21.70.010 Application for exceptions.
The Planning Commission may authorize exceptions to any of the requirements and regulations set forth in this title. Application for any such exception shall be made by a verified petition of the subdivider, stating fully the grounds of the application and facts relied upon by the petitioner. Such petition shall be filed with the tentative or parcel map of the subdivision. In order for the property referred to in the petition to come within the provisions of this chapter, it shall be necessary that the Planning Commission or Planning Director finds the following facts with respect thereto:
A. There are special circumstances or conditions affecting the property.
B. The exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.
The Planning Commission shall approve, conditionally approve, or disapprove the exceptions requested. Action by the Planning Commission shall be final unless an appeal is filed from such action in accordance with the provisions of Chapter 21.16. (Ord. 5793-NS § 2 (part), 1987)