This chapter may be amended by utilizing the procedures specified in §§ 175-19.2 through 19.10, inclusive.
Whenever the public necessity, convenience, general welfare,
or good zoning practices require, the governing body may by resolution
after receipt of recommendation thereon from the Commission, and subject
to the procedures provided by law, amend, supplement, change, or repeal
the regulations, restriction, and boundaries or classification of
property.
Amendments to this chapter may be initiated in one of the following
ways:
A.
Applications for amendments to the Official Zoning Map adopted as
part of this chapter shall contain at least the following information:
(1)
Name, address, and telephone number of applicant and owner;
(2)
Proposed amending resolution, approved as to form by the Commonwealth's
Attorney;
(3)
Present use;
(4)
Present zoning district;
(5)
Proposed use;
(6)
Proposed zoning district;
(7)
Three vicinity maps at a scale approved by the Administrator
showing property lines and dimensions, thoroughfares, existing and
proposed zoning, and any other items as the Administrator may require;
(8)
List of all property owners and their mailing addresses who
are within, contiguous to, or directly across the street from the
parcel(s) proposed to be rezoned;
(9)
A statement on how the proposed amendment relates to the Comprehensive
Plan;
(10)
Other such information as may be required by the zoning administrator
in order for him to determine conformance with this chapter; and
(11)
A fee as established by the governing body.
Immediately after the adoption of a resolution by the governing
body or the filing of an application by a property owner, said resolution
or application shall be transmitted to the Commission.
[Amended 10-22-2019]
Within 60 days after the receipt of a resolution or application,
or after adoption of its own motion, and after public notice as required
by § 15.1-431 of the Code of Virginia, 1950, as amended,
the Commission and the governing body shall hold a joint public hearing
on the proposed zoning amendment or change.
Within 70 days after public hearing required by § 175-19.6 of this chapter, the Commission shall recommend to the governing body that the proposed zoning amendment or change be approved as presented, approved with modifications and/or voluntary proffers, or disapproved. The Commission shall then transmit all papers constituting the record and the recommendations to the governing body.
Within 100 days of receipt of the Planning Commission recommendation, whichever occurs last, the governing body shall either approve as presented, approve with modifications and/or voluntary proffers, or disapprove the proposed zoning amendment or change; provided, however, that no land may be zoned to a different classification than was contained in the public notice without an additional public hearing after notice as required by § 15.1-431 of the Code of Virginia, 1950, as amended. Upon approval of an amendment to the text of this chapter, such amendment shall be attached to the ordinance, signed by the Chairman of the Board of Supervisors, and attested to by the Clerk of the Circuit Court of Mathews County. Amendments to the Official Zoning Map shall be made in accordance with the provisions of § 175-3.2 of this chapter.
Substantially the same zoning amendment or change shall not
be reconsidered within six months of any final action thereon by the
governing body.
A.
Conditional zoning. As part of the petition to rezone property in
the Residential-1, Residential-2, Business-1, Business-2, Rural, Industrial
and Conservation Districts and amend the Official Zoning Map, the
property owner(s) may include a voluntary proffering in writing placing
certain conditions and restrictions on the use and development of
said property, and the administration shall be vested with all necessary
authority to administer and enforce such conditions and restrictions,
all in accordance with §§ 15.2-2296 through 15.2-2302
of the Code of Virginia, 1950, as amended. The County of Mathews,
having met the prerequisites set out in § 15.2-2298, the
proffered conditions may include, but are not limited to, substantial
cash payments and the dedication of real property of substantial value
pursuant to the aforesaid code section. All proffers accepted pursuant
to § 15.2-2298 are subject to the terms and conditions of
said code section of the Code of Virginia of 1950, as amended. Before
any proffered conditions or restrictions shall be accepted and become
a part of the rezoning, the governing body shall hold a public hearing
in accordance with § 15.2-2204 of the Code of Virginia,
1950, as amended.
A.
Appeals to the Board may be taken by any person aggrieved or by an
officer, department, board, or bureau of the County affected by any
decision of the Administrator. Such appeal shall be taken within 30
days after the decision appealed from by filing with the Administrator
and with the Board a notice of appeal, specifying the grounds thereof.
The Administrator shall immediately transmit to the Board all papers
constituting the record upon which the action appealed from was taken.
