The City Council may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this chapter:
A. Application For Exception; Findings: Application for any exception shall be made by a verified petition of the applicant for a site development permit, stating fully the grounds of the petition and the facts relied upon by the applicant. Such petition shall be filed with the site development permit application. No petition shall be granted unless the City Council expressly finds:
1. The land is of such shape or size or is affected by such physical conditions or is subject to such title limitations of record that it is impossible or impractical for the applicant to comply with all of the requirements of this chapter; and
2. The exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
3. The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
(1987 Code § 18.50-19)
B. Review; Recommendation: Each application for an exception shall be referred to the Director of Public Works for review. The Director of Public Works shall transmit their recommendations to the City Council, which shall review such recommendations prior to granting or denying the exception.
(Ord. 19-1186, 2-18-2019)
C. Public Hearing; Decision: The City Council shall hold a public hearing on each application for exception. After public hearing, the City Council may approve the site development permit application with the exceptions and conditions it deems necessary or it may disapprove such site development permit application and exception application or it may take such other action as appropriate.
(1987 Code § 18.50-19)