Wasco Municipal Code Ch. 16.36 Exceptions

Sections: 16.36.010 Purpose. 16.36.020 Exceptions permitted. 16.36.030 Memorandum of justification. 16.36.040 Planning commission review and decision. 16.36.050 Planned unit developments. 16.36.060 Appeals. 16.36.070 Final map.

The purpose of this chapter is to allow the planning commission to approve or conditionally approve exceptions to any of the requirements and regulations set forth in this title in accord herewith. (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).

Exceptions to the regulations and requirements of this title may be allowed for the following conditions:

A. When property is impossible or impractical to develop in accordance with any of the provisions of this title because of special circumstances or conditions which affect such property.

B. When a subdivider proposes to develop property using modern site planning techniques in a manner which does not conform or literally comply to the design standards or regulations set forth in this title but would serve to facilitate the ultimate development of the land in a manner that will be commensurate with contemporary living patterns and technical progress. (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).

Under normal circumstances, at no time later than the time of filing of the tentative map the subdivider shall submit a memorandum in writing containing the following information:

A. A complete list of all exceptions requested and justification for such exceptions;

B. Tentative plans, plan of development or any other material necessary to support justification of such exception;

C. If applicable, any decision previously made by the planning commission on the proposed property with respect to the zoning regulations, complete with all material and information required therewith. (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).

A. At such time as the planning commission reviews the tentative map it shall review the memorandum of justification. The commission shall approve, approve with conditions or disapprove the requested exceptions. The decision and findings of the commission shall be transmitted to the subdivider and city engineer with the tentative map. In making their decision the planning commission shall make the following findings of fact:

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;

3. That the total development of the property with the exceptions shall in the aggregate be at least
equivalent to standard requirements set forth in this title and be in harmony with other developed areas in
the immediate vicinity;

4. That such exceptions will not be detrimental to the public health, safety, convenience and public welfare;

5. That such exceptions conform to the requirements of the zoning ordinance or any approved exception
thereof.

B. The findings of fact described in subsections (A)(1) and (2) of this section may not be necessary when a subdivider files for an exception based on the condition described in Section 16.36.020(B). (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).

Where in accordance with the provisions of the zoning ordinance a planned unit development has been tentatively approved subject to the approval of exceptions required in these regulations the commission shall find that the tentative map conforms to such plan. (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).

The subdivider or any interested person may appeal any action or decision of the planning commission with respect to granting or denying any exception as set forth in this chapter. All appeals shall be filed and processed in accordance with Chapter 16.40. (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).

A copy of such exceptions and all required findings shall be transmitted to the city council with the final map. (Ord. 617 §2 (Exh. A), 2011; Ord. 474, 2002).