Colonial Heights City Zoning Code
ARTICLE VI
Administration
§ 286-602 Zoning Administrator; powers and duties.
A.
The Administrator, or a designee, shall have the following powers and duties:
(1)
Zoning permit: to issue or deny a zoning permit for the erection, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use. The Administrator shall also have the authority to revoke any zoning permit if violations of the provisions of this chapter occur.
(2)
Certificate of zoning compliance: to issue or deny a certificate of zoning compliance certifying construction and use in accordance with this chapter.
(3)
Collect fees: to collect any fees required or set forth in this chapter.
(4)
Making and keeping records: to make and keep all records required by state law or necessary and appropriate for the administration of this chapter.
(5)
Inspection of buildings or land: to inspect any building or land to determine if violations of this chapter have been committed or exist.
(6)
Enforcement: to enforce this chapter and take all necessary steps to remedy any condition found in violation of the provisions of this chapter.
(7)
Request assistance: to request the assistance of other local and state officials or agencies in the administration and enforcement of this chapter.
(8)
Interpretation: to interpret the official Zoning Map and provisions of this chapter, and offer written opinions on their meaning and applicability.
B.
The Administrator shall have all necessary authority on behalf of the City Council to administer and enforce this chapter including;
(1)
Ordering in writing the remedying of any condition found in violation of this chapter;
(2)
Insuring compliance with this chapter, bringing legal action, including injunction, abatement, or other appropriate action or proceeding subject to an appeal pursuant to § 15.2-2311 of the Code of Virginia; and,
(3)
In specific cases, making findings of fact, and, with the concurrence of the City Attorney, conclusions of law regarding determinations of rights accruing under § 15.2-2307 of the Code of Virginia.
C.
The Administrator may be authorized to grant a maximum of a ten-percent or a maximum of a one-foot variance (whichever is less) from any building setback requirement contained in this chapter if the Administrator finds in writing that:
(1)
The strict application of this chapter would produce undue hardship;
(2)
Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and
(3)
The authorization of the variance will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the variance.
D.
Prior to the granting of a variance, the Administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for variance, and an opportunity to respond to the request within 21 days of the date of the notice. If any adjoining property owner objects to such request in writing within the time specified above, the request shall be transferred to the Board of Zoning Appeals for decision pursuant to § 286-626 of chapter.
§ 286-604 Planning Commission powers, duties, composition.
A.
The Planning Commission shall have the right to exercise all of the powers and duties authorized by Section 17.12 of the Charter of the City of Colonial Heights and Title 15.2, Chapter 22 of the Code of Virginia.
B.
Consistent with the City Charter, the Planning Commission shall be composed of seven members, who shall be appointed by the City Council. One member of the Planning Commission shall be a member of City Council, and one shall be a member of the Board of Zoning Appeals. In addition to the seven members appointed by the City Council, the City Manager, or a designee, shall be a nonvoting member of the Planning Commission. All members shall be qualified by knowledge and experience to make decisions on questions of community growth and development.
C.
The Planning Commission shall develop, adopt and maintain bylaws or rules of procedure that govern its operation.
§ 286-606 Zoning permits.
A.
The Administrator shall issue a zoning permit for the erection, construction, reconstruction, moving, adding to, or alteration of any structure, or the establishment of any land use.
B.
It shall be the responsibility of the applicant to provide any information necessary for the Administrator to determine that the proposed use, building, or structure complies with all provisions of this chapter.
C.
For any use, building, or structure requiring an approved site plan, no zoning permit shall be issued, until such time as a site plan is submitted, reviewed and approved in accordance with § 286-506 of this chapter.
D.
For uses or structures not requiring an approved site plan, the Administrator shall determine, in accordance with this chapter, the type of information necessary to review the permit.
E.
All zoning permits issued shall be valid for a period of six months, unless the structure, use or activity for which the permit was issued has commenced. The Administrator may reissue any expired permit provided the structure, use and or activity complies with all applicable provisions of the chapter at the time of reissuance.
F.
The Administrator shall have the authority to approve the form and content of zoning permit applications.
§ 286-608 Building permits; relation to zoning.
A.
No building permit for the extension, erection, or alteration of any building or structure shall be issued before an application has been made and a zoning permit has been issued. No new or modified building or structure shall be occupied or used, or any new land use established until a certificate of zoning compliance has been issued by the City.
§ 286-610 Certificates of zoning compliance.
A.
