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Variances and Appeals
Arlington View whole ordinance
§ 67-3-4. Exceptions.
The provision of this Article shall not apply (a) to work con ducted on federal or state property; (b) to emergency work to protect life, limb or property; (c) to routine installation, maintenance and repair of cable and wires used to provide cable television, electric, gas or telephone service; (d) to activities with minor effects on trees, including but not limited to home gardening and landscaping of individual homes; and (e) to commercial silvicultural or horticultural activities, including but not limited to planting, managing, or harvesting forest or tree crops.
Chesapeake View whole ordinance
§ 19-606. Waivers and modifications.
A. Approval of waivers or modifications. Planting, preservation, buffer yard and green space requirements may be waived or modified by the joint approval of the city arborist and the planning director, or designee, under one or more of the following circumstances:
1. The particular characteristics of the site, such as its size, configuration, topography or subsurface conditions, are such that strict application of the requirements of this ordinance would result in unreasonable hardship to the developer.
2. Existing conditions on the site or neighboring sites are such that the buffering and canopy coverage intended by this ordinance are substantially provided without imposing such requirements.
3. Existing conditions on neighboring sites are such that compliance with the requirements of this ordinance would not produce the effect intended by the ordinance.
B. Appeal of decisions to the planning commission. Decisions made by the city arborist may be appealed to the planning commission and placed on the next available agenda for a final decision.
(Ord. No. 97-O-141, 11-18-97)
Lynchburg View whole ordinance
Sec. 35.1-14. Site plan review.
(g) Waiver. Any requirement of this section may be waived by the planning commission and/or its designee in a specific case where such requirement is found to be unreasonable or unnecessary for review of t he proposal and where such waiver will not be adverse to the purpose of this section.
(i) Appeal. An appeal of any decision made by the city administration concerning site plan review procedure may be made to the planning commission. (Ord. No. O-78-352, 12-12-78; Ord. No. O-84-140, § 1, 6-12-84, eff. 7-1-84; Ord. No. O-88-098, § 1, 5-10-88, eff. 7-1-88; Ord. No. O-97-063, 4-22-97; Ord. No. O-98-124, 6-9-98)
Virginia Beach View whole ordinance
C. Exemptions: 1. The requirements of section 1.4.B. of this appendix shall not apply to resubdivisions or to unimproved rights-of-way. 2. The requirements of section 1.4.B. shall not apply to townhouse developments where the street design does not provide adequate greenspace for street trees.
Sec. 1.6. Variances and appeals. A. The city manager or his designee is authorized, upon appeal in specific cases, to grant a variance from the terms of the ordinance [appendix] as will not be contrary to the public interest, when owing to special conditions, a literal enforcement of the provisions will result in unnecessary hardship, provided that the spirit of the ordinance [appendix] shall be observed and substantial justice done, as follows: 1. Strict application of the terms of the ordinance [appendix] will effectively prohibit or unreasonably restrict the use of the property. 2. Granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation as distinguished from a special privilege. In authorizing a variance, the city manager or his designee may impose such conditions as may be necessary in the public interest. B. It is further provided that any decision of the city manager or his designee may be modified, reversed or affirmed by the city council upon appeal by any aggrieved party to such decision, if such appeal is filed within thirty (30) days of such decision. C. Final decision under this ordinance [appendix] shall be subject to review by the appropriate court of record, if filed within thirty (30) days from the date of council action. D. Notwithstanding anything in this section to the contrary, variances and appeals arising from provisions of the Chesapeake Bay Preservation Area Ordinance [Appendix F] included or incorporated in this ordinance [appendix] shall be in accordance with Section 110 or Section 111 of the Chesapeake Bay Preservation Area Ordinance as the case may be. (Ord. No. 1965, 6-11-90; Ord. No. 2153, 6-23-92; Ord. No. 2794, 12-9-03) 5
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