Section 45-57-260.12 Special Exceptions.

(a) The planning commission, in appropriate cases and subject to appropriate conditions and safeguards, may make special exceptions to the terms of the zoning regulations in harmony with its general purposes and interests and in accordance with general or specific rules adopted by the planning commission. Any person wishing to appeal from an existing zoning regulation may file a written petition stating the basis for the appeal. The planning commission shall fix a date for a hearing, giving such notice as it may deem appropriate, and at the hearing the planning commission may do any of the following: (1) Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the planning commission or official in the enforcement of this or of any regulation adopted pursuant thereto. (2) Hear and decide on requests for special exceptions to the term or provisions of the regulations upon which the planning commission is required to pass. (3) Authorize upon appeal in special cases such variance from the yard, open space, land use, bulk, and height requirements of the regulations as will not be contrary to the public interest, where, owing to special conditions of the building site or land, a literal enforcement of the provisions of the regulation will result in unnecessary hardship, all in order that the spirit of the regulations shall be observed and substantial justice is done. (b) Variances may be granted for any condition other than the cost.