The Zoning Board of Appeals may authorize exceptions to any of the requirements and regulations set forth in this chapter.
A. Application For Exception: Application for any exception shall be made by a verified petition of applicant stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with the site development permit application. In order for the land referred to in the petition to come within the provisions of this chapter, it shall be necessary that the Zoning Board of Appeals find all of the following facts with respect thereto:
1. That the land is of 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 subdivider to comply with all of the regulations of this chapter.
2. That the exception is necessary for the preservation and enjoyment of a substantial property right of the petitioner.
3. 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.
B. Referral And Recommendations: Each proposed exception may be referred by the Zoning Board of Appeals to qualified persons for investigation, and such persons shall transmit to the Zoning Board of Appeals their recommendations, which recommendations shall be reviewed along with all other matters submitted prior to the granting of any exception. (1977 Code § 6-1-15)
C. Decisions By Board Of Trustees: After public hearing thereon, the Zoning Board of Appeals shall make a recommendation to the Board of Trustees, and the Board of Trustees shall either approve the site development permit application with the exceptions and conditions it deems necessary, or it may disapprove such site development permit application and exception application, or it may take such other action as is appropriate. (1977 Code § 6-1-15; amd. 2004 Code)