The planning and zoning commission with the consent of the majority of the town council may grant an exception of any of the requirements of this division relieving rigid application of the performance standards of this division.

(Ord. No. 766, 6-8-2009; Ord. 526 § 5 (part), 1979: Ord. 517 Ch. 18 § 1, 1978)

The procedure for applying for an exception and the manner of dealing with it by the planning and zoning commission shall be the same as for conditional use zoning compliance permit applications in Chapter 18.48, except that the application shall contain, in addition to the location map, and a sketch plan, a clear statement from the applicant citing the performance standard from which an exception is sought and the reasons for which it is sought.

(Ord. No. 766, 6-8-2009; Ord. 526 § 5 (part), 1979: Ord. 517 Ch. 18 § 2, 1978)

Approval of exceptions is subject to the following findings:

A.

Without the exception the owner will be deprived of the only significant beneficial use of his or her property; and

B.

The exception is necessitated by conditions unique to the site or circumstances of the proposed uses; and

C.

An extreme hardship would result unless the exception was granted.

(Ord. 526 § 5 (part), 1979: Ord. 517 Ch. 18 § 3, 1978)

If the planning and zoning commission finds that an exception should be recommended to the council, the planning and zoning commission shall so certify its recommendations to the council and the council shall consider such recommendation at its next regularly scheduled council meeting. The council shall, within 30 days of the council meeting at which the recommendation was made:

A.

Approve the exception by a majority vote;

B.

Reject the exception by a majority vote.

(Ord. No. 766, 6-8-2009; Ord. 526 § 5 (part), 1979: Ord. 517 Ch. 18 § 4, 1978)