The planning commission may recommend that the City Council authorize conditional exceptions to any of the requirements and regulations set forth in this chapter in approving a tentative map of five or more lots and may authorize such exceptions in approving a tentative map of four or fewer lots. Application for any such exception shall be made by a verified petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the tentative map of the subdivision.
(Ord. 1085 § 1, 2009)
In approving exceptions pursuant to HMC § 17.04.560, the approving body shall secure substantially the objectives of the regulations to which the exceptions are granted as to light, air and the public health, safety, convenience and general welfare.
(Ord. 1085 § 1, 2009)
In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the approving body find the following facts with respect thereto:
A. 
That there are special circumstances or conditions affecting such 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 territory in which the property is situated.
(Ord. 1085 § 1, 2009)
In recommending the authorization of any exception pursuant to HMC § 17.04.560, the planning commission shall report by resolution to the City Council its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth the exception recommended and the conditions designated.
(Ord. 1085 § 1, 2009)