A.
The Administrator and Planning Commission are given
authority by the Board of Supervisors to administer such sections
of this chapter as relate to their duties and are given authority
to approve subdivisions as provided in this chapter. The Board of
Supervisors retains the authority over those sections relating to
their duties.
B.
Specifically, but not in limitation, the Administrator
and the Planning Commission, as well as the Board of Supervisors,
shall have the authority, in the name of Warren County, to invoke
any legal measures necessary to prevent, restrain, correct or abate
any violation or attempted violation of any of the provisions or regulations
herein.
The Administrator, Planning Commission and the
Board of Supervisors shall perform their duties in regard to subdivision
and subdividing in accordance with this chapter and the Virginia Land
Subdivision and Development Act.
In addition to the requirements herein contained
for the platting of subdivisions, the Administrator, Commission or
Board may establish such administrative rules and procedures as it
deems necessary for the proper administration of this chapter.
Where phrases appear in this chapter related
to waiving or applying certain requirements in cases involving unusual
circumstances or site conditions, the determination of the need for
such waiver or application of requirements shall be made by the approving
authority.
[Added 1-17-1984]
A.
The Board of Supervisors may reduce or otherwise vary
the requirements of this chapter when strict adherence to the general
regulations would result in substantial injustice or hardship. In
granting such variances, the Board of Supervisors may attach and require
such conditions as it deems to be necessary to secure the basic objectives
of the varied regulations. The Board of Supervisors shall consider
each case on its own merits and shall not grant variances to these
regulations unless there is proof that substantial injustice or hardship,
as defined below, exists.
B.
The subdivider shall be required to produce evidence
justifying his contention that strict compliance with the requirements
of this chapter would cause substantial injustice or hardship. "Substantial
injustice or hardship" is defined as a situation meeting all of the
criteria listed below:
(1)
That, because of the particular physical surroundings,
shape or topographical conditions of the specific property involved,
a particular hardship to the owner would result, as distinguished
from a mere inconvenience.
(2)
That the conditions upon which the request is based
are unique to the property for which the variance is sought and are
not generally applicable to other property and have not been created
by any person having an interest in the property.
(3)
That the reason for the variance is not based exclusively
upon a desire for financial gain or avoidance of a financial loss.
(4)
That the granting of the variance will not be detrimental
to the public safety, health or welfare or injurious to other property
or improvements in the area in which the property is located.
(5)
That the injustice or hardship is not self-inflicted,
whether done deliberately or with clear negligence.
C.
No variance shall be authorized unless the Board of
Supervisors finds that 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 chapter.
D.
The subdivider shall further be required to make written application to the Planning Commission requesting the variance and to submit evidence in justification of his request. The application shall be accompanied by a fee as specified in § 155-9.
E.
The Planning Commission shall review the request and
shall forward a recommendation to the Board of Supervisors, which
shall contain the reasons for which the variance should or should
not be granted. Before acting on the request, the Commission may hold
a public hearing after proper advertisement and notification of adjacent
property owners pursuant to § 15.2-2204, Code of Virginia,
as amended.
[Amended 10-21-2008]
F.
After receipt of the application and recommendation,
the Board of Supervisors shall authorize advertisement of a public
hearing and notification of adjacent property owners pursuant to § 15.2-2204,
Code of Virginia, as amended. After the public hearing or within the
time limits prescribed in § 156-27, the Board of Supervisors
shall vote to approve or disapprove the variance in whole or in part.
[Amended 10-21-2008]
In the performance of their duties, the Administrator,
Planning Commission or Board of Supervisors may call for the recommendations,
either verbal or written, from other departments of the county or
state government or other agencies or individuals that the Administrator,
Planning Commission or Board of Supervisors believe may be of service.
