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A. Where strict compliance with these regulations and/or the purposes of these regulations may be better served by an alternative proposal, the city council may approve exceptions and/or waiver of conditions to these regulations. The granting of an exception or waiver of conditions shall not have the effect of nullifying the intent and purpose of these regulations. The city council shall not permit exceptions and/or waiver of conditions unless it finds, based upon the evidence presented to it in each specific case, that:
1. The granting of the exception, or waiver of conditions will not be detrimental to the public safety, health or welfare or injurious to other property.
2. The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property.
3. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular and unnecessary hardship to the owner would result if the strict application of these regulations is applied.
4. The change sought will not vary the provisions of the zoning ordinance or comprehensive plan, except that those documents may be amended in the manner prescribed by law.
B. In approving exceptions or waivers of conditions, the city council may require conditions that will secure the purposes of this title. An exception is any alternative design, or proposed change in subdivision ordinance requirements that is requested by the developer. The exception requested must be reviewed as an integral part of the overall review process as outlined in this title. A request for an exception shall be submitted in writing by the developer at the time that the subdivision application is filed and shall be reviewed along with the subdivision. The request shall specify which ordinance provisions shall be subject to exception along with the proposed changes and the reasons why the changes are necessary. The planning and zoning commission shall make a recommendation to the city council specific to the exception requested. The city council shall render a decision on the requested exception at the time the subdivision is reviewed.
C. A waiver of conditions is a request to change the conditions of subdivision approval as agreed to in the development agreement. A request for a waiver of conditions must be in writing and submitted to the planning department prior to acceptance by the city of construction improvements or recordation of the final plat. The request shall specify the condition needing to be waived and the reasons the waiver would be justified. Upon receipt of a request, the administrator will place the request on the agenda of the planning and zoning commission for hearing. Notice of hearing shall be provided in the same manner as hearing for subdivision approval. The request will be reviewed and the planning and zoning commission shall make a recommendation to the city council. The city council shall review the recommendation and shall render a decision on the waiver of conditions. (2003 Code § 12-01-12)