A certificate of zoning compliance shall be required for any of the following:
(1)
Occupancy or use of a building that has been hereafter erected, enlarged, or structurally altered;
(2)
Change in the use of an existing building;
(3)
Occupancy or change in the use of vacant land except for agricultural uses not involving structures; and,
(4)
Any change in a nonconforming use, or any alteration of a nonconforming building or structure.
B.
A certificate of zoning compliance shall certify that the building or the proposed use, or the use of land, complies with the provisions of this chapter.
C.
If a certificate of zoning compliance is denied by the City, the City shall notify the owner or owner's agent of the denial. Such notice shall state the reasons for the denial, and the specific actions required on the part of the owner before the certificate of zoning compliance can be issued.
§ 286-612 Fees.
[Amended 9-13-2016 by Ord. No. 16-18]
A.
Administrative review fees for all permits and procedures specified in this Chapter shall be as follows:
Permit or Procedure | Fee Amount | ||
|---|---|---|---|
Rezoning/Comprehensive Plan change | $1,500 | ||
Special exception permit | $1,500 | ||
Site plan: preliminary | $500 | ||
Site plan: final | |||
First submittal | $750 + $35 per acre not to exceed $1,100 | ||
Second submittal | No charge | ||
Third and subsequent submittals | $250 per submittal | ||
Variance | $1,000 | ||
Fence | $50 | ||
Sign: permanent, per sign | $75 | ||
Sign: temporary, 45 days | $50 | ||
Sign: temporary, 180 days per year | $60 | ||
Wetland development | $350 | ||
Zoning opinion | $100 | ||
Certificate of zoning compliance | $100 | ||
Zoning permit | $50 | ||
B.
The administrative review fee for a special use permit application submitted pursuant to § 17.11-1 of the Colonial Heights City Charter shall be $1,500.
§ 286-614 Enforcement.
A.
The Administrator shall have the responsibility for enforcing the provisions of this chapter and may, as necessary, solicit the assistance of other local and state officials and agencies to assist with this enforcement.
B.
Violators of the provisions of this chapter shall be notified in writing of observed violations. The Administrator shall state in the written notice the nature of the violation, the date the violation was observed, and the remedy or remedies necessary to correct the violation. The Administrator shall establish a reasonable time period, of not less that 10 business days, for the correction of the violation.
C.
If the Administrator is not able to obtain compliance with these provisions criminal procedures may be initiated in accordance with City law and procedures.
§ 286-616 Penalties.
A.
A violation of this chapter shall be a misdemeanor punishable by a fine of not less than $10 nor more than $1,000. If the violation is uncorrected at the time of the conviction the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000. The continued failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than $100 nor more than $1,500.
B.
However, any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to $2,000. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000; and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of up to $7,500.
§ 286-618 Amendments to chapter.
A.
Whenever the public necessity, convenience, general welfare, or good zoning practice require, the City Council may, by ordinance, amend, supplement, or change these regulations, district boundaries, or classifications of property. Any such amendments may be initiated by:
(1)
Resolution of the City Council; or
(2)
Motion of the Planning Commission; or
(3)
Petition or application of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property which is the subject of the proposed Zoning Map amendment. Any petition submitted shall be in writing and shall be addressed to the City Council.
B.
The Administrator shall establish a schedule for the receipt of amendment applications. The Administrator shall also establish and maintain the amendment application materials. These application materials shall, at a minimum, include any information the Administrator deems necessary for the City staff, Planning Commission and City Council to adequately evaluate the amendment request. A concept plan shall accompany all Map amendment requests. The Administrator shall establish minimum standards for concept plans.
C.
The Administrator may require a pre-application conference with the prospective applicant. The purpose of the pre-application conference is to informally review the proposed amendment application to determine any issues and concerns that may emerge as part of the formal review of the application. The Administrator's comments on the proposed application shall be informal and shall not constitute a formal recommendation on the application.
D.
If the City Council denies any amendment application submitted for its review, or the application is withdrawn after City Council consideration, the City shall not consider substantially the same application for the same property within one year of the City Council action. The Administrator shall have the sole authority to determine whether new applications submitted within this one-year period are substantially the same. In making any such determination the Administrator shall have the authority to consider any items pertaining to the proposed use or development of the site such as, but not limited to, the uses proposed, densities, access, building locations, and overall site design.
§ 286-618.02 Planning Commission study and action.
A.
