Antioch Municipal Code Art. 8 Exceptions

The Council may authorize exceptions to any of the requirements and regulations set forth in this chapter. All requests for exceptions shall first be considered by the Commission which shall report in writing to the Council.

('66 Code, § 9-4.801) (Ord. 275-C-S, passed 3-11-75)

Applications for exceptions to any of the requirements and regulations set forth in this chapter shall be made in writing by the subdivider. Such applications shall state fully the grounds for the application and the facts relied upon. The subdivider shall grant such additional time as may be required by the Commission and the Council for the consideration of the exception.

('66 Code, § 9-4.802) (Ord. 275-C-S, passed 3-11-75)

(A) The Commission's written report to the Council shall set out fully the exception requested, its findings in connection therewith, all facts relating thereto, its recommendations thereon, and any conditions designated in connection therewith.

(B) (1) Findings. Before recommending any such exception, the Commission shall find the following:

(a) That there are unusual circumstances or conditions affecting the property;

(b) That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant;

(c) That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property in the territory in which the property is situated; and

(d) That the exception will not have the effect of nullifying the intent and purpose of the Circulation Element of the General Plan of the city or the provisions of this chapter.

(2) Recommendations. In recommending any such exception, the Commission shall designate such conditions in connection therewith as will secure substantially the objectives of the regulation excepted.

('66 Code, § 9-4.803) (Ord. 275-C-S, passed 3-11-75)