Where strict compliance with these regulations and/or the purposes of these regulations may be better served by an alternative proposal, the board may approve exceptions to these regulations. An "exception" is any alternative design, or proposed change to these subdivision ordinance requirements that is requested by the applicant. 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 applicant at the time the subdivision permit application is filed and shall be reviewed along with the subdivision permit application. The request shall specify the ordinance provisions for which the applicant is requesting the exception, along with the proposed changes and the reasons why the changes are necessary. The commission shall make a recommendation to the board specific to the exception requested. A final decision on the exception shall be made by the board at the time it issues its final decision on the subdivision permit application.
The granting of an exception shall not have the effect of nullifying the intent and purpose of these regulations. The board shall not permit exceptions unless it finds, based upon the evidence presented to it in each specific case, that:
A. The granting of the exception will not be detrimental to the public safety, health, or welfare or injurious to other property, and
B. 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, and
C. Because of the 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, and
D. 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.
In approving exceptions, the board may require conditions that will secure the purposes of this title. (Ord. 2009-06, 9-28-2009)