The Planning Commission shall study proposals to amend this chapter and determine:
(1)
Whether the proposed amendment conforms to the general guidelines and policies contained in the City's Comprehensive Plan;
(2)
The relationship of the proposed amendment to the purposes of the general planning program of the City, with appropriate consideration as to whether the change will further the purposes of this chapter and the general welfare of the entire community;
(3)
The need and justification for the change; and
(4)
When pertaining to a change in the district classification of property, the effect of the change, if any, on the property, surrounding property, and on public services and facilities. In addition, the Planning Commission shall consider the appropriateness of the property for the proposed change as related to the purposes set forth at the beginning of each district classification.
B.
Prior to making any recommendation to the City Council on a proposed amendment to this chapter, the Planning Commission shall advertise and hold a public hearing in accordance with the provisions of § 15.2-2204 of the Code of Virginia.
C.
The Planning Commission shall review the proposed amendment and report its findings and recommendations to the City Council along with any appropriate explanatory materials within 100 days after the first Planning Commission meeting after the proposed amendment is referred to the Planning Commission. Failure of the Planning Commission to report to the City Council shall be deemed a recommendation of approval. If the Planning Commission does not report within the prescribed time, the City Council may act on the amendment without the recommendation of the Planning Commission.
D.
Any recommendation of the Planning Commission shall be deemed advisory, and shall not be binding on the City Council.
§ 286-618.04 City Council study and action.
A.
The City Council shall hold a public hearing with public notice as required by §§ 15.2-2204 and 15.2-2285 of the Code of Virginia. The City Council may hold a joint public hearing with the Planning Commission. After holding this hearing, the City Council may make appropriate changes to the proposed amendment; provided however that no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public notice as required by § 15.2-2204 of the Code of Virginia.
B.
The City Council shall transmit to the Administrator official notice of any City Council action modifying this chapter. The Administrator shall thereafter have the responsibility to make any necessary and appropriate changes to the zoning text or Map.
§ 286-620 Conditional zoning; purpose.
A.
Any owner of a property being considered as part of a rezoning or amendment to the Zoning Map may voluntarily proffer, in writing, any reasonable conditions prior to the public hearing before the City Council, in addition to the regulations provided for the zoning district by this chapter.
B.
In such written proffer, the owner of the property shall state:
(1)
The manner in which the proposed rezoning itself gives rise to the need for the additional conditions and the reasonable relationship of such additional conditions to the rezoning.
(2)
The manner in which the conditions proffered are related to the physical development or physical operation of the property.
(3)
The fact that no cash contribution to the City has been solicited or offered as part of the proffer, as has no mandatory dedication of real or personal property, on or off site, for open space, parks, schools, fire departments or other public facilities.
(4)
The fact that, to the owner's best knowledge, such conditions are in conformity with the Comprehensive Plan of the City of Colonial Heights.
C.
Upon consideration of the proposed rezoning, the City Council shall consider the factors required to be addressed by Subsection B, above and shall concur therein before acceptance of any of the additional conditions proffered.
D.
No provision of this chapter shall be taken, however, to prohibit the proffer or requirement of dedications of real or personal property to a public purpose, either on or off site, to the extent otherwise permitted by law.
E.
No provisions of this section shall be construed to prohibit consultation concerning conditional zoning with the Administrator.
§ 286-620.02 Enforcement guarantees.
A.
The Administrator shall be vested with all authority provided by law to administer and enforce conditions attached to a rezoning or amendment to the Zoning Map pursuant to this chapter.
B.
The Administrator may require, with the approval of City Council and approval as to form by the City Attorney, a guaranty, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions approved hereby; or a contract for the construction of such improvements and the contractor's guaranty, in like amount and so conditioned, which guaranty shall be reduced or released by the Administrator upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part. Failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy or building permits.
§ 286-620.04 Records to be kept.
A.
The Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning on the Map. The Administrator shall keep in his office and make available for public inspection a Conditional Zoning Index. The Index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district or zone.
§ 286-620.06 Amendment of conditions.
A.
The City Council shall have the authority to amend such conditions in the same manner provided for amendment of zoning regulations generally. No amendment of conditions created pursuant to this chapter shall be granted until after a public hearing before City Council advertised pursuant to § 15.2-2204 of the Code of Virginia.
§ 286-620.08 Procedural requirements.
A.
All property owners submitting applications for review under conditional zoning shall comply with all other applicable procedural requirements of the Code of the City of Colonial Heights.
