§ 4-4.901. Authority to Vary Regulations.

(a)

The Planning Commission may vary the regulations relating to the subdivision of land by granting an exception provided it is shown by the subdivider that:

(1)

There are exceptional or extraordinary circumstances or conditions applicable to the property such as topography, fixed rights-of-way, unique location of easements, etc.;

(2)

Because of the unique nature of a particular subdivision concept, design innovations are proposed which meet the functional standards of the zoning and subdivision regulations without strict adherence to the requirements of this chapter;

(3)

In the case of a parcel map, the applicant is being denied the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity or zone in which the property is located; or

(4)

That the granting of the exception will not be materially detrimental to the public welfare or injurious to other property or improvements in the vicinity or zone in which the property is located and will not nullify the intent and purpose of the General Plan or these regulations.

(b)

Where it is determined by the Planning Commission that the design of a proposed subdivision is in compliance with a development plan which has been adopted by the City Council in conjunction with a Planned Development zone, the Planning Commission may approve such subdivision map without formally granting exceptions for design factors which are not in strict compliance with the provisions of this chapter.

(c)

In granting an exception, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so excepted.

(Ord. 1041-N.S., amended by Ord. 413-C.S., Ord. 993-C.S., Ord. 1436-C.S., and Ord. 1437-C.S., effective 3-10-75)