Chapter 16.40 — EXCEPTIONS

The city council may, upon the petition of a subdivider or upon their own motion, authorize modifications of requirements and improvement standards as set forth in this title, whenever the land involved in a subdivision is:

A.

Of such size or shape; or

B.

Subject to such title limitations of record; or

C.

Affected by such topographical location or conditions; or

D.

To be devoted to such usage that full conformity to the provisions of this title is impossible or impractical.

(Prior code § 11-2-1101)

The application for any exception shall be by petition filed with the secretary of the planning commission at the time the tentative map is presented to the planning commission.

(Prior code § 11-2-1102)

In order for the property referred to in the petition to come within the provisions of this chapter, it is necessary for the commission or the city council to find that all the following conditions exist:

A.

That there are exceptional circumstances or conditions that affect said property or the reasonable use thereof;

B.

That the exception is necessary to preserve a substantial property right and permit the enjoyment thereof;

C.

That the granting of the exception will not be detrimental to the public safety, health and welfare;

D.

That the granting of the exception will not be injurious to or prevent the logical development of other property in the immediate area.

(Prior code § 11-2-1103)

The commission, in recommending the granting of an exception, may set forth such conditions as may be necessary to secure substantial compliance with the objectives of this title, protecting the public health, safety and welfare.

(Prior code § 11-2-1104)

Decisions of the planning commission shall be referred to the city council concurrent with the commission's recommendations on the tentative map.

(Prior code § 11-2-1105)

The city council shall within ten days after the filing of a referral consider the exception. The city council shall deliver its decision on the exception within seven days (or at its next regular meeting) after the close of its hearing.

(Prior code § 11-2-1106)