§ 286-622 Special exception permits.
A.
The procedures and standards contained in this section shall apply to all uses specifically permitted as special exceptions in the district regulations found elsewhere in this chapter.
B.
Special exceptions are hereby established in recognition that in addition to uses permitted by right, certain uses may, depending on their scale, design, location and conditions imposed by the City Council, be compatible with existing and future land uses in the district.
C.
The review and subsequent approval or disapproval of a special exception shall be considered a legislative act, and shall be governed by the procedures thereof.
§ 286-622.02 General standards.
A.
The Administrator may require a pre-application conference with the applicant for a special exception permit. The purpose of the pre-application conference is to informally review the proposed permit application to determine any issues and concerns that may emerge as part of the formal review of the application. The Administrator's comments on the proposed application shall be informal, and shall not constitute a formal recommendation on the application.
B.
No special exception permit shall be issued by the City Council unless the City Council shall find that in addition to conformity with any standards contained in Article IV, Use and Design Standards, the proposed special exception shall conform to the following general standards. These standards shall be met either by the proposal as submitted and thereafter revised by the applicant, or by the proposal as modified or amended as part of the review of the application by the Planning Commission or the City Council:
(1)
The proposal as submitted or modified shall generally conform to the City comprehensive plan; and
(2)
The proposal as submitted or modified shall have a minimum adverse impact on the surrounding neighborhood or community. Adverse impacts shall be evaluated with consideration to items such as, but not limited to, traffic congestion, noise, lights, dust, drainage, water quality, air quality, odor, fumes and vibrations. In considering impacts, consideration shall be given to the timing of the operation, site design, access, screening, and other matters that might be regulated to mitigate adverse impacts.
§ 286-622.04 Application requirements.
B.
Applicants shall provide at the time of application, information and/or data to demonstrate that the proposed use will be in harmony with the purposes of the specific zoning district in which it will be located. The applicant shall also have the responsibility to demonstrate that the proposed use will have minimum adverse impact on adjoining property and the surrounding neighborhood.
C.
All applications shall show the nature and extent of the proposed use and development. If phased development is envisioned, all phases shall be shown at the time of the original application.
D.
The Administrator shall establish and maintain special exception permit application materials. At a minimum, these materials shall require the submittal of a concept plan. Concept plans shall be developed to standards established by the Administrator.
§ 286-622.06 Review and action.
A.
City staff shall review all applications submitted. This review shall evaluate the proposal against the City's comprehensive plan and any specific or general standards for the use. The staff shall make a report of its findings and recommendations and transmit the report to the Planning Commission within 30 days of receiving a complete application.
B.
The Planning Commission shall review and make recommendations to the City Council concerning the approval or disapproval of any special exception permit. No such recommendation shall be made until after a public hearing is held in accordance with § 15.2-2204 of the Code of Virginia.
C.
The Planning Commission shall base its recommendation upon the review of submitted application materials, specific and general criteria contained in this chapter, comment received at the public hearing, and the evaluation and recommendation of the City staff. In making a recommendation to the City Council, the Planning Commission may recommend any conditions necessary to insure that the proposal is compatible with the surrounding neighborhood and community. However, any such conditions shall relate to the design, scale, use or operation of the proposed special exception. Where warranted, any such conditions may exceed specific standards found elsewhere in this chapter.
D.
The City Council shall grant or deny any application for a special exception permit. No such action shall be taken until the City Council receives the recommendation of the Planning Commission and a City Council public hearing is held in accordance with § 15.2-2204 of the Code of Virginia.
E.
In approving any special exception permit, the City Council may require and attach any conditions necessary to insure that the proposal is compatible with the surrounding neighborhood and community. However, any such conditions shall relate to the design, scale, use or operation of the proposed special exception. Where warranted, any such conditions may exceed specific standards found elsewhere in this chapter.
§ 286-622.08 Time limitations.
A.
The Planning Commission shall make a recommendation and report its findings to the City Council within 100 days from the date that the proposed special exception permit application is referred to the Planning Commission. Failure of the Planning Commission to report to the City Council within 100 days shall be deemed a recommendation of approval, and the City Council may act on the application without a recommendation from the Planning Commission.
§ 286-624 Nonconforming uses and structures.
A.
