§ 18.32.010. Application.

The planning commission may recommend that the council authorize conditional exceptions to any requirements and regulations set forth in this title.

Application for any such exception shall be made by a certified petition of the subdivider, stating fully the grounds of the application and the factor relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision and shall be accompanied by a filing fee of twenty-five dollars.

In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission shall hold at least one public hearing, and notice of the time and place thereof shall be given by posting written notice thereof upon the property not less than ten days prior to the date of such hearing. After such hearing the planning commission may not recommend that the council authorize conditional exceptions to any of the requirements and regulations of this title unless it shall find the following facts with respect thereto:

A.

That there are special circumstances or conditions affecting said property;

B.

That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner;

C.

That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of which said property is situated.

(Prior code § 9206.1.)