall request the town board's recommendation with respect to the application.
(2)
A public hearing on the application shall be scheduled and noticed as a Class 2 notice according to state statutes and Article XX of this chapter.
(3)
The Land Use and UW Extension Committee shall act upon the application after receiving objections and town board recommendations. The Land Use and UW Extension Committee may request additional information from the applicant to make a decision. The Land Use and UW Extension Committee shall refer to § 530-67 of this chapter as a basis of approval.
(4)
If a special exception is granted, the Price County Zoning Department shall record with the Price County Register of Deeds the approved application. The applicant shall pay the recording fee. The special exception shall benefit all current and future owners of such property unless the permit terminates under Subsection B of this section.
B.
Termination. A special exception granted shall automatically terminate 12 months from its date of issuance if the authorized building activity has not begun within such time.
C.
Reconsideration.
(1)
Resubmission. No appeal or application which has been dismissed or denied shall again be considered unless the applicant can show a material change in circumstances.
(2)
Rehearing. No rehearing shall be held except upon the affirmative vote of a majority of members of the Land Use and UW Extension Committee upon finding that substantial material new evidence is submitted which could not reasonably have been presented at the previous hearing. Requests for rehearing shall be in writing and shall state the reasons for the request and be accompanied by necessary data and diagrams. Rehearings shall be subject to the same notice requirements as original hearings.[1]