Within the zoning districts established by this chapter, by future amendments which may be adopted, by legitimate and legal actions taken by the City Council, or other governmental agency, there exist lots, parcels, structures, uses of land and structures, and characteristics of site design and/or use which were lawful before this chapter was adopted or amended, but which would be prohibited under the terms of this chapter or future amendment. Such structures, uses and characteristics, or any combination thereof, are considered nonconformities, and are hereby declared by the City Council to be inconsistent with the character of the districts in which they occur.
B.
Nonconformities are permitted to remain until removed, discontinued, or changed to conform to the provisions of this chapter. It is the intent of this chapter that the continuance of nonconformities shall not be indefinite, and that the nonconforming structures, uses, or characteristics shall gradually be removed.
C.
Nothing shall be construed to grant conforming status to uses or structures that existed as legal nonconforming uses prior to the adoption of this chapter, or amendment thereto, unless such uses or structures conform to all applicable provisions of this chapter.
§ 286-624.02 Nonconformities; relationship to vested rights.
A.
Nothing in this chapter shall impair any vested right. Pursuant to § 15.2-2307 of the Code of Virginia, a landowner's rights shall be deemed vested and shall not be affected by the subsequent amendment of this chapter if all of the following occur:
(1)
The landowner obtains or is the beneficiary of a significant affirmative governmental act;
(2)
The landowner relies in good faith on a significant affirmative governmental act; and
(3)
The landowner incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.
§ 286-624.04 Nonconforming uses of buildings, structures or land.
A.
Where at the effective date of this chapter or amendments thereto, lawful use exists of buildings, structures, or land, individually or in combination, which use is no longer permissible under the terms of this chapter as enacted or amended, such use may be continued provided:
B.
If buildings or structures containing a nonconforming use are enlarged, extended, reconstructed, or structurally altered, or if a nonconforming use of land is enlarged, or expanded in area, the use of the building, structure or land shall legally conform to the regulations of the zoning district in which they are located.
C.
No nonconforming use shall be enlarged, intensified, or increased, nor intensified to occupy a larger structure or building, than was occupied at the effective date of this chapter.
D.
No nonconforming use shall be moved in whole or in part to any portion of the lot or acreage unoccupied by such use at the time of the adoption or subsequent amendment of this chapter.
E.
No building or structure conforming to the requirements of this chapter shall be erected in connection with the nonconforming use of land.
F.
Where nonconforming use status applies to a building or structure, removal of the building or structure, or damage from any cause to an extent of more 50% of replacement cost at the time of damage, shall eliminate the nonconforming status of the building, structure or land.
§ 286-624.06 Nonconforming buildings and structures.
A.
Where a lawful building or structure exists at the time of the adoption or amendment of this chapter, which could not be built under the terms of this chapter, by reasons of restrictions on area, bulk, lot coverage, height, yards, or other characteristics of the building or structure, or its location on a lot, such building may be continued so long as it remains otherwise lawful provided:
(1)
No building or structure shall be enlarged in any way which increases or extends its nonconformity.
(2)
Any building or structure which is damaged by any means to an extent of more than 50% of its replacement cost at the time of damage shall be reconstructed only in complete conformity with the provisions of this chapter.
(3)
Any building or structure which is moved for any reason, for any distance, shall thereafter conform to the regulations of the district in which it is located after it is moved.
§ 286-624.08 Nonconforming site designs.
A.
If a zoning permit is requested for any type of modification to an existing structure or site, no legal nonconforming site design planned, approved, and constructed prior to the adoption of this chapter shall be required to comply in full with the provisions of this chapter. Only those site improvements directly related to, or affected by the modified use, structure or activity, shall be required to comply in full with the provisions of this chapter.
§ 286-626 Board of Zoning Appeals.
A.
The Colonial Heights Board of Zoning Appeals (BZA) shall consist of five regular members and one alternate, who shall be appointed by the City Council for terms of four years. The composition of the BZA, qualifications of members and the operation of the BZA, shall be in accordance with the City Charter.
B.
One member of the BZA shall be a member of the Planning Commission.
§ 286-626.02 Powers and duties.
[Amended 6-12-2018 by Ord. No. 18-4]
A.
The BZA shall have the power and duty:
(1)
To hear and decide appeals from any written order, requirement, decision, or determination made by any administrative officer in the administration or enforcement of this chapter. No such appeal shall be heard except after notice and hearing as provided by § 15.2-2204 of the Code of Virginia.
