Sec. 32-194

Other

• Return of denied exception request

  If the board of zoning appeals cannot make the required findings or refuses to grant the exception, the board of zoning appeals shall return the request for an exception together with the water quality impact assessment and the written findings and rationale for the decision to the applicant.

• Findings for exception approval

  The board of zoning appeals shall review the request for an exception and the water quality impact assessment and may grant the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of this article if the board of zoning appeals finds: (1) Granting the exception will not confer upon the applicant any special privileges that are denied by this article to other property owners in the overlay district; (2) The exception request is not based upon conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or non-conforming that are related to adjacent parcels; (3) The exception request is the minimum necessary to afford relief; (4) The exception request will be consistent with the purpose and intent of the overlay district and not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of substantial detriment to water quality; and (5) Reasonable and appropriate conditions are imposed which will prevent the exception request from causing a degradation of water quality.

• Public hearingConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. for exceptions

  The Town of Cape Charles shall notify the affected public of any such exception requests and shall consider these requests in a public hearing in accordance with § 15.2-2204 of the Code of Virginia, except that only one hearing shall be required.

• Exception request process

  A request for an exception to the requirements of sections 32-186 and 32-189(c) of this overlay district shall be made in writing to the board of zoning appeals. It shall identify the impacts of the proposed exception on water quality and on lands within the RPA through the performance of a water quality impact assessment which complies with the provisions of section 32-190.

• Exception by zoning administrator

  A request for an exception to the requirements of provisions of this article other than those in sections 32-186 and 32-189(c) shall be made in writing to the zoning administrator. The zoning administrator may grant these exceptions provided that: (1) Exceptions to the requirements are minimum necessary to afford relief; and reasonable and appropriate conditions are placed upon any exception that is granted, as necessary, so that the purpose and intent of this article is preserved. (2) Exceptions to § 32-189(b) may be made provided that the findings noted in section 32-194(c) are made.