The village may, in accordance with the following procedures, authorize exceptions to any of the requirements and regulations set forth in this chapter. Requests for any exception shall be made by written request, stating fully the grounds of the request and the facts relied upon. Such request shall be filed with the erosion control plan. In order for the exception request to be granted, it shall be necessary that the village board find all of the following facts with respect to the land referred:
A. That the land is in such shape or size or is affected by such physical conditions or is subject to such title limitations of record, that it is impossible or impractical for the owner of the property or his authorized agent to comply with all of the requirements of this chapter;
B. That the exception is necessary for the preservation and enjoyment of a substantial property right of the owner of the property or his authorized agent; and
C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property. (Ord. 1630, 4-12-1999)