[Amended by Ord. of 7-10-1995(4)]
The circuit court of Southampton County is hereby requested
to appoint a board of zoning appeals for the City of Franklin consisting
of seven residents of the city in accordance with Code of Virginia,
§ 15.2-2308. Such board shall organize itself, adopt rules
of procedure, hold meetings, keep records, and exercise its general
powers and duties, all as prescribed in Code of Virginia, § 15.2-2308
et seq. The board may call upon any city officer or department for
information or assistance in the performance of its duties, and such
officer or department shall render such assistance as may reasonably
be required.
[Amended by Ord. No. 2004-18, 6-28-2004]
In accordance with Code of Virginia, § 15.2-2309 et
seq., the powers of the board shall be as follows:
(1)
Administrative review. The board shall have the power to hear and
decide appeals when it is alleged there is error in any order, requirement,
decision, or determination made by an administrative official or zoning
administrator in the administration and enforcement of this ordinance.
(2)
Variances. The board shall have the power to authorize upon appeal
or original application in specific cases such variance from the terms
of this ordinance as will not be contrary to the public interest,
when owing to special conditions a literal enforcement of the provisions
of this ordinance will result in unnecessary hardship provided that
the spirit of the ordinance shall be observed and substantial justice
done, as follows:
(a)
When a property owner can show that his property was acquired in
good faith and where by reason of the exceptional narrowness, shallowness,
size or shape of a specific piece of property at the time of the effective
date of the ordinance, or where by reason of exceptional topographic
conditions or other extraordinary situation or condition of such piece
of property, or of the condition, situation, or development of property
immediately adjacent thereto, the strict application of the terms
of the ordinance would effectively prohibit or unreasonably restrict
the utilization of the property or where the board 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 variance shall be in harmony with
the intended spirit and purpose of the ordinance.
(b)
No grant of variance shall be authorized unless the board 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 ordinance.
(c)
In authorizing 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.
[Amended by Ord. No. 2004-18. 6-28-2004]
(1)
The board shall have the power to hear and decide applications for
interpretation of the district map where there is any uncertainty
as to the location of a district boundary. After notice to the owners
of the property affected by any such question, and after public hearing
with notice as required by Code of Virginia, § 15.2-2204,
the board may interpret the map in such way as to carry out the intent
and purpose of the ordinance for the particular section or district
in question. The board shall not have the power to change substantially
the locations of district boundaries as established by ordinance.
(2)
In addition to the notice required by Code of Virginia § 15.2-2204
an applicant shall post the sign or signs provided to him or her by
the zoning administrator providing notice of the application on the
affected parcel or parcels of land in a location or locations clearly
visible from adjacent public streets or places within three days from
the filing of an application. In the event that the applicant fails
to post the sign(s) as required herein, the hearing shall be postponed
and the costs of providing additional notice shall be assessed against
the applicant.
[Amended by Ord. No. 2004-18, 6-28-2004]
(1)
Applications for variances may be made by any property owner, tenant,
government official, department, board or bureau. Such application
shall be made to the zoning administrator in accordance with rules
adopted by the board. The application and accompanying maps, plans
or other information shall be transmitted promptly to the secretary
of the board who shall place the matter on the docket to be acted
upon by the board.
(2)
No such variances shall be authorized except after notice and hearing
as required by Code of Virginia, § 15.2-2204. In addition,
an applicant shall post the sign or signs provided to him or her by
the zoning administrator providing notice of the application on the
affected parcel or parcels of land in a location or locations clearly
visible from adjacent public streets or places within three days from
the filing of an application. In the event that the applicant fails
to post the sign(s) as required herein, the hearing shall be postponed
and the costs of providing additional notice shall be assessed against
the applicant.
(3)
The zoning administrator shall also transmit a copy of the application
the local planning commission which may send a recommendation to the
board or appear as a party at the hearing.
(4)
The same or substantially the same application shall not be considered
by the board within a year of date of the original application.
An appeal to the board may be taken by any person aggrieved
or by any officer, department, board or bureau of the city affected
by any decision of the zoning administrator or from any order, requirement,
decision or determination made by any other administrative officer
in the administration or enforcement of this ordinance. Such appeal
shall be taken within 30 days after the decision appealed from by
filing with the zoning administrator, and with the board, a notice
of appeal specifying the grounds thereof. The zoning administrator
shall forthwith transmit to the board all the 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 zoning administrator certifies to the board that by reason
of facts stated in the certificate a stay would in his opinion cause
imminent peril to life or property, in which case proceedings shall
not be stayed otherwise than by a restraining order granted by the
board or by a court of record, on application and on notice to the
zoning administrator and for good cause shown.
The board shall fix a reasonable time for the hearing of an
application or appeal, give public notice thereof as well as due notice
to the parties in interest and decide the same within 90 days of the
filing of the application or appeal. In exercising its powers the
board may reverse or affirm, wholly or partly, or may modify, an order,
requirement, decision or determination appealed from. The concurring
vote of a majority of the membership of the board shall be necessary
to reverse any order, requirement, decision or determination of an
administrative officer or zoning administrator to decide in favor
of the applicant on any matter upon which it is required to pass under
this ordinance or to effect any variance from this ordinance. The
board shall keep minutes of its proceedings and other official actions
which shall be filed in the office of the board and shall be public
records. The chairman of the board, or in his absence the acting chairman,
may administer oaths and compel the attendance of witnesses.
[Amended by Ord. No. 2004-4, 5-24-2004 and by Ord. No. 2016-02, 2-8-2016 and 9-25-2023]
(1)
Any application for interpretation of the zoning map or variance
shall be accompanied by the prescribed fee to cover the cost of advertising
of public notices and expenses incidental to processing and reviewing
such application.
(2)
Any appeal to the board from any order, requirement, decision, or
determination of the zoning or other administrative officer in the
administration of this ordinance shall be accompanied by the prescribed
fee to cover the cost of advertising of public notice and expenses
incidental to processing and reviewing such appeal.
Any person or persons jointly or severally aggrieved by any
decision of the board of zoning appeals, or any taxpayer or any officer,
department, board or bureau of the city may present to the Southampton
Circuit Court a petition specifying the grounds on which aggrieved
within 30 days after the filing of the decision in the office of the
board as set forth in Code of Virginia, § 15.2-2314.
