(A) The Subdivision and Land Use Committee may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this chapter that:
(1) The land is of such shape or size or is affected by such physical conditions or is subject to such title limitations or record, that it is impossible for the applicant to comply with all of the requirements of this chapter;
(2) The exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(3) The granting of the exception will not be detrimental to the public welfare, environment or injurious to other property in the vicinity of the subjects property.
(B) Each application for an exception shall be made to the Code Administrator. The Administrator will review and transmit recommendations to the Subdivision and Land Use Committee, which shall review such recommendations prior to granting or denying the exception.
(C) The Subdivision and Land Use Committee shall hold a public hearing on each application for exception, within 30 days after receiving the application, in the manner by ordinance. Within 30 days after public hearing, the Subdivision and Land Use Committee shall either approve the site development permit application with the exceptions and conditions it deems necessary or it shall disapprove such development permit application and exception application, or it shall take other such action as appropriate.
(Ord. passed 9-8-2009)