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(c) Exceptions. <br />(1) An application for an exception to the requirements of section 9.1-10 shall be made in <br />writing to the director of planning on a form provided by the director. The director of <br />planning shall accept no such application unless accompanied by a nonrefundable fee <br />in the amount as 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 the RPA <br />through the performance of a water quality impact assessment and resiliency <br />assessment which comply with the provisions of subsections 9.1-11(e) and 9.1-11(f). <br />(2) The director shall notify the adjacent property owners of such request, shall cause a <br />sign to be posted on the property and shall cause to be published a legal notice of a <br />public hearing in accordance with the zoning ordinance. <br />(3) The planning commission shall review the request for an exception, the water quality <br />impact assessment, and the resiliency assessment, and may grant the exception with <br />such conditions and safeguards as deemed necessary to further the purpose and intent <br />of this chapter, if the planning commission finds that: <br />a. Granting the exception will not confer upon the applicant any special privileges <br />that are denied by this chapter to other property owners in the overlay district who <br />are subject to its provisions and who are similarly situated; <br />b. The exception request is not based upon conditions or circumstances that are self- <br />created or self-imposed, nor does the request arise from conditions or <br />circumstances either permitted or nonconforming that are related to the adjacent <br />parcels; <br />c. The exception request is the minimum necessary to afford relief; <br />d. The exception request will be in harmony with the purpose and intent of this <br />chapter, and not injurious to the neighborhood or otherwise detrimental to water <br />quality or the public welfare; and <br />e. Reasonable and appropriate conditions are imposed which will prevent the <br />exception request from causing a degradation of water quality. <br />(4) An application for an exception to the requirements of any other sections of the chapter <br />except section 9.1-10 shall be made in writing to the director of planning on a form <br />provided by the director. The director shall review the request for an exception to these <br />sections, the water quality impact assessment, and the resiliency assessment, and may <br />grant the exception with such conditions and safeguards as deemed necessary to further <br />the purpose and intent of this chapter, if the director finds that: <br />a. The exception request is the minimum necessary to afford relief; and <br />b. Reasonable and appropriate conditions are imposed which will prevent the <br />exception request from causing a degradation of water quality. <br />(5) No application for relief from section 9.1-10 shall be considered complete where a <br />resiliency assessment, as outlined in subsection 9.1-11(f) has not occurred or the <br />proposed adaptation measure allows for the use of fill in a Resource Protection Area in <br />contravention of the requirements of subsection 9.1-10(c)(5)f.4. <br />25 <br />