§ 32-42. Exceptions

Where the city council finds that undue hardships will result from strict compliance with a certain provisions of this chapter, or where the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve an exception to portions of these regulations so that substantial justice may be done and the public interest is secured, provided that the exception shall not have the effect of nullifying the intent and purpose of these regulations, and further provided that the city council shall not approve an exception unless it shall make findings based upon the evidence presented to it in each specific case that:

(1) Granting the exception will not be detrimental to the public safety, health or welfare, and will not be injurious to other property or to the owners of other property, and the exception will not prevent the orderly subdivision of other property in the vicinity;

(2) The exception will not in any manner vary the provisions of chapter 40, zoning, or the comprehensive plan or any other adopted plans of the city; and

(3) An alternate design will generally achieve the same result or intent as the standards and regulations prescribed herein.

(4) Such findings of the city council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meeting at which an exception is considered. An exception from any provision of this chapter may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice done.

(Ord. No. 549, § 10.214, 12-22-2009)