[Ord. No. 05-33, 12-20-2005]
Commercial subdivisions and industrial subdivisions shall comply with all of the requirements of this chapter, provided, however, that the agent may, upon a determination that the public interest is equally well served, waive or modify the following requirements:
The requirement that each lot created front on a public street or roadway provided that a notation to this effect shall be clearly shown on the final plat.
The requirement that through lots have access to only the roadway with the lesser traffic volume, provided, however, that the agent may require that access to the road with the lesser traffic volume be restricted or prohibited.
The requirement that new electric utility service be placed underground in industrial subdivisions provided, however, that this shall apply only to three-phase electrical service in industrial subdivisions in which unscreened outdoor storage is permitted. In granting such a waiver or modification, the agent shall review and determine the appropriate location for such overhead utility placement. Nothing in this subsection shall be interpreted to waive or modify any requirement of the zoning ordinance with respect to the location of on-site utilities.
Townhouse, multiplex, and condominium subdivisions shall comply with all of the requirements of this chapter as well as those contained in Chapter 24.1, Zoning, of this Code provided, however, that the agent may, upon a determination that the public interest is equally well served, waive the requirement that each lot created front on a public street or roadway. A notation to this effect shall be clearly shown on the final plat.
[Ord. No. 05-33, 12-20-2005]
The County board of zoning and subdivision appeals shall hear and decide appeals and applications for variances from the terms or administration of this chapter.
The board of zoning and subdivision appeals shall have the following powers and duties with respect to the subdivision ordinance:
To hear and decide appeals from any order, requirement, decision or determination made by the agent or other administrative officer in the administration and enforcement of this chapter, provided however, that the subdivider may appeal the failure of the agent to approve or disapprove a plan or plat within the timeframes contained herein or the disapproval by the agent of such a plan or plat directly to the circuit court in accordance with § 15.2-2259, Code of Virginia.
To authorize upon appeal or original application in specific cases a variance from the terms and conditions of this chapter as will not be contrary to the public interest, when, owing to special conditions, a literal interpretation and enforcement of the provisions will result in hardship and provided that the spirit of this chapter is upheld and substantial justice done, as follows:
When a property owner can show that his property was acquired in good faith and where by reason of the exceptional size, shape, topography, or other extraordinary condition of the specific property or of the use and development of immediately adjacent property, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the use of the property, or where the board of zoning and subdivision appeals is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided, that all variances shall be in harmony with the intended spirit and purpose of this chapter.
No variance shall be authorized by the board of zoning and subdivision appeals unless it finds:
That the strict application of the chapter would produce substantial injustice or hardship;
That such hardship is not shared generally by other properties;
That the granting of such a variance will not be of substantial detriment to adjacent property; and
That the condition or situation of the property concerned or the intended use of the property 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 this chapter.
In authorizing a variance, the board of zoning and subdivision appeals may impose such conditions regarding the location, character and other features of the proposal as it may deem necessary in the public interest, and may require performance guarantees to ensure that the conditions imposed are complied with and that such compliance will continue.
Appeals of administrative decisions or determinations shall be filed with the secretary of the board of zoning and subdivision appeals within 30 days of such decision having been rendered in writing, by any person aggrieved or affected by such decision or determination. Such application shall clearly state the grounds for appeal. The secretary shall transmit to the board of zoning and subdivision appeals the application, all supporting documentation, and all papers constituting the record upon which the appealed action was taken.
An appeal shall stay all proceedings in furtherance of the appealed action unless the agent certifies to the board of zoning and subdivision appeals that, by reason of the facts stated in such certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order granted by the board of zoning and subdivision appeals or by a court of record, on application and on notice to the agent for good cause shown.
Applications for variances may be filed with the secretary of the board of zoning and subdivision appeals by any subdivider. Such application and accompanying maps, plans or other information shall be promptly transmitted to the board of zoning and subdivision appeals and placed on the docket to be acted upon after public notice and hearing in accordance with § 15.2-2204 of the Code of Virginia. A copy of the application and accompanying documentation shall be transmitted to the planning commission which may send a recommendation or appear as a party at the hearing.
The board of zoning and subdivision appeals shall fix a reasonable time for the hearing of an application for a variance or an appeal, but in no case shall it be heard more than 75 days after a complete application, including fees, is filed with the secretary. Applications shall be decided no more than 90 days from the date the complete application was filed.
In exercising its powers and duties with respect to this chapter, the board of zoning and subdivision appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from. The concurring vote of a majority of the membership of the board of zoning appeals shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to effect a variance from the terms and conditions of this chapter.
The board of zoning and subdivision appeals shall keep minutes of its proceedings and other official actions with respect to this chapter, said minutes to be filed in the office of the secretary to the board of zoning and subdivision appeals and maintained as public records. The chairman of the board of zoning and subdivision appeals, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.
When the board of zoning and subdivision appeals has acted on an application with respect to this chapter, substantially the same application or appeal shall not be considered within one year of the date of action.
[Ord. No. 05-33, 12-20-2005]
Any person or persons individually or severally aggrieved by any decision of the board of zoning and subdivision appeals with respect to this chapter, or any taxpayer or any officers, department, board or bureau of the County may present to the circuit court of the County, within 30 days after the rendering of said decision by the board of zoning and subdivision appeals, a petition specifying the grounds on which aggrieved and the relief sought. The court shall review and decide on such petition in accordance with the provisions of § 15.2-2314, Code of Virginia.