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Sec. 33.1-23. Exceptions. <br />A. Generally. The agent may grant an exception to any requirement of the chapter (except use, <br />setback, number of parking spaces, size of parking spaces or any landscape requirements), <br />subject to the following: <br />(1) No such exception shall be granted unless the subdivider petitions the agent in writing. <br />The petition shall state fully the grounds for the exception and all the facts relied upon <br />by the subdivider. The agent may require such additional information as they may <br />deem necessary to process the request for the exception. <br />(2) The burden shall be on the subdivider to demonstrate the need for an exception. <br />(3) The agent shall not approve a petition for an exception unless they find that: <br />(a) The granting of the exception will not be detrimental to public safety, health, or <br />welfare, and will not adversely affect the property of others; <br />(b) The facts upon which the request is based are unique to the property and are not <br />applicable generally to other property so as not to make reasonably practicable the <br />formulation of general regulations to be adopted as an amendment to this chapter; <br />(c) No objection to the exception has been received in writing from the transportation <br />department, city engineer, health department, or fire chief; and, either <br />(d) Strict adherence to the ordinance requirement will cause substantial injustice or <br />hardship. The hardship or injustice is created by the unusual character of the <br />property, including dimensions and topography, or by other extraordinary <br />situation or condition of such property. Personal, financial, or self-inflicted <br />hardship or injustice shall not be considered proper justification for an exception; <br />or <br />(e) The exception will permit development to follow standards consistent with those <br />commonly referred to as Traditional Neighborhood Development or New <br />Urbanism. <br />(4) The agent in authorizing an exception may impose such reasonable conditions in <br />addition to the regulations of this chapter as they may deem necessary in the public <br />interest. The agent may require a guarantee or bond to ensure that the conditions <br />imposed are being and will continue to be complied with. <br />(5) If granted, such exception shall be specifically stated in writing together with the <br />supporting justifications and filed with the subdivision plan or such plat or plans <br />deemed necessary by the agent. A note shall be prominently placed on the record plat <br />detailing any exception so granted. <br />ARTICLE IL PROCEDURES AND DOCUMENTS TO BE FILED <br />