Text amendments to this chapter shall proceed through the standard public hearing process set forth in §
72-22.1, General procedures.
[Amended 1-10-2017 by Ord. No. 16-28; 5-23-2017 by Ord. No. 17-13]
A. Purpose and applicability. This section sets forth the procedures
for the Board of Zoning Appeals (BZA) to consider applications for
variances, appeals of administrative actions, and Zoning Map interpretations
as provided in Code of Virginia §§ 15.2-2309 and 15.2-2310.
B. Process.
(1)
Applications for variances shall be made to the Zoning Administrator
in accordance with rules adopted by the BZA pursuant to Code of Virginia
§ 15.2-2310.
(2)
A variance, appeal, or Zoning Map interpretation shall be heard
and decided by the BZA after notice and a public hearing. The Board
hearing shall be in compliance with the procedures set forth within
Code of Virginia § 15.2-2309.
(3)
Submittal requirements for a zoning variance are contained in
the UDO Procedures Manual.
C. Review criteria. The BZA shall apply the definitions in Code of Virginia
§ 15.2-2201, and the review criteria and burdens of proof
provided in Code of Virginia §§ 15.2-2308 through 15.2-2312,
in hearing and deciding any appeal, variance application, or Zoning
Map interpretation appeal.
D. Treatment of property as conforming. Notwithstanding any other provision
of law, the property upon which a property owner has been granted
a variance shall be treated as conforming for all purposes under state
law and this chapter. The structure permitted by the variance may
not be expanded, however, unless the expansion is within an area of
the site or part of the structure for which no variance is required
under this chapter. Where the expansion is proposed within an area
of the site or part of the structure for which a variance is required,
the approval of an additional variance shall be required.
E. Review authority and criteria, special exceptions; fences. The Board
of Zoning Appeals may hear and decide applications for a special exception
from the regulations governing fence heights in any front yard (including
a secondary front yard) in any zoning district. Special exceptions
may be granted in cases where the size, configuration, or other unusual
characteristic of the lot, including locations of existing mature
vegetation or trees, requires an exception from the zoning requirements
in order to provide a reasonable fenced area without creating significant
impact to adjacent properties or the neighborhood. The Board may impose
such conditions relating to the fence as it may deem necessary in
the public interest, including limiting the duration of the special
exception, and may require a guarantee or bond to ensure that the
conditions imposed are being and will continue to be complied with.
In considering an application, the Board shall apply the following
criteria:
(1) Whether
approval of the special exception will impair an adequate supply of
light or air to adjacent property, or cause or substantially increase
the danger of fire or the spread of fire, or endanger public safety,
including impacts to adequate sight lines.
(2) Whether
the proposal will be compatible with the existing character and pattern
of development in the surrounding neighborhood and facilitate an attractive
and harmonious community.
(3) Whether
the application represents the only reasonable means and location
on the lot to accommodate the proposed fence given the natural constraints
of the lot or the existing development on the lot.
(4) The
height of the proposed fence and the use of opaque or transparent
design; the use of a buffer area between the public right-of-way and
the fence. The fence shall not exceed six feet in height.
F. Review authority and criteria, special exceptions; signs in the Creative
Maker District. The Board of Zoning Appeals may hear and decide applications
for a special exception from the regulations governing sign height,
setback, and total permitted square feet within the Creative Maker
District. The Board may impose such conditions relating to the sign
as it may deem necessary in the public interest, Special exceptions
may be granted by applying the following criteria:
[Added 9-8-2020 by Ord.
No. 20-17]
(1)
The sign is no taller than 25 feet.
(2)
The sign is a prominent architectural feature of the building
on the site, architecturally compatible with neighboring character
structures.
(3)
The sign is in accordance with the purpose of the frontage and
building type for which it is proposed.
(4)
The sign is not a standard internally lit box sign.
G. The Board
of Zoning Appeals is authorized to revoke a special exception previously
granted by it, if the Board determines that there has not been compliance
with the terms or conditions of the special exception. No special
exception may be revoked except after notice and hearing as provided
in this section. However, when giving any required notice to the owners,
their agents, or occupants of abutting property and property immediately
across the street or road from the property affected, the Board may
give such notice by first-class mail rather than by registered or
certified mail.
H. Appeals.
Any person or persons jointly or severally aggrieved by an action
of the BZA, or any aggrieved taxpayer or any officer, department,
board or bureau of the City may file with the Clerk of the Circuit
Court for the City of Fredericksburg a petition, specifying the grounds
on which aggrieved within 30 days after the final decision of the
Board, pursuant to Code of Virginia, § 15.2-2314.