(1) Upon application to the Board of Supervisors, a subdivider may request an exception to the substantive regulations contained in the Facilities Standards Manual or in Chapter 1245 of these Subdivision Regulations. The Board of Supervisors may grant such an exception upon evidence presented by the subdivider that an exception is warranted due to an unusual situation or that strict adherence to general requirements would result in substantial injustice or hardship.
(2) No exception shall be granted by the Board of Supervisors that it finds would:
(a) Be in conflict with the governing Comprehensive Plan;
(b) Be in conflict with the applicable requirements of the Zoning Ordinance.
Further, no exception granted pursuant to this section shall affect the subdivider's obligation to comply with requirements which are established by separate authority in accordance with State or County law, nor may any exception to Section 1245.13 relating to agreements and surety be granted pursuant to this section.
(3) Applications for exceptions shall be made to the Board of Supervisors prior to submittal of the record plat.
(4) The Board of Supervisors shall give notice of a public hearing to consider an application for an exception. Such notice and hearing shall be done in conformance with Section 15.2-2204 of the Code of Virginia.
In addition, each application shall be posted by the applicant, using a form of placard approved by the Board of Supervisors, at least twenty-one (21) and no more than thirty (30) days prior to the public hearing. Certification of posting shall be provided to the Director prior to the public hearing.
Placards shall be affixed to a pole, post, fence or other structure to be clearly visible from each public road abutting the property. If no public roads abut the property, then the placard shall be posted so as to be clearly visible from at least two (2) abutting properties and at access points to said property. Placards shall be weatherproof.
Placards shall contain:
(a) The time, date and place of the hearing;
(b) A brief description of the matter being heard; and
(c) Identification of the land that is the subject of the application, including the tax map number and complete address of the property.
The applicant shall maintain all placards up to the time of the public hearing and shall remove all posted placards no later than fifteen (15) days after the public hearing has been closed.
It shall be unlawful for any person to destroy, deface or remove such placard notice. Any person taking such action shall be subject to the penalties set forth in Section 6-503 of the Zoning Ordinance.
(5) The Board of Supervisors shall act upon such application within ninety (90) days from the date the application was officially submitted and shall adopt written findings of fact supporting its decision regarding the approval of each request for an exception.
(Ord. 00-04. Passed 4-29-00.)