Franklin City Zoning Code
ARTICLE XXVII
Board of Zoning Appeals
§ 27.1 Creation of board.
[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.
§ 27.2 Powers of the board.
[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.
§ 27.3 Interpretation of map.
[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.
§ 27.4 Applications for variances.
[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.
§ 27.5 Appeal to board.
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.
§ 27.6 Procedures on appeal.
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.
§ 27.7 Fee for application or appeal.
[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.
§ 27.8 Appeal from decision of board.
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.