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 condition based exceptions to these regulations. The granting of an exception shall not have the effect of nullifying the intent and purpose of these regulations. The City Council will not permit exceptions to conditions unless it finds, based upon the evidence presented to it in each specific case, that:
1. The granting of the condition based exception will not be detrimental to the public safety, health or welfare or injurious to other property; and
2. The conditions upon which the condition based exception request is based are unique to the lands for which the relief is sought and are not applicable generally to other lands; and
3. Because of the particular physical surroundings, shape or topographical conditions of the specific lands involved, a particular and unnecessary hardship to the owner or the public would result if these regulations are strictly applied; and
4. The change sought will not be contrary to the zoning ordinance or comprehensive plan.
B. In approving condition based exceptions, the City Council may require conditions that will secure the purposes of this title. A condition based exception is any alternative design, or deviation from subdivision ordinance requirements that is requested by the developer. The exception requested must be in writing and must be included in the notice to be given pursuant to chapter 3 of this title and reviewed as an integral part of the overall review process as outlined in this title and the recommendation and decision made on the requested exception should be at the time the subdivision is reviewed by the Planning Commission. (Ord. 339, 4-8-2003)