Hillsborough Municipal Code Ch. 1.24 Exceptions from Requirements

Upon the petition of any property owner or subdivider, the city engineer may recommend to the city council that it authorize one or more conditional exceptions to any of the requirements set forth in Titles 12, 13 or 16.

(Ord. 618 § 12 (part), 2001: prior code § 100.4.60 (part))

The city engineer shall not recommend an exception unless the city engineer finds that:

A. Granting the exception will not be materially detrimental to the public health, safety or welfare or injurious to other property in the town, and

B. There are special circumstances or conditions affecting the property that make strict compliance with the subject requirement(s):

1. Unjustifiable from a cost/benefit analysis; or

2. Unnecessary for purposes of protecting the public health, safety or welfare; or

3. Unadvisable for purposes of protecting the public health, safety or welfare.

(Ord. 618 § 12 (part), 2001: Ord. 527, 1993; prior code § 100.4.60(a))

Notwithstanding any other provisions of this chapter, no exception shall be granted to the requirements of Section 16.08.010 or 16.12.050 unless, in addition to meeting the other requirements of this chapter, such exception is justified by the fact that because of the particular shape of the lot or because of the physical condition of the lot with respect to trees or other natural obstacles on it, a strict adherence to the requirements of Section 16.08.010 or 16.12.050 appears to be impractical or difficult to fulfill.

(Ord. 625 § 3, 2001)

In conjunction with recommending an exception, the city engineer shall set forth the conditions to which the exception will be subject. Such conditions shall secure the basic objectives of the requirement to which the exception applies.

(Ord. 618 § 12 (part), 2001: prior code § 100.4.60(b))

Any petitioner granted an exception by the city council shall supply such evidence as the town deems necessary to demonstrate compliance with the conditions imposed upon the exception.

(Ord. 618 § 12 (part), 2001: prior code § 100.4.60(c))