Special Exception

Application Filed

Staff Review

Hearing Scheduled

Hearing Held

Withdrawn

Written Decision Pending

Special Exception Granted

Granted with Conditions

Special Exception Denied

Reconsideration

Appealed to Circuit Court

graph TD
    application_filed(["Application Filed"])
    staff_review["Staff Review"]
    hearing_scheduled["Hearing Scheduled"]
    hearing_held["Hearing Held"]
    withdrawn["Withdrawn"]
    decision_pending["Written Decision Pending"]
    approved["Special Exception Granted"]
    approved_with_conditions["Granted with Conditions"]
    denied["Special Exception Denied"]
    reconsideration["Reconsideration"]
    appealed_circuit_court["Appealed to Circuit Court"]
    application_filed -->|"Application Accepted"| staff_review
    application_filed -->|"Returned - Incomplete"| application_filed
    staff_review -->|"Hearing Date Set"| hearing_scheduled
    hearing_scheduled -->|"Hearing Conducted"| hearing_held
    hearing_scheduled -->|"Postponed"| hearing_scheduled
    hearing_scheduled -->|"Withdrawn After Scheduling"| withdrawn
    hearing_held -->|"Continued"| hearing_held
    hearing_held -->|"Record Closed"| decision_pending
    hearing_held -->|"Withdrawn at Hearing"| withdrawn
    decision_pending -->|"Special Exception Granted"| approved
    decision_pending -->|"Granted with Conditions"| approved_with_conditions
    decision_pending -->|"Denied"| denied
    approved -->|"Motion to Reconsider"| reconsideration
    denied -->|"Motion to Reconsider"| reconsideration
    reconsideration -->|"Reconsidered - Granted"| approved
    reconsideration -->|"Reconsidered - Denied"| denied
    approved -->|"Appealed to Circuit Court"| appealed_circuit_court
    approved_with_conditions -->|"Appealed to Circuit Court"| appealed_circuit_court
    denied -->|"Appealed to Circuit Court"| appealed_circuit_court

Transitions (19)

application_filed → Application Accepted → staff_review
application_filed → Returned - Incomplete → application_filed
staff_review → Hearing Date Set → hearing_scheduled
hearing_scheduled → Hearing Conducted → hearing_held
hearing_scheduled → Postponed → hearing_scheduled
hearing_scheduled → Withdrawn After Scheduling → withdrawn
hearing_held → Continued → hearing_held
hearing_held → Record Closed → decision_pending
hearing_held → Withdrawn at Hearing → withdrawn
decision_pending → Special Exception Granted → approved
decision_pending → Granted with Conditions → approved_with_conditions
decision_pending → Denied → denied
approved → Motion to Reconsider → reconsideration
denied → Motion to Reconsider → reconsideration
reconsideration → Reconsidered - Granted → approved
reconsideration → Reconsidered - Denied → denied
approved → Appealed to Circuit Court → appealed_circuit_court
approved_with_conditions → Appealed to Circuit Court → appealed_circuit_court
denied → Appealed to Circuit Court → appealed_circuit_court

Notice Requirements

Requirement	Details
Newspaper	2 consecutive issues, first at least 15 days prior to hearing
Certified Mail	Applicant and contiguous property owners
Property Posting	22x28 inch sign, at least 14 days before hearing
Expert Reports Applicant	At filing unless Board grants extension
Expert Reports All Parties	Due no later than 20 days before hearing

Application Requirements

Requirement	Details
Fee	Required at filing
Forms	Town-provided forms filed with Zoning Administrator
Expert Reports	Due at filing unless Board grants extension
Legal Standard	Compliance with specific standards for the use set out in Chapter 180-109. Applicant bears burden of proof.
Code References	180-105(A)(2), 180-108, 180-109
Owner Signature	Required if applicant is not the property owner
Bar On Withdrawal	1 year from date of withdrawal if hearing was set, advertised and posted
Bar On Disapproval	2 years from date of disapproval for substantially similar proposal on same premises