[Amended 5-23-2017 by Ord. No. 17-13]
A.
Purpose and applicability. A zoning permit is a written order, requirement,
decision, or determination regarding the permissibility of a specific
use or density of property, or regarding the compliance of specific
land, buildings, structures, or the uses and development thereof with
the requirements of the City's zoning regulations. Prior to establishing,
expanding, altering, or otherwise changing (i) the use of property,
or (ii) the physical characteristics of a lot or parcel of land, including,
without limitation, the size, height, location or features of or related
to an existing or proposed building, structure, or improvements, a
property owner shall obtain a zoning permit from the Zoning Administrator.
B.
Process.
[Amended 10-24-2017 by Ord. No. 17-27]
(1)
Upon the official submission of an application for a permit,
the Zoning Administrator shall approve, approve subject to conditions,
or disapprove the application, based on its compliance with the requirements
of this chapter.
(2)
The Zoning Administrator shall act on a zoning permit application
without public notice, except as set forth within Code of Virginia,
§ 15.2-2204(H).
(3)
The Zoning Administrator shall respond within 90 days of a request
for a decision or determination on zoning matters within the scope
of his authority unless the requester has agreed to a longer period,
but the Zoning Administrator shall respond within 60 days of an application
for the co-location of one or more small cell facilities. The Zoning
Administrator may extend the sixty-day period in writing for a period
not to exceed an additional 30 days.
(4)
Every decision of the Zoning Administrator approving, approving
with conditions, or denying an accepted application for a zoning permit
shall be in writing. A denial shall state the reasons therefor.
(5)
The Zoning Administrator shall deliver to the applicant, by
first class mail or other means acceptable to the applicant, every
written decision. A copy of the written decision shall also be provided
to any persons who received notice of the application.
(6)
Unless a different provision applies, the written decision shall
include a statement informing the recipient that he or she may have
a right to appeal the decision within 30 days in accordance with Code
of Virginia, § 15.2-2311, and that the decision shall be
final and unappealable if not appealed within 30 days. The decision
shall state the applicable appeal fee and a reference to where additional
information may be obtained regarding the filing of an appeal.
A.
Purpose and applicability. Pursuant to the authority granted within Code of Virginia § 15.2-2286A(4), the Zoning Administrator is hereby authorized to grant a modification of any zoning regulation relating to physical requirements on a lot or parcel of land, including, but not limited to, size, height, location or features of, or related to, any building, structure, or improvements. However, this authority shall not extend to enlarging or reducing any average setback calculated under § 72-82.4B(2).
[Amended 5-23-2017 by Ord. No. 17-13; 2-11-2020 by Ord. No. 20-02]
B.
Public notice; appeals.
[Amended 5-23-2017 by Ord. No. 17-13]
(2)
The decision of the Zoning Administrator shall constitute a
decision within the purview of Code of Virginia § 15.2-2311,
and may be appealed to the Board of Zoning Appeals as provided by
that section. Decisions of the Board of Zoning Appeals may be appealed
to the Circuit Court as provided by § 15.2-2314.
C.
Review criteria - administrative modification. The Zoning Administrator
shall determine whether the application meets the following standards:
(1)
The strict application of the requirement would produce undue
hardship;
(2)
Such hardship is not shared generally by other properties in
the same zoning district and the same vicinity;
(3)
The authorization of the modification will not be of substantial
detriment to adjacent property and the character of the planned development
will not be changed by the granting of the modification; and
(4)
The modification to the regulation does not exceed 10% for residential
districts and 5% in commercial, industrial, and planned development
districts.
A.
Purpose and applicability. The Zoning Administrator is authorized
to grant minor expansions of nonconforming uses for reasonable continued
use of a property.
B.
Process.
(1)
Applications for minor expansions shall be made to the Zoning
Administrator.
(2)
A minor expansion may be approved by the Zoning Administrator
after public notice, and shall be in compliance with the requirements
of this chapter.
(3)
Public notice. An application for a minor expansion of a nonconforming use requires written, website, and posted notice under § 72-21.9.
[Amended 5-23-2017 by Ord. No. 17-13]
(4)
Submittal requirements for a minor expansion are contained in
the UDO Procedures Manual.
C.
Review criteria - minor expansion. The Zoning Administrator shall
determine whether the application meets the following standards:
(1)
Does not result in an increase in the number of seats, parking
spaces or students, if applicable, which exceeds more than 10% of
the existing amount;
(2)
Does not reduce the effectiveness of existing transitional screening,
buffering, landscaping or open space;
(3)
Does not result in changes to bulk, mass, orientation or location
which adversely impact the relationship of the development or part
thereof to adjacent property; and
(4)
Construction of any new building or structure, is limited to
the following: new accessory buildings or structures, and additions
to existing buildings or structures, provided that:
(a)
The sum total of all such structures or additions shall not
exceed the greater of: 500 square feet of gross floor area, or 5%
of the existing gross floor area (up to a maximum of 2,500 square
feet of gross floor area); and
(b)
The maximum permitted FAR for the zoning district shall not
be exceeded.
A.
Purpose and applicability. The Zoning Administrator is authorized
to grant a continuation or replacement of a more restrictive nonconforming
uses for reasonable continued use of a property.
B.
Process.
(1)
Applications for a change of nonconforming use shall be made
to the Zoning Administrator.
(2)
Such change may be approved by the Zoning Administrator after
public notice, and shall be in compliance with the requirements of
this chapter.
(3)
Public notice. An application for a change of a nonconforming use requires written, website, and posted notice under § 72-21.9.
[Amended 5-23-2017 by Ord. No. 17-13]
(4)
Submittal requirements for a change of nonconforming use are
contained in the UDO Procedures Manual.
C.
Review criteria - change of nonconforming use. The following criteria shall be used by the Zoning Administrator in determining whether, consistent with § 72-61.1, a particular use is a lawful continuation of an established nonconforming use or a more restrictive use:
(1)
The number and size of parking spaces serving the new use;
(2)
The appearance of the buildings and site on which the new use
is located;
(3)
The use, type, area, and appearance of new signs;
(4)
The intensity of the new nonconforming use, including the days
and hours of operation, traffic, noise, and similar impacts;
(5)
The lighting provisions on the site for the new use;
(6)
The landscaping provisions on the site for the new use;
(7)
The amount of vehicular traffic in the neighborhood; and
(8)
The potential effect on the fair market value of neighboring
properties from the new use.
[1]
Editor’s Note: Former §§ 72-24.5, General
process, 72-24.6, Review timing, and 72-24.7, Appeals, were repealed
5-23-2017 by Ord. No. 17-13.
