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Section 36-53. Exceptions. <br /> <br /> The Planning Director may grant a partial exception to the <br />requirements of this chapter under the circumstances listed in <br />this section. <br /> <br /> (1) Such exception shall reduce the required tree canopy by <br />the minimum extent necessary to provide a reasonable buildable <br />area. Applications for waiver must be submitted on a form <br />provided to the Planning Director. <br /> <br /> (2) Exceptions may be granted under the following <br />conditions= <br /> <br />Where the combined requirements~of this ordi~nce, <br />the zoning ordinance, any ordinances adopted in <br />compliance with the Chesapeake Bay Preservation Act, <br />or the requirements of Chapter 39 of the City Code <br />for the protection of tidal wetlands would result in <br />the elimination of a reasonable developable area on <br />the site. <br /> <br />(b) <br /> <br />Where the proposed use of the property is <br />agriculture, outdoor recreation, or aviation and the <br />Planning Director finds that full compliance with <br />this article would unreasonably reduce the unwooded <br />area of the site necessary for such use. <br /> <br />Section 36-54. Exemptions. <br /> <br /> A lot that is dedicated as a school <br />or similar non-wooded recreation area <br />requirements of this ordinance. <br /> <br />site or a playing field <br />is exempt from the <br /> <br />Section 36-55. Penalties. <br /> <br /> Any person who violates any of the provisions of this <br />article, upon conviction thereof, shall be fined not less than ten <br />dollars ($10.00), nor more than two hundred fifty dollars <br />($250.00). Each day's continuance of such violation shall <br />constitute a separate offense. <br /> <br />2. That this ordinance shall take effect on July 1, 1990. <br /> <br /> Adopted by the Council of the City of Portsmouth, Virginia, <br />at a meeting held June 11, 1990. <br /> <br />Teste: <br /> <br />City Clerk <br /> <br /> <br />