(2)
To grant upon appeal or original application in specific cases, a variance as defined in State Code § 15.2-2201, provided that the burden of proof shall be on the applicant to prove by a preponderance of the evidence that his application meets the standard for a variance as defined in § 15.2-2201 and the criteria set out in this section. Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, and (a) the property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; (b) the granting of the variance will not be of substantial detriment to adjacent and nearby properties in the proximity of that geographical area; (c) 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 this chapter; (d) the granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and (e) the relief or remedy sought by the variance application is not available through a special exception process that is authorized in this chapter or the process for seeking a variance pursuant to Subsection C of § 286-602 of this chapter.
B.
No variance request shall be evaluated by the BZA until after notice and hearing as provided by § 15.2-2204 of the Code of Virginia.
C.
In granting a variance, the BZA 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.
D.
The BZA shall have the power and duty to hear and decide appeals from any written decision of the Administrator. No such appeal shall be heard except after notice and hearing as provided by § 15.2-2204 of the Code of Virginia.
E.
The BZA shall have the power and duty to hear and decide applications for interpretation of the official Zoning Map where the Administrator believes there is uncertainty as to the location of a district boundary. No such determination shall be made except after notice and hearing as provided by § 15.2-2204 of the Code of Virginia.
F.
Any property owner affected by a determination of the location of the boundary must be notified by first class mail prior to any such determination. After notice and hearing the BZA may interpret the map in such a way to carry out the intent and purpose of this chapter. However, the BZA shall not have the power to change substantially the locations of the district boundaries as established by this chapter. This authority of the BZA to determine the location of district boundaries shall not be construed as the power to rezone property.
§ 286-626.04 Applications for variances.
A.
Applications for variances may be made by any property owner, tenant (with owner's permission), government official, department, or board or bureau of the City. All applications shall be submitted to the Administrator in accordance with rules adopted by the BZA. All applications and accompanying maps, plans or other information shall be transmitted promptly placed on the agenda to be acted upon by the BZA, within 90 days of the filing of the application. No such application shall be heard except after notice and hearing as provided by § 15.2-2204 of the Code of Virginia.
§ 286-626.06 Applications for appeals.
A.
Appeals to the BZA may be taken by any person aggrieved or by any officer, department, board, or bureau of the City affected by any decision of the Administrator, or from any order, requirement, decision, or determination made by any other administrative officer in the administration or enforcement of this chapter. Appeals must be made within 30 days after the entry of the decision appealed from by filing with the Administrator and with the BZA, a notice of appeal, specifying the grounds thereof. The Administrator shall forthwith transmit to the BZA all of 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 Administrator certifies to the BZA that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such cases, proceedings shall not be stayed unless a restraining order is granted by the BZA, or by a court of record, on application and on notice to the Administrator and for good cause shown.
§ 286-626.08 Procedures for variances and appeals.
A.
The BZA shall fix a reasonable time for the hearing of an appeal, give public notice thereof, as well as due notice to all parties of interest, and decide the same within 90 days of the filing of the appeal. In exercising its power, the BZA may reverse or affirm, wholly or partly, or may modify an order, requirement, decision, or determination appealed from.
B.
The concurring vote of the majority of the BZA shall be necessary to reverse any order, decision, requirement, or determination of an administrative officer, or to decide in favor of the applicant on any matter upon which the BZA is required to pass under the terms of this chapter, or to effect any variance from this chapter.
C.
The BZA shall keep minutes of its proceedings and other official actions which shall be filed in the office of the Administrator. All records shall be public records. The chairman of the BZA, or in the absence of the chairman, the acting chairman, may administer oaths, and compel the attendance of witnesses.
§ 286-626.10 Certiorari to review decision of BZA.
A.
Any person jointly or separately aggrieved by any decision of the BZA, or any taxpayer or any officer, department, board or bureau of the City, may present to the circuit court a petition specifying the grounds on which aggrieved. This petition must be filed within 30 days of the BZA's decision.
B.
Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the BZA and shall prescribe therein the time within which a return thereto must be made and served upon the relater's attorney, which shall not be less than 10 days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the BZA and on due cause shown, grant a restraining order.
C.
The BZA shall not be required to return the original papers acted upon by it but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds appealed from and shall be verified.
D.
If upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct, and report the same to the court with findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review.
E.
Costs shall not be allowed against the BZA, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from. In the event the decision of the BZA is affirmed, and the court finds that the appeal was frivolous, the court may order the person or persons who requested the issuance of the writ of certiorari to pay the costs incurred in making a return of the record pursuant to the writ of certiorari.