ABSTRACT
The comprehensive plan, once adopted, will strengthen the application of the special exception provision. The same special use clause is repeated in the R-2 district regulations, which permit multifamily uses, and in the B-1 district, which permits retail and commercial uses. The developer appeals to the city council and is denied a right to another hearing based on the planning commission decision and her refusal to request a zoning amendment to R-2. Of course, if only a small portion of Suburban Smallville's land area was zoned R-2 and special exceptions were rarely granted; an exclusionary zoning claim would be more credible. Smallville, a home rule municipality, is expecting significant growth due to the construction of a new rapid transit system to the metropolitan center some 30 miles distant. The community has a population of 38,000 and has the following characteristics: a major state university with all the related stimulating activities and diversions.
