Article 14-35

EXCEPTIONS TO DESIGN AND IMPROVEMENT REQUIREMENTS Sections:

14-35.010 Power to grant exceptions. 14-35.020 Findings required. 14-35.030 Conditions.

As part of the granting of an exception under this Article, the Planning Commission may impose such conditions in connection therewith as will, in the opinion of the Planning Commission, substantially secure the objectives of the regulations to which the exception is granted.

(Ord. No. 398, § 1(Att.), 12-20-2023)

If a project requires an exception to any of the design requirements set forth in Article 14-25 of this Chapter, the improvement requirements set forth in Article 14-30 of this Chapter, or any other requirement, that project is not consistent with objective standards. The applicant may seek exceptions as set out in this section. The Planning Commission's power to grant exceptions is discretionary and the ability of a subdivider to seek exceptions does not result in a by-right approval of any requested exception.

(a) The Planning Commission shall have power to grant exceptions to any of the design requirements set forth in Article 14-25 of this Chapter; provided, however, that a variance must be granted pursuant to Article 15-70 of the Zoning Ordinance for any exception from the requirement contained in Subsection 1425.040(a) 14-25.010 concerning minimum standards for lot area, frontage, width and depth.

(b) The Planning Commission shall have power to grant exceptions from any of the improvement requirements set forth in Article 14-30 of this Chapter.

(c) The granting of an exception is not a matter of right and in no event may such exception be granted unless the Planning Commission is able to make the findings prescribed in Section 14-35.020. (Ord. No. 398, § 1(Att.), 12-20-2023)

The Planning Commission may grant an exception under this Article if it finds that:

(a) There are special circumstances or conditions affecting the property, or the exception is necessary for the preservation and enjoyment of substantial property rights of the subdivider or owner; and

(b) The granting of the exception will not be materially detrimental to the public health, safety, or welfare or injurious to other property or uses in the vicinity of the subdivision.

(Ord. No. 398, § 1(Att.), 12-20-2023)

262

(Saratoga Supp. No. 53, 4-24)

14-40.020