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2009 Ordinances
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2009 Ordinances
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12/15/2009 3:59:24 PM
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<br />.. <br /> <br />,~ <br />ill <br /> <br />(1) An application for an exception to the requirements of section 9.1- <br />1 O( c) 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 such <br />application unless accompanied by a nonrefundable fee in the amount as <br />set forth in appendix A to this Code. The application shall identify the <br />impacts of the proposed exception on water quality and on lands within <br />the RP A through the performance of a water quality impact assessment, <br />which complies, with the provisions of section 9.1-11 (6). <br /> <br />(2) The director shall notify the adjacent property owners of such request, <br />shall cause a sign to be posted on the property and shall cause to be <br />published a legal notice of a public hearing in accordance with the zoning <br />ordinance. <br /> <br />(3) The planning commission shall review the request for an exception <br />and the water quality impact assessment and may grant the exception with <br />such conditions and safeguards as deemed necessary to further the purpose <br />and intent of this chapter, ifthe planning commission finds that: <br /> <br />a. Granting the exception will not confer upon the applicant any <br />special privileges that are denied by this chapter to other property <br />owners in the overlay district; <br /> <br />b. The exception request is not based upon conditions or <br />circumstances that are self-created or self-imposed, nor does the <br />request arise from conditions or circumstances either permitted or <br />nonconforming that are related to the adjacent parcels; <br /> <br />c. The exception request is the minimum necessary to afford <br />relief; <br /> <br />d. The exception request will be in harmony with the purpose and <br />intent of this chapter, and not injurious to the neighborhood or <br />otherwise detrimental to water quality or the public welfare; and <br /> <br />e. Reasonable and appropriate conditions are imposed which will <br />prevent the exception request from causing a degradation of water <br />quality. <br /> <br />(4) An application for an exception to the requirements any other sections <br />of the Chapter except Section 9.1-1O(c) shall be made in writing to the <br />director of planning on a form provided by the director. The director shall <br />review the request for an exception to these sections and the water quality <br />impact assessment and may grant the exception with such conditions and <br />safeguards as deemed necessary to further the purpose and intent of this <br />chapter, if the director finds that: <br />
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