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Commission recommends limiting who may file to terminate special exceptions in UZO
Summary
The committee recommended an amendment to the Unified Zoning Ordinance that would restrict the ability to file for termination of a special exception to Administrative Officers; the amendment will go to the full APC with a positive recommendation.
The Area Plan Commission Executive Committee on Feb. 5 recommended forwarding to the full Area Plan Commission a change to the Unified Zoning Ordinance (UZO) that would remove the ability of an "interested person" or staff member to file an application to terminate a special exception and leave that authority with Administrative Officers, staff said.
Why it matters: Special exceptions are approvals, often granted by the Board of Zoning Appeals, that permit narrowly defined uses on a property under specified conditions. Changing who may initiate a termination narrows the potential triggers for removing an approved special exception and centralizes the starting point for that process with an administrative officer.
What the committee discussed: Planning staff explained that UZO chapter 6-44-j currently allows an interested person, a staff member, or an administrative officer to file an application to terminate a special exception. Staff and several committee members said the change is intended to ensure that termination requests follow the zoning-violation and enforcement pathway and to avoid allowing an unspecified "interested person" to initiate termination without prior enforcement steps.
Steve Clevenger, president of the Board of Zoning Appeals, told the committee this was largely a clarification of process and that, historically, the BZA has not initiated termination of special exceptions. He said the proposed revision will narrow filings to Administrative Officers and that the BZA will define a process in its bylaws to handle any such termination petitions should they arise.
The committee voted to forward the amendment to the full APC with a positive recommendation.
Ending: The amendment will be placed on the APC agenda for public hearing on Feb. 19, 2025. Staff noted that Administrative Officers in West Lafayette, Lafayette and Tippecanoe County are aware of and support the change.