An appeal shall stay all proceedings in furtherance of the action
appealed from, unless the Administrator certifies to the Board that,
by reason of facts stated in the certificate, a stay, in his opinion,
would cause imminent peril to life or property, in which proceedings
shall not be stayed otherwise than by a restraining order granted
by the Board or by the Circuit Court, on application and on notice
to the Administrator and for good cause shown.
B.
The Board shall fix a reasonable time for the hearing of an appeal,
give public notice thereof as well as due notice to the parties, in
interest, and decide the same within 60 days. The concurring vote
of three members shall be necessary to reverse any order requirement,
decision, or determination of the Administrator or to decide in favor
of the applicant.
C.
Any person or persons jointly or severally aggrieved by any decision
of the Board, or any taxpayer or any officer, department, board, or
bureau of the County, may present to the Circuit Court of the County
a petition specifying the grounds on which aggrieved within 30 days
after the filing of the decision in the office of the Board.
D.
Upon presentation of such petition, the Court shall allow a writ
of certiorari to review the decision of the Board and shall prescribe
therein the time within which a return thereto must be made and served
upon the Realtor's attorney which shall not be less than 10 days and
may be extended by the Court. The allowance of the writ shall not
stay proceedings upon the decision appealed from, but the Court may,
on application, on notice to the Board, and on due cause, grant a
restraining order.
E.
The Board shall not be required to return the original papers acted
upon by it, but it shall be sufficient to return certified or sworn
copies thereof or of such portions thereof as may be called for by
such writ. The return shall concisely set forth such fact as may be
pertinent and material to show the grounds of the decision appealed
from and shall be verified.
F.
If, upon hearing, it shall appear to the Court that testimony is
necessary for the proper disposition of the matter, it may take evidence
or appoint a commissioner to take such evidence as it may direct and
report the same to the Court with his findings of fact and conclusions
of law, which shall constitute a part of the proceedings upon which
the determination of the Court shall be made. The Court may reverse
or affirm, wholly or partly, or may modify the decision brought up
for review.
G.
Costs shall not be allowed against the Board, unless it shall appear
to the Court that it acted in bad faith or with malice in making the
decision appealed from.
H.
The time limitations for raising certain issues and filing certain
proceedings with the Board shall be the following:
(1)
No issue or alleged defect in the process of enactment of any
ordinance or map or any amendment thereto shall be raised in any proceeding
filed with the Board later than 30 days from the time such ordinance,
map, or amendment takes effect, unless the person raising such issue
alleges and proves that he failed to receive adequate notice of the
enactment or amendment. If such person has succeeded to his interest
after the enactment of the ordinance, adequate notice to his predecessor
in interest shall be deemed adequate notice to him.
(2)
No person shall be allowed to file any proceedings with the
Board later than 30 days after any application for development, preliminary
or final, has been approved by an appropriate County officer, agency,
or body, if such proceedings are designed to secure reversal or to
limit the approval. If such person has succeeded to his interest after
such approval, adequate notice to his predecessor in interest shall
be deemed adequate notice to him.
Application for variance from the terms of this chapter may be made by any property owner to the Board of Zoning Appeals when owing to special condition, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. The procedures set forth in § 175-19.11, inclusive, of this chapter shall be followed.
A.
Contents of application for variance. At a minimum, the application
for variance shall contain the following information:
(1)
Name, address, and phone number of applicant and owner;
(2)
Legal description of property;
(3)
Present zoning district;
(4)
Description of nature of variance requested;
(5)
A narrative statement demonstrating that the requested variance
conforms to the following standards:
[Amended 10-22-2019]
(a)
That the strict application of the terms of the ordinance would
unreasonably restrict the utilization of the property or that the
granting of the variance would alleviate a hardship due to a physical
condition relating to the property or improvements thereon at the
time of the effective date of the ordinance, or alleviate a hardship
by granting a reasonable modification to a property or improvements
thereon requested by, or on behalf of, a person with a disability;
(b)
The property interest for which the variance is being requested
was acquired in good faith and any hardship was not created by the
applicant for the variance;
(c)
The granting of the variance will not be of substantial detriment
to adjacent property and nearby properties in the proximity of that
geographical area;
(d)
The condition or situation of the property concerned is not
of so general or recurring a nature as to make reasonably practicable
the formulation of a general regulation to be adopted as an amendment
to the ordinance;
(e)
The granting of the variance does not result in a use that is
not otherwise permitted on such property or a change in the zoning
classification of the property; and
(f)
The relief or remedy sought by the variance application is not
available through a special exception process that is authorized in
the ordinance pursuant to Subsection 6 of § 15.2-2309, Code of
Virginia, or the process for modification of a zoning ordinance pursuant
to Subsection A4 of § 15.2-2286, Code of Virginia, at the time
of the filing of the variance application.
