23.45.010 Exceptions.
(a) It is recognized that there are certain parcels of land of such dimensions, subject to such restrictions, or so affected by physical conditions that it would be difficult or impractical for the subdivider to conform to the regulations in this title. In such a case, the subdivider must make an exception request to the Administrator during the preliminary subdivision plan review.
(b) The request for exceptions from the regulations can be approved by the Administrator and Planning Director when all of the following findings are made:
(1) That because of special circumstances applicable to the subdivision, including size, shape, topography, location, or surroundings, the application of this title would otherwise deprive the subdivision of privileges enjoyed by other properties in the vicinity.
(2) That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.
(3) That with the granting of the subdivision exception, the project would achieve greater consistency with the plan, goals, and policies of the Tribe.
(4) Any exception granted shall be subject to such conditions necessary to ensure that the exception does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. [Ord. 43 § 3801, adopted, 6/10/2015.]