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<br />. <br /> <br />d. <br /> <br />Any land disturbance exceeding an area of 2,500 square <br />feet complies with Chapter 11 (Erosion and Sediment <br />Control Ordinance) of the Portsmouth City Code. <br /> <br />(c) Exceptions. <br /> <br />(I) An application for an exception to the requirements of Chapter 9.1- <br />10 shall be made in writing to the Director of Planning on a form <br />provided by the Director. The Director of Planning shall accept no <br />such application unless accompanied by a non-refundable fee in <br />the amount of two hundred fifty dollars ($250.00). The application <br />shall identify the impacts of the proposed exception on water <br />quality and on lands within the RP A through the performance of a <br />water quality impact assessment, which complies, with the <br />provisions of Section 9.1-11(f). <br /> <br />(2) The Director shall notify the adjacent property owners of such <br />request, shall cause a sign to be posted on the property and shall <br />cause to be published a legal notice of a public hearing in <br />accordance with the Zoning Ordinance. <br /> <br />(3) <br /> <br />The Planning Commission shall review the request for an <br />exception and the water quality impact assessment and may grant <br />the exception with such conditions and safeguards as deemed <br />necessary to further the purpose and intent of this Chapter, if the <br />Planning Commission finds that: <br /> <br />. <br /> <br />a. Granting the exception will not confer upon the applicant <br />any special privileges that are denied by this Chapter to <br />other property owners in the Overly District; <br />b. The exception request is not based upon conditions or <br />circumstances that are self-created or self-imposed, nor <br />does the request arise from conditions or circumstances <br />either permitted or nonconforming that are related to the <br />adjacent parcels; <br />c. The exception request is the minimum necessary to afford <br />relief; <br />d. The exception request will be in harmony with the purpose <br />and intent of this Chapter, and not injurious to the <br />neighborhood or otherwise detrimental to water quality or <br />the public welfare; and <br />e. Reasonable and appropriate conditions are imposed which <br />will prevent the exception request from causing a <br />degradation of water quality. <br /> <br />. <br />