§ 17.10.230. Exceptions to chapter—Procedure—Assembly authority.

A.

The assembly may authorize exceptions to any of the requirements set forth in this chapter. The applicant requesting any such exception shall present the assembly with substantial evidence, justifying the requested exception stating fully the grounds for the exception and the facts relied upon. The assembly shall find the following facts before granting any exceptions:

1.

That special circumstances or conditions exist;

2.

That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this chapter;

3.

That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area.

(Ord. No. 92-57, § 1(part), 1993)