8.8.F Special Exceptions | Sedona Land Development Code

F. Special Exceptions

Special exceptions from the provisions of this Code may be approved by the City Council if it can be shown that the application of these regulations to any lot or parcel on which development would have been permitted prior to the effective date of the ordinance codified in this Code would prevent all economically beneficial use of the lot or parcel.

This section shall only apply after an applicant has exhausted all possibilities for the development of a lot or parcel as provided for in this Code. The City Council may also consider applications for special exceptions initiated by the City staff on any lot or parcel within the City limits.

a. In the case of properties zoned CO, CF, RM-1, RM-2, RM-3, M1, M2, M3, or PD, the applicant shall submit, for City Council consideration, sufficient data to show that no economically beneficial use of the lot or parcel is possible.

b. In the case of a single-family residential zoned lot or parcel, the applicant shall submit, for City Council consideration, sufficient data to show that the Code would not permit the construction of at least one single-family dwelling.

Any such lot or parcel may be developed pursuant to the grant of a special exception; provided, that such development otherwise conforms to the provisions of this Code as closely as reasonably possible.

Figure 8-18 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of special exception applications. Additions or modifications to the common review procedures are noted below.

The special exception application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling. In addition to other submittal requirements, as set forth in this Code, applications for special exceptions shall include the following:

1. Documentation of existing development approvals for the lot or parcel that were granted prior to the effective date of the ordinance codified in this Code;

2. Documentation of development applications for the lot or parcel that were denied after the effective date of the ordinance codified in this Code;

3. A development plan showing the approved land uses and the areas that will be affected by the proposed special exception on the lot or parcel; and

4. A report describing the proposed exceptions from the applicable provisions of this Code and the rationale for the special exception.

The Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.

The special exception application shall be scheduled for a public hearing before the City Council and noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

The City Council shall review the special exception application and shall approve, approve with conditions, or deny the application in accordance with Section 8.3.G, Review and Decision, based on the approval criteria in Section 8.8.E(4).

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modification:

If a special exception is granted pursuant to this section, the Director shall keep a permanent record on file at the Department that such a special exception was granted, and the special exception shall be referenced on the building permit issued for the proposed development.

In the review of requests for special exceptions, the City Council shall consider the following:

a. The degree to which the application of this Code to a particular lot or parcel advances a legitimate governmental interest; and

b. Whether or not application of this Code would prevent all economically beneficial use of the lot or parcel.