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AN ORDINANCE <br />AMENDING AND REORDAINING SECTION 34-944 OF ARTICLE XXII <br />OF CHAPTER 34 OF THE CHARLOTTESVILLE CITY CODE, 1990, <br />AS AMENDED, RELATING TO SPECIAL PERMIT MODIFICATIONS. <br />BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, that <br />Section 34-944 of Article XXII of Chapter 34 of the Code of the City of Charlottesville, <br />1990, as amended, is hereby amended and reordained as follows: <br />Section 34-944. Exceptions and modifications as conditions of permit. <br />(a) In granting any special permit or special use permit authorized by any <br />provision of this chapter, the city council may expand, modify, reduce or otherwise grant <br />exceptions to yard regulations, standards for higher density, parking standards, and time <br />limit requirements imposed by any other provision of this chapter, provided: <br />(1) That city council finds that such modification or exception will be in <br />harmony with the purposes and intent of this article, and of the article <br />under which such special permit or special use permit is being sought, and <br />(2) That such modification or exception is necessary or desirable in view of <br />the particular nature, circumstances, location or situation of the project <br />which is the subject of such permit application, and <br />• (3) That no such modification or exception shall be authorized to allow a use <br />which is not otherwise allowed by special permit or by right in the district <br />in question. <br />Approved by Council <br />December 17, 2001 <br />e k of City Co ncil <br />