(6)
Signature of the applicant attesting to the truth of all information
required;
(7)
Other such information as may be required by the Zoning Administrator
in order for him to assist approving authority evaluate the application;
and
(8)
A fee as established by the governing body.
B.
Within 60 days after receipt of an application for variance and after
public notice as required by § 15.2-2204 of the Code of
Virginia, 1950, as amended, the Board shall hold a public hearing
on the requested variance.
[Amended 10-22-2019]
(1)
Within 100 days after public hearing required by § 175-19.11-2
of this chapter the Board shall either approve or disapprove the variance.
A variance shall be granted if the evidence shows that:
(a)
The strict application of the terms of the ordinance would unreasonably
restrict the utilization of the property or improvements thereon at
the time of the effective date of the ordinance, or alleviate a hardship
by granting a reasonable modification to a property or improvements
thereon requested by, or on behalf of, a person with a disability;
(b)
The property interest for which the variance is being requested
was acquired in good faith, and any hardship was not created by the
applicant for the variance;
(c)
The granting of the variance will not be of substantial detriment
to adjacent property and nearby properties in the proximity of that
geographical area;
(d)
The condition or situation of the property concerned is not
of so general or recurring a nature as to make practicable the formulation
of a general regulation to be adopted as an amendment to the ordinance.
(e)
The granting of the variance does not result in a use that is
not otherwise permitted on such property or a change in the zoning
classification of the property; and
(f)
The relief or remedy sought by the variance application is not
available through a special exception process that is authorized in
the ordinance pursuant to Subsection 6 of § 15.2-2309, Code of
Virginia, or the process for modification of a zoning ordinance pursuant
to Subsection A4 of § 15.2-2286, Code of Virginia, at the time
of the filing of the variance application.
(2)
In granting a variance, the Board may impose such conditions
regarding the location, character, and other features of the proposed
structure or use as it may deem necessary in the public interest,
and may require a guarantee or bond to ensure that the conditions
imposed are being and will continue to be complied with.
C.
Appeals on variances. Appeals from any decision of the Board of Zoning
Appeals on a variance shall be made in accordance with the provisions
of Section 19.10 of this chapter.
D.
Administrative variance.
(1)
The Zoning Administrator shall have the authority to grant variances
of 50% or less from any setback requirement contained in this chapter
provided that the Zoning Administrator finds in writing that:
(a)
The strict application of the ordinance would produce an undue
hardship;
(b)
Such hardship is not shared generally by other properties in
the same zoning district and the same vicinity; and
(c)
The authorization of the variance will not be of substantial
detriment to adjacent property and the character of the zoning district
will not be changed by the granting of the variance.
(2)
Prior to granting the variance, the Zoning Administrator shall
give all adjoining property owners written notice of the request for
variance, and an opportunity to respond to the request within 21 days
of the date of the notice. If any adjoining property owner objects
to said request in writing within the time period specified above,
the request shall be transferred to the Board of Zoning Appeals for
decision.
E.
Any variance granted to provide a reasonable modification to a property
or improvements thereon requested by, or on behalf of, a person with
a disability may expire when the person benefited by it is no longer
in need of the modification to such property or improvements provided
by the variance, subject to the provisions of state and federal fair
housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C.
§ 12131 et seq.), as applicable. If a request for a reasonable
modification is made to a locality and is appropriate under the provisions
of state and federal fair housing laws, or the Americans with Disabilities
Act of 1990 ( 42 U.S.C. § 12131 et seq.), as applicable, such
request shall be granted by the locality unless a variance from the
Board of Zoning Appeals under this section is required in order for
such request to be granted.
[Added 10-22-2019]
Applications for conditional uses may be made by the property owner, tenant, governing official, department, board, or bureau. Such application shall be made to the Administrator in accordance with rules adopted by the governing body. Procedures for the granting of a conditional use permit shall be set forth in § 175-19.12, inclusive, of this chapter.
A.
