An exception may be granted excepting property from some particular restriction or restrictions applicable to the zone in which such property is located if:

If there are no protests of any kind to the granting of the exception requested, the council may grant the exception even though such exception is not necessary for the preservation of a substantial property right of the owner. In such a case, however, the owner is not entitled to an exception as a matter of right. A petition for an exception does not state sufficient facts under this section unless it states facts supporting both subsections 1 and 2.

Pursuant to the criteria referenced in Section 17.40.020 (A), a deviation of up to ten percent of the requirements of Sections 15.32.070, 16.10.010, 16.10.020 and 17.36.060;

An application for the granting of a minor exception may be presented to the planning department, in writing, by the current property owner. The planning director may approve, deny or conditionally approve the minor exception application and shall provide written notice to the property owner of the decision within ninety days of filing a complete application;

Any decision by the planning director concerning a minor exception shall be final unless appealed to the planning commission. The decision of the planning director may be appealed by filing a written notice of appeal with the city clerk, together with an appeal filing fee of two hundred fifty dollars, within ten days of the day of mailing the notice of the granting or denial of the minor exception;

A public hearing before the planning commission concerning any written appeal shall be held within ninety days of filing of the notice of appeal with the city clerk;

The decision of the planning commission shall be final unless appealed to the city council as provided in Section 17.04.090 of this code.

An exception may also be granted to permit a use which is lawful because of an exception, either automatic, or otherwise, to be expanded or altered to the extent required by any law, ordinance, or regulation.

The commission or council may grant an exception pursuant to this section without a public hearing or after a public hearing.

An exception is granted automatically so as to permit the continuation of the particular existing uses of any building, structure, improvement or premises existing in the respective zones immediately prior to the time the ordinance codified in this title or any amendment thereof becomes effective if such existing use was not in violation of this title or any other ordinance or law.

As used in this section, the word "property" refers only to that portion of the property actually utilized for the existing use. The word "improvement" does not include any improvement not a part of the existing use, and such improvement which is not a part of the existing use shall be disregarded in the construction of this section.

This section does not authorize the extension, expansion or enlargement of such existing use, or permit the addition of structures or other facilities in conjunction with such existing use.

Such exception shall remain in force and effect for the following length of time, except that it may be extended or revoked as provided in this chapter:

That the condition of the improvement, if any, on the property is such that to require the property to be used only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person.

That the nature of the improvements is such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.

Upon the initiative of the commission or council;

Upon the filing of an application.

An exception permitting the. use of any premises or property for residential purposes, whether an automatic exception or an exception granted by action of the council, automatically shall cease to be of any force and effect if the structure located on said property is not occupied or inhabited for a consecutive period of sixty days;

An exception for any other purpose or use whether an automatic exception or an exception granted by action of the council, automatically shall cease to be of any force and effect if the use for which said exception was granted has ceased or has been suspended for a consecutive period of one or more years.