The Board of Appeals may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this chapter.
(A) Application for exception shall be made by a verified petition of the applicant for a development permit, stating fully the grounds of the petition and the facts relied upon by the applicant. Such petition shall be filed with the development permit application. In order for the petition to be granted, it shall be necessary that the Board of Appeals find all of the following facts with the respect to the land referred to in the application:
(1) That 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 or impractical for the applicant to comply with all of the requirements of this chapter;
(2) That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant; and
(3) That 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 Building and Zoning Administrator. The Administrator will review and transmit recommendations to the Board of Appeals, which shall review such recommendations prior to granting or denying the exception.
(C) The Board of Appeals 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 Board of Appeals 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.
(1993 Code, § 114.05) (Ord. 2000-09, passed 8-16-2000)