Culpeper City Zoning Code
ARTICLE XV
PROVISIONS FOR APPEAL21
Editor's note— Case AMD-001-2015, adopted Dec. 8, 2015, repealed former §§ 27-402 and 27-403 and renumbered former §§ 27-405—27-407 as current §§ 27-402—27-404.
Cross reference— Administration, Ch. 2.
State Law reference— Board of zoning appeals, Code of Virginia, § 15.2-2308 et seq.
Sec. 27-401.- Joint board of zoning appeals.
There shall be created a joint board of zoning appeals, upon the lawful enactment of ordinances by the board of supervisors for the county and the town council, which shall consist of five (5) members, consisting of two (2) members from the county, two (2) members from the town, plus one (1) member from the area at large, to be appointed by the judge of the circuit court for the county.
(Ord. of 5-8-01; Case AMD-001-2015, 12-8-15)
Sec. 27-402. - Fee for appeal to board of zoning appeals and town council; application to board of zoning appeals for variance.
Every appeal to the board of zoning appeals or town council from a determination of the zoning administrator or architectural review board and every application for a variance shall be accompanied by a fee as governed by ordinance.
(Ord. of 5-8-01; Case AMD-001-2015, 12-8-15)
Sec. 27-403. - Length of time permitted to implement variance.
If any variance granted by the board of zoning appeals is not acted upon and put into effect within two (2) years after the date of such grant, then the variance shall be null and void and of no force and effect.
(Ord. of 5-8-01; Case AMD-001-2015, 12-8-15)
Sec. 27-404. - Administrative variance approval.
The zoning administrator may grant a variance of up to twenty-five (25) percent from any building setback requirement contained in the zoning ordinance if the administrator finds in writing that: (1) the strict application of the ordinance 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.
Prior to the granting of a variance, the zoning administrator shall give all adjoining property owners written notice of the request for variance, and an opportunity to respond to the request within twenty-one (21) days of the date of the notice. If any adjoining property owner objects to said request in writing within the time specified above, the request shall be transferred to the board of zoning appeals for decision. Costs of notices shall be the responsibility of the applicant.
(Ord. of 10-8-02; Case AMD-001-2015, 12-8-15)
State Law reference— Authority of zoning administrator, Code of Virginia, § 15.2-2286(4).