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ORDJHA NO 2012-52 --.~" AN ORDINANCE TO AMEND CHAPTER 33.1 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) BY AMENDING SECTIONS 33.1-15,33.1- 23,33.1-26, AND 33.1-51 AND BY REPEALING SECTION 33.1-52 THEREOF PERTAINING TO SUBDIVISIONS. BE IT ORDAINED by the Council of the city of Portsmouth, Virginia: 1. That Sections 33.1-15, 33.1-23, 33.1-26, and 33.1-51 of the Code of the City of Portsmouth, Virginia (2006) be amended and reordained to read as follows: Sec. 33.1-15. Depth in dwelling districts established pursuant to zoning law. Lots in dwelling districts established by or pursuant to chapter 40 shall have an average depth of not less than 75 feet. For the purposes of this chapter, the term "average lot depth" shall be defined to require that a minimum of 50 percent of the width of a lot have a corresponding lot depth of not less than 75 feet. The Planning Commission may approve lots with less minimum average depth on Downtown zoned property. Sec. 33.1-23. Exceptions. A. Generally. The commission may grant an exception to any requirement of the chapter (except use, setback, number of parking spaces, size of parking spaces or any landscape requirements), subject to the following: (1) No such exception shall be granted unless the subdivider petitions the commission in writing. The petition shall state fully the grounds for the exception and all the facts relied upon by the subdivider. The Agent may require such additional information as he may deem necessary to process the request for the exception. (2) The Agent shall provide written notification of the exception request to all adjacent property owners. The notification shall adhere to the following requirements: (a) Such notice shall specifically describe the exception requested and the date, time and location of the Planning Commission meeting first considering such request; and (b) Such notice shall be mailed by the Agent at least ten days before the Planning Commission meeting; and (c) Evidence that such notice was sent by first class mail to the last known address as shown on the current real estate tax assessment book shall be deemed adequate compliance. (3) The burden shall be on the subdivider to demonstrate the need for an exception. (4) The commission shall not approve any exception unless it first receives a recommendation from the Director of Planning and unless it finds that: