10.186 Exception.
(1) Exception, Purpose. The purpose of this section is to empower the approving authority to vary or adapt the strict application of the public improvement and site development standards as contained in Article III, Sections 10.349 through 10.361, and 10.370 through 10.385, as well as Articles IV and V of this chapter. Exceptions may be appropriate for reasons of:
(a) exceptional narrowness or shape of a parcel; or
(b) exceptional topographic conditions; or
(c) extraordinary and exceptional building restrictions on a piece of property; or
(d) if strict applications of the public improvement or site development standards in the above-referenced Articles would result in peculiar, exceptional, and undue hardship on the owner.
(2) Criteria for an Exception. No exception, in the strict application of the provisions of this chapter, shall be granted by the approving authority having jurisdiction over the land use review unless it finds that all of the following criteria and standards are satisfied. The power to authorize an exception from the terms of this code shall be sparingly exercised. Findings must indicate that:
(a) The granting of the exception shall be in harmony with the general purpose and intent of the regulations imposed by this code for the zoning district in which the exception request is located, and shall not be injurious to the general area or otherwise detrimental to the health, safety, and general welfare or adjacent natural resources. The approving authority shall have the authority to impose conditions to assure that this criterion is met.
(b) The granting of an exception will not permit the establishment of a use which is not permitted in the zoning district within which the exception is located.
(c) There are unique or unusual circumstances which apply to this site which do not typically apply elsewhere in the City, and that the strict application of the standard(s) for which an exception is being requested would result in peculiar, exceptional, and undue hardship on the owner.
(d) The need for the exception is not the result of an illegal act nor can it be established on this basis by one who purchases the land or building with or without knowledge of the standards of this code. It must result from the application of this chapter, and it must be suffered directly by the property in question. It is not sufficient proof in granting an exception to show that greater profit would result.
(3) Expiration of an Exception. Within one year following the final order date, issuance of building permit for vertical construction shall be completed, or if a use, the use shall have commenced. If a request for an extension is filed with the Planning Department within one year from the approval date of the final order, the approving authority may, upon written request by the applicant, grant a single extension of the expiration date for a period not to exceed one year from the expiration date of the final order. An extension shall be based on findings that the facts upon which the exception was first approved have not changed to an extent sufficient to warrant re-filing of the exception. An exception directly related to another land use review(s), such as an exception which was filed concurrently with the other land use review(s), and/or an exception which is integrally intertwined with and necessary to the development or use authorized by the other land use review(s), shall expire when the related land use review(s) expires.
(4) Exception Application Form. An application for an exception shall be made by the owner of the property for which the exception is requested to the approving authority for the plan authorization involving the exception. An exception application shall include the following:
(a) A list of the specific standard(s) for which an exception is being requested and a description of the degree of exception(s) being requested, including findings prepared by the applicant or applicant's representative addressing the criteria as set forth in Section 10.186 (2), Criteria for an Exception.
(b) Vicinity map drawn at a scale of 1" = 1000' identifying the location of the site of the variance.
(c) Assessor's map with the subject site identified.
(d) Site plan showing in detail the circumstance(s) which justifies each exception.