Chapter 16.08


16.08.010    Exceptions, authority to grant necessary findings.

16.08.020    Consideration of exceptions by planning commission.

16.08.030    Time of consideration.

16.08.040    No notice.

16.08.010 Exceptions, authority to grant necessary findings.

The council shall have authority to allow exceptions to the requirements of this code or the supplementary improvement standards adopted pursuant thereto, if it shall find by resolution that:

A. There are special and unusual circumstances or conditions affecting the property;

B. The exception is necessary for the proper design or intended use of the subdivision;

C. The exception will not be detrimental to the public welfare or injurious to other property in the surrounding area;

D. The exception will not have an effect contrary to the purposes of this code set out in HMC 16.01.010, nor contrary to the provisions of HMC 16.01.020, Relation to the general plan and specific plans, and of HMC 16.01.030, Relation to State Subdivision Map Act. (Ord. 346, 1975).

16.08.020 Consideration of exceptions by planning commission.

A. Before such exception is considered by the council, the proposed exception shall be considered by the commission at a public meeting, and it shall furnish to the council its recommendations thereon, including the matters on which findings are required as mentioned in the preceding section. This provision shall be deemed directory only.

B. Consideration of such exceptions by the commission may be initiated by application in writing by the subdivider, filed with the commission at the time of the filing of the tentative map, or thereafter, which shall set forth the proposed exception, identify it with reference to the tentative map, and explain why it conforms with the requirements of the preceding section.

C. Consideration of such exceptions by the commission may also be initiated on its own motion, or by resolution of the council requesting such consideration.

D. The commission shall have the discretion to furnish copies of the application and/or its recommendation thereon to any or all of the officers or agencies mentioned in HMC 16.02.050(E) for purposes of information.

E. The council shall not approve an exception substantially different from that contained in the original application, motion or resolution until the same is referred to the commission for further consideration and report, in the manner mentioned in subsection A of this section. (Ord. 346, 1975).

16.08.030 Time of consideration.

A. Exceptions may be considered by the commission or the council at the same time, or subsequent to, the consideration of the tentative map.

B. The commission shall file any report required by this chapter within 40 days after the application or resolution relating to the exception has been filed with it, and if it fails to do so, the council may proceed with the matter without such report. (Ord. 346, 1975).

16.08.040 No notice.

No public notice of any hearing mentioned in this chapter shall be required. (Ord. 346, 1975).