Exeter Municipal Code Ch. 16.52 Exceptions

The planning commission may recommend that the city council authorize conditional exceptions to any of the requirements and regulations set forth in this title. Application for any such exception shall be made by a petition of the subdivider stating fully the ground of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision.

(Ord. 384 §16(A), 1978)

A. In order for the property referred to in the petition to come within the provision of this chapter, it shall be necessary that the planning commission find the following facts:

1. That there are special circumstances and conditions affecting the property;

2. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.

B. In recommending such exceptions, the planning commission shall secure substantially the objectives of the regulations to which exceptions are requested, and shall act to protect the public health, safety, convenience and general welfare.

C. In recommending the authorization of any exception under the provisions of this chapter, the planning commission shall report to the city council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and conditions designated.

D. Upon receipt of such report, the city council may approve the tentative map with or without exceptions and condition recommended by the planning commission and with such other exceptions, if any, as the city council deems necessary to substantially secure the objective of this title.

(Ord. 384 §16(B), 1978)