(A) Applications: A petition may be filed requesting an exception to any portion of the standards of design or required improvements of this chapter. The petition shall be filed with the commission and shall state fully the grounds for the request.
(B) Commission: The commission may approve an exception to any portion of the standards of design or required improvements, set forth herein where the applicant can show that: 1) due to topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provisions; and 2) the granting of the exception will not be detrimental to the public welfare nor injurious to other property in the vicinity. The reasons for granting any exception shall be stated in writing in the minutes of the commission.
(C) Appeal: A decision of the commission may be appealed by the petitioner or other interested party to the council within fifteen (15) calendar days of the decision. The appeal shall be written and filed with the zoning administrator, who shall notify the appellant of the hearing date scheduled by the council. If an appeal is not submitted within fifteen (15) calendar days, the decision shall be conclusive and no further right of appeal shall exist. (Ord. 822, 2-23-2006, eff. 8-16-2006)