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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 /> <br />, <br /> <br />a. Granting the exception will not confer upon the applicant any special <br />privileges that are denied by this chapter to other property owners in the <br />overlay district; <br /> <br />b. The exception request is not based upon conditions or circumstances <br />that are self-created or self-imposed, nor does the request arise from <br />conditions or circumstances either permitted or nonconforming that are <br />related to the adjacent parcels; <br /> <br />c. The exception request is the minimum necessary to afford relief; <br /> <br />d. The exception request will be in harmony with the purpose and intent <br />of this chapter, and not injurious to the neighborhood or otherwise <br />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 quality. <br /> <br />(5) Any person aggrieved by a decision of the Planning Commission <br />regarding the denial of a requested exception may appeal the decision <br />to the Circuit Court of Virginia. The aggrieved party must file the <br />appeal to the circuit court within 30 days from the date of such <br />decision to appeal and notify the director of planning of the appeal. <br /> <br />Sec. 9.1-13. Enforcement. <br /> <br />(a) Any person who: (i) violates any provision of any such ordinance or (ii) violates <br />or fails, neglects, or refuses to obey any final notice, order, rule, regulation, or variance or <br />permit condition authorized by the City under such ordinance shall, upon such finding by <br />an appropriate circuit court, be assessed a civil penalty not to exceed $5,000 for each day <br />of violation. Such civil penalties may, at the discretion of the court assessing them, be <br />directed to be paid into the City treasury for the purpose of abating environmental <br />damage to or restoring Chesapeake Bay Preservation Areas therein, in such a manner as <br />the court may direct by order, except that where the violator is the city itself or its agent, <br />the court shall direct the penalty to be paid into the state treasury. <br /> <br />(b) With the consent of any person who: (i) violates any provision of this chapter or <br />(ii) violates or fails, neglects, or refuses to obey any local governmental body's or <br />official's notice, order, rule, regulation, or variance or permit condition authorized under <br />such ordinance, the City may provide for the issuance of an order against such person for <br />the one-time payment of civil charges for each violation in specific sums, not to exceed <br />$10,000 for each violation. Such civil charges shall be paid into the City treasury for the <br />purpose of abating environmental damage to or restoring Chesapeake Bay Preservation <br />Areas therein, except that where the violator is the city or its agent, the civil charges shall <br />be paid into the state treasury. Civil charges shall be in lieu of any appropriate civil <br />
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