§ 1010-4.004. Exceptions.


Latest version.
  • If. in following the procedural provisions of Chapter 26-2, the zoning administrator is satisfied that all of the following are true, the permit shall be granted:

    (1)

    That there are unusual circumstances or conditions affecting the property;

    (2)

    That the applicant will be substantially damaged by the refusal to grant the permit;

    (3)

    That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant or necessary for the proper design and function of some permitted or existing activity on the property;

    (4)

    That no other reasonable method of obtaining the desired results is available except as proposed by the applicant;

    (5)

    That the granting of the permit will not be materially detrimental to the public interest, safety, health and welfare, or injurious to other property;

    (6)

    That the granting of the exception will not unreasonably reduce or adversely impact the riparian corridor, and there is no feasible, less environmentally damaging, alternative; and

    (7)

    That the granting of the exception will not adversely affect the purposes of this division and the policy and goals of the general plan.

(Ord. 89-27: prior code § 1010-2.010: Ord. 72-90: prior code § 7604: Ord. 1447).