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Exceptions to the condominium conversion regulations may only be approved by the city council under request by the subdivider when in accordance with the findings noted in subsection A of this section. Exceptions may only be granted to the property improvement standards and not the affordable housing requirements or tenant notification provisions.

A. City Council Findings for Exceptions.

1. There are circumstances of the site, such as size, shape or topography, distinct from land in the same zoning, or compliance would be completely infeasible because of the location or site design.

2. The required property improvement standards would decrease the size or number of units within the project resulting in a significant loss of entitlement. (Note: a loss of one or more density units allowed by density standards or reductions in the floor area of units that still allow for a reasonable floor space may not be considered a significant loss of entitlement. For the purpose of these regulations, a reasonable floor area for a one-bedroom unit is considered to be approximately nine hundred square feet while a reasonable floor area for a two-bedroom unit is considered to be one thousand two hundred square feet.)

3. The exception will not constitute a grant of special privilege; an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning.

4. No feasible alternative to authorizing the exception would satisfy the intent of the city policies and regulations. (Ord. 1729 § 4 (Exh. A), 2023)