§ 45-3205.1. Procedure for review and approval of exceptions to Chesapeake Bay preservation provisions.  


Latest version.
  • (a)

    An application to the board for an exception to the provisions of Chapter 37.1, Article V, Chesapeake Bay Preservation, of the City Code, as amended, and Sections 37.1-51(b)(1)b., 37.1-51(b)(1)c., 37.1-51(b)(1)d., 37.1-51(b)(1)m., and 37.1-51(b)(2) thereof, may be made by any property owner, government official, department, board or bureau and shall be filed with the city manager or the city manager's designee.

    (b)

    No exception shall be authorized except after notice and hearing as required by § 15.2-2204 of the Code of Virginia, 1950, as amended, except that only one (1) hearing shall be required before the board. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the notice may be given by first class mail rather than by registered or certified mail.

    (c)

    The board may grant exceptions to the provisions of sections 37.1-51(b)(1)b., 37.1-51(b)(1)c., 37.1-51(b)(1)d., 37.1-51(b)(1)m, and 37.1-51(b)(2) upon its making the following findings:

    (1)

    The requested exception to the criteria is the minimum necessary to afford relief;

    (2)

    Granting the exception will not confer upon the applicant any special privileges that are denied by Chapter 37.1 to other property owners who are subject to its provisions and who are similarly situated;

    (3)

    The exception is in harmony with the purpose and intent of Chapter 37.1, Article V and is not of substantial detriment to water quality;

    (4)

    The exception request is not based upon conditions or circumstances that are self-created or self-imposed;

    (5)

    Reasonable and appropriate conditions are imposed as warranted that will prevent the allowed activity from causing a degradation of water quality; and

    (6)

    Other conditions required by the board are met.

    (Ord. No. 5992-03, § 1; Ord. No. 6098-05, § 1; Ord. No. 7503-18, § 1)

(Ord. No. 5992-03, § 1; Ord. No. 6098-05, § 1; Ord. No. 7503-18, § 1)