(A) Preface. The provisions in this section establish a procedure by which the city may grant an exception to the standards in this chapter but only to the extent necessary to avoid conflict with applicable federal or state law. When the applicant requests an exception, the approval authority shall consider the findings in division (B) in addition to the findings required under § 10-9.08. Each exception is specific to the facts and circumstances in connection with each application. An exception granted in one instance shall not be deemed to create a presumption or expectation that an exception will be granted in any other instance.
(B) Findings for an exception. The approval authority may grant an exception to any provision or requirement in this chapter only if the approval authority finds that:
(1) A denial based on the application's noncompliance with a specific provision or requirement would violate federal law, state law or both; or
(2) A provision in this chapter, as applied to the applicant, would violate any rights or privileges conferred on the applicant by federal or state law.
(C) Scope of exception. If the approval authority finds that an exception should be granted, the exception shall be narrowly tailored so that the exception deviates from this chapter to least extent necessary for compliance with federal or state law.
(D) Burden of proof. The applicant shall have the burden to prove to the approval authority that an exception should be granted pursuant to this section. The standard of evidence shall be the same as required by applicable federal or state law for the issue raised in the applicant's request for an exception.
(Ord. 995 C.S., passed 10-19-22)