§ 17.48

The town council may grant conditional exceptions to any of the requirements and regulations set forth in this title. Application for any such exception shall be made by a certified petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. The petition shall be filed with the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it is necessary, that the town council finds the following facts with respect thereto:

(1)

That there are special circumstances or 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 vicinity in which the property is situated.

(Code 1987, § 17.48.010; Ord. No. 23-1974, § 4, 1974)

In granting the exceptions referred to in section 17.48.010, the town council shall secure substantially the objectives of the regulations to which the exceptions are granted, as to light, air and the public health, safety, convenience and general welfare.

(Code 1987, § 17.48.020; Ord. No. 23-1974, § 5, 1974)