Chapter 20.64 — EXCEPTIONS

The commission may authorize conditional exceptions to any of the requirements and regulations set forth in this title. Applications for any exception shall be made by the subdivider or his authorized agent on a form prescribed by the commission with a letter stating fully the grounds for the application. The application shall be accompanied by a filing fee in such amount as may be fixed from time to time by order or resolution of the board.

(Prior code § 9-45(a); Ord. NS 1061 § 2, 1981; Ord. CS 179 § 1, 1986)

The commission shall hold a public hearing within forty-five days after filing of the application and give notice as provided in Section 20.12.110 .

(Prior code § 9-45(b); Ord. NS 1061 § 2, 1981; Ord. CS 179 § 1, 1986)

In order for the commission to grant any exception, it shall be necessary to find all the following facts with respect to the particular case:

• A. That there are special circumstances or conditions applying to the property being divided;

• B. That the exception is necessary for the preservation and enjoyment of a substantial property right of the owner;

• C. That the granting of the exception will not be detrimental to the public welfare, injurious to other property in the neighborhood of the subdivision, and that it will not constitute a special privilege not enjoyed by others under similar circumstances;

• D. The granting of the exception will not be in conflict with the purposes and objectives of the general plan or any element thereof or any specific plan.

(Prior code § 9-45(c); Ord. NS 1061 § 2, 1981; Ord. CS 179 § 1, 1986)

Granting the exception shall require that the commission secure substantially the objectives of the regulations to which the exception may be granted, as to area, light, air, the public health, safety, convenience, and general welfare.

(Prior code § 9-45(d); Ord. NS 1061 § 2, 1981; Ord. CS 179 § 1, 1986)

If the commission is unable to find all the foregoing facts, the application for the exception shall be denied.

(Prior code § 9-45(e); Ord. NS 1061 § 2, 1981; Ord. CS 179 § 1, 1986)

In case the exception is denied by the commission, the subdivider or any interested party may, within ten days after the commission has denied the exception, appeal in accordance with Chapter 20.68 . (Prior code § 9-45(f); Ord. NS 1061 § 2, 1981; Ord. CS 179 § 1, 1986)