§ 35-436. Administrative Exceptions.

The city hereby finds and determines that some standards of this chapter are routinely modified due to exceptional circumstances such as difficult terrain and unique topographical conditions. The city finds and determines that the granting of such exceptions is in the public interest, but that administrative review is needed in order to ensure that the spirit and intent of this chapter is preserved. Accordingly, these procedures permit administrative exceptions to be granted as part of the subdivision plat approval process without the need for a variance. Applicants who are denied an administrative exception may then seek a variance in accordance with section 35-483 of this article.

(a)

Applicability. The director of planning and development services may grant an administrative exception from the requirements of article V of this chapter as provided in section 35-501. However, when the request involves deviation from applicable design standards in the extraterritorial jurisdiction (ETJ), approval from the applicable county is required.

(b)

Initiation. An exception shall be requested as part of the application for a subdivision plat approval. The exception shall be specifically labeled in the application with a specific reference to this section of the Code, along with any supporting documentation justifying the need for an exception.

(c)

Completeness Review. The application for an exception shall be reviewed for completeness concurrent with the completeness review for the subdivision plat or development plat.

(d)

Decision. The exception shall be approved, denied, or approved with conditions as part of the decision approving, denying, or approving with conditions the application for approval of a subdivision plat or development plat.

(e)

Approval Criteria. The exception shall be granted if the reviewing agency finds and determines that:

1.

The exception will not be contrary to the spirit and intent of this chapter and the specific regulations from which an exception is requested; and.

2.

The applicant has taken all practicable measures to minimize any adverse impacts on the public health, safety and public welfare; and

3.

Under the circumstances, the public interest underlying the proposed exception outweighs the public interest underlying the particular regulation for which the exception is granted; and

4.

The proposed exception complies with all other applicable standards of subsection 35-432(e) to the extent practicable.

(f)

Subsequent Applications. See subsection 35-432(f) of this chapter.

(g)

Amendments. See subsection 35-432(g) of this chapter.

(h)

Scope of Approval. See subsection 35-432(h) of this chapter.

(i)

Recording Procedures. See subsection 35-432(i) of this chapter.

(Ord. No. 96564 § 1) (Ord. No. 98697 § 1) (Ord. No. 99795)