§ 6-1015. Exceptions.

A.

A request for an exception to the requirements of the highway corridor overlay district shall be made in writing to the zoning administrator for consideration by the board of supervisors following a recommendation by the planning commission in accordance with section 7-2000 [part 2 of article VII] (development review). The request shall be accompanied by those documents determined by the zoning administrator to be necessary for the board of supervisor's consideration of the request.

B.

The board of supervisors in formulating a decision shall consider the following:

1.

Such exception shall be no less beneficial to the residents or occupants of the development, as well as neighboring property, that would be obtained under the applicable regulation;

2.

That the exception is reasonable because of the high level of design and construction that will be incorporated in the development;

3.

That the exception will result in design and construction that is in accordance with accepted engineering and building standards.

C.

Any person or persons jointly or severally aggrieved by a decision of the board of supervisors may present to the circuit court of the County of Isle of Wight a petition specifying the grounds on which aggrieved within thirty (30) days after the final decision of the board of supervisors. Costs shall not be allowed against the board of supervisors, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed therefrom. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12, 3-20-14; 7-19-18.)