Part 7 — EXCEPTION — San Jose Municipal Code

15.50.700 - Exceptions.¶

Nothing herein shall preclude an applicant from requesting an exception from the provisions of this chapter. All applicable fees shall be paid at the time a request for an exception is made.

The director may, but shall not under any circumstances be required to, grant exceptions from the provisions of this chapter.

An exception may be granted pursuant to the procedure set forth in Section 15.50.310 of this chapter. Appeals will be heard pursuant to Section 15.50.610 of this chapter.

The director shall not grant an exception unless it is found that:

Special circumstances applicable to the subject right-of-way deprive the applicant of the ability to install necessary equipment. Such special circumstances shall include without limitation the size, shape, location or surroundings of the subject right-of-way, and the orientation of the structures thereon.

The exception, subject to such conditions as may be imposed thereon by the director:

Will not impair the general welfare of the neighborhood;

Will not impair the integrity and character of the zoning district in which the subject property is located;

Will not create a nuisance or safety hazard; and

Will not undermine the aesthetic environment of the neighborhood.

(Ord. 25099.)

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