The Planning Commission may recommend for Council approval conditional exceptions from the provisions of this chapter when, in the opinion of the Planning Commission, undue hardship may result from the strict compliance with the provisions of this chapter, and an exception would not be contrary to the public interests. In making its findings, the Planning Commission shall consider the existing land use of the area, the nature of the proposed use of the land, and the effect on traffic conditions probable therefrom. However, no conditional exception shall be recommended for Council approval unless the Planning Commission finds that:
(a) 
There are special circumstances or conditions affecting such property so that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land; and
(b) 
By granting the conditional exception applied for, any other landowner shall not be deprived of the reasonable use of his or her land nor be subjected to undue burdens or hardships or be deprived of any material use or enjoyment of his or her property.
(§ 1, Ord. 572, eff. February 18, 2018)
Upon the receipt of the recommendation for a conditional exception from the Commission, the City Council shall, at its next available meeting, act upon the recommendation and either approve, disapprove, or conditionally approve such recommendation.
Before any Council action is taken following the recommendation of the Planning Commission for a conditional exception, the subdivider shall be notified 10 days in advance of the meeting and intended action. Notice shall also be given to any person who appeared at the hearing of the Planning Commission and filed with the City Clerk a request for such notice.
(§ 1, Ord. 572, eff. February 18, 2018)