10.40.050 General exceptions.
The authority to approve exceptions additional to those specifically set forth in Section 10.40.040, shall be reserved to the hearing examiner.
Applications for exceptions shall be made in writing, filed with the city engineer and city clerk, and shall specify the reasons why the applicant feels entitled to an exception.
Before an exception is allowed, it shall be considered at a public hearing by the hearing examiner. Such public hearing shall be held within forty days after the filing of the application. The city clerk shall give notice of the hearing in the following manner:
(1) By publication of a notice in a newspaper of general circulation in the city not less than five nor more than twenty days prior to the date of the hearing;
(2) By sending notice by mail to the applicant and the owner of any other lot which he or the city engineer deems affected by the proposed variance.
The hearing examiner shall decide all applications for exceptions, uses, or variances not later than sixty days after the public hearing thereon. All decisions and actions of the hearing examiner shall be by resolution which shall state the reasons therefor.
A copy of each resolution of the hearing examiner shall be transmitted to the city engineer and the decision of the hearing examiner shall be binding upon him, and he shall incorporate the terms and conditions stipulated by the hearing examiner in the permit to the applicant.
The decision of the hearing examiner on an application for an exception shall be final and conclusive, unless within sixty days from the date of such action the applicant or appellant makes application to the superior court.
Approval by the hearing examiner of any such additional exception shall be based on either of the following:
(a) There will be no economic or aesthetic advantage gained by placing utility installations underground, because of the presence of existing overhead utility facilities in a substantial portion of the area within or surrounding the new addition or subdivision.
(b) Underground construction would not be practicable or feasible due to the nature of the services to be rendered or required, the soil or rock formations in the area, unusual rodent or animal infestation, the presence of existing impeding underground drainage ditches, or open storm sewers and impediments of like nature. (Ord. 22-2 §8, 2022; Ord. A-844 §5, 1970).