Contents of application for conditional use permit. At a minimum,
the application for a conditional use permit shall contain the following
information:
(1)
Name, address, and telephone number of the applicant and owner;
(2)
Nature and location of the conditional use;
(3)
Present zoning district;
(4)
A narrative statement evaluating the effects on adjoining property;
the effect of such elements as noise, glare, odor, fumes, and vibration
on adjoining property; a discussion of the general compatibility with
adjacent and other properties in the district; and the relationship
of the proposed use to the Mathews County Comprehensive Plan;
(5)
Evidence that the specific criteria set forth in the ordinance
for the conditional use requested will be met;
(6)
Signature of the applicant attesting to the truth of all information
required;
(7)
Other such information as may be required by the Zoning Administrator
in order for him to assist approving authority evaluate the application;
and
(8)
A fee as established by the governing body.
B.
Public hearing. Within 60 days after the receipt of an application
for conditional use, and after notice as required by § 15.2-2204
of the Code of Virginia, 1950, as amended, the Commission and the
governing body shall hold a joint public hearing on the conditional
use.
[Amended 10-22-2019]
C.
Action by the Planning Commission and the governing body.
(1)
The Commission shall have 70 days after the public hearing to
make a recommendation on the conditional use to the governing body.
Within 100 days after receipt of the Commission's recommendation the
governing body shall either approve or disapprove the conditional
use. The governing body may impose such conditions relating to the
use for which a conditional use permit is granted as it may deem necessary
to ensure compliance with the provisions and intent of this chapter
and may require a guarantee of bond to insure that the conditions
imposed are complied with.
(2)
Before issuing any conditional use permit, the Commission and
the Board shall review the particular facts and circumstances of each
proposed use in terms of the following standards and shall find adequate
evidence showing that such use at the proposed location:
(a)
Is in fact a conditional use and appears on the Official Schedule
of District Regulations, or elsewhere in the ordinance;
(b)
Will be harmonious with and in accordance with the general objectives
of the County's Comprehensive Plan and this chapter;
(c)
Will be designed, constructed, operated, and maintained so as
to be harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will
not change the essential character of the same area;
(d)
Will not be hazardous or disturbing to existing or future neighboring
uses;
(e)
Will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water and sewer, and schools; or that
the persons or agencies responsible for the establishment of the proposed
use shall be able to provide adequately any such services;
(f)
Will not create excessive additional requirements at public
cost for public facilities and services and will not be detrimental
to the economic welfare of the County;
(g)
Will not involve uses, activities, processes, materials equipment,
and conditions of operation that will be detrimental to any persons,
property, or the general welfare by reasons of excessive production
of traffic, noise, smoke, fumes, glare or odors;
(h)
Will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrounding
public thoroughfares;
(i)
Will not result in the destruction, loss, or damage of a natural,
scenic, or historic feature of major importance; and
(j)
Will not result in the destruction or degradation of sensitive
environmental features.
(3)
Before any conditional use permit shall be issued, the governing
body shall make written findings certifying compliance with the specific
rules governing individual conditional uses and that satisfactory
provision and arrangement has been made concerning the following,
where applicable:
(a)
Ingress and egress to property and proposed structures thereon,
with particular reference to automotive and pedestrian safety and
convenience, traffic flow and control and access in case of fire or
catastrophe;
(b)
Off-street parking and loading areas where required, with particular attention to the items in Subsection C(3)(a) above and the economic, noise, glare, or odor effects of the conditional use on adjoining properties and properties generally in the district;
(d)
Utilities, with reference to locations, availability and compatibility;
(e)
Screening and buffering with reference to type, dimensions and
character;
(f)
Signs, if any, and proposed exterior lighting, with reference
to glare, traffic safety, economic effect, and compatibility and harmony
with properties in the district;
(g)
Required yard and other open space; and
(h)
General compatibility with adjacent properties and other property
in the district.
A.
If in any district established under this chapter a use is not specifically
permitted and an application is made by a property owner to the Administrator
for such use, the Administrator shall refer the application to the
Commission. The Commission shall make its recommendations to the governing
body within 60 days as to whether:
Petitions brought by property owners or their agents shall be
sworn to under oath before a notary public or other official before
whom oaths may be taken, stating whether or not any member of the
Planning Commission or Board of Zoning Appeals had any interest in
such property either individually, by ownership of stock in a corporation
owning such land, or partnership, or whether a member of the immediate
household of any member of the Planning Commission or Board of Zoning
Appeals has any such interest.
