§ 90-672. Exceptions.

(a)

A request for an exception to the requirements of section 90-667(c) shall be made in writing to the county board of zoning appeals. It shall identify the impacts of the proposed exception on water quality and on lands within the resource protection area through the performance of a water quality impact assessment which complies with the provisions of section 90-668.

(b)

The County of Prince George shall notify the affected public of any such exception requests and shall consider these requests in a public hearing in accordance with Code of Virginia, § 15.2-2204, except that only one hearing shall be required.

(c)

The county board of zoning appeals shall review the request for an exception and the water quality impact assessment and may grant the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of this article if the board of zoning appeals finds:

(1)

Granting the exception will not confer upon the applicant any special privileges denied by this article to other property owners in the CBPA Overlay District;

(2)

The exception request is not based on conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or nonconforming that are related to adjacent parcels;

(3)

The exception request is the minimum necessary to afford relief;

(4)

The exception request will be in harmony with the purpose and intent of the CBPA Overlay District, not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of substantial detriment to water quality; and

(5)

Reasonable and appropriate conditions are imposed which will prevent the exception request from causing a degradation of water quality.

(d)

If the county board of zoning appeals cannot make the required findings or refuses to grant the exception, the board of zoning appeals shall return the request for an exception together with the water quality impact assessment and the written findings and rationale for the decision to the applicant.

A request for an exception to the requirements of provisions of this article other than section 90-667(c) shall be made in writing to the county board of zoning appeals. The board of zoning appeals may grant these exceptions provided that:

(1)

Exceptions to the requirements are the minimum necessary to afford relief; and

(2)

Reasonable and appropriate conditions are placed upon any exception that is granted, as necessary, so that the purposes and intent of this article are preserved.

(3)

Exceptions to section 90-667(b) may be made, provided that the findings noted in section 90-672(c) are made by the applicant.