Frederick County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE X
Board of Zoning Appeals
§ 165-1001.01 Appointment; organization; terms.
A Board of Zoning Appeals shall be appointed by the Circuit Court according to the requirements and provisions of the Code of Virginia. The Board of Zoning Appeals shall organize and conduct itself according to all requirements of the Code of Virginia. The Board of Zoning Appeals shall consist of five members appointed for five-year terms.
§ 165-1001.02 Powers and duties.
A.
Administrative appeals. The Board of Zoning Appeals shall hear and decide appeals from any order, requirement, decision or determination made by the Zoning Administrator, Director of Planning and Development or other administrative officer with authority to administer or enforce the requirements of this chapter. The determination of the Zoning Administrator shall be presumed to be correct. At a hearing, the Zoning Administrator shall explain the basis for their determination, after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. The Board of Zoning Appeals shall consider any applicable ordinances, laws and regulations in making its decision.
[Amended 11-12-2015]
(1)
Procedures. An appeal to the Board of Zoning Appeals may be taken by any person, department, board, County or municipality aggrieved or affected by any decision of the Zoning Administrator. Such appeal shall be taken within 30 days after the decision by filing with the Zoning Administrator and Board of Zoning Appeals a notice of appeal specifying the grounds thereof. The Zoning Administrator shall transmit to the Board all the papers constituting the record upon which the action appealed was taken. An appeal shall stay all proceedings in furtherance of the action appealed 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.
(2)
The Board shall fix a reasonable time for the hearing of an application or appeal and shall give public notice thereof as well as due notice to the parties in interest. It shall decide the appeal within 60 days. The Board may reverse or affirm wholly or partly or may modify an order, requirement, decision or determination appealed according to the procedures described in the Code of Virginia.
B.
Map interpretations. The Board of Zoning Appeals shall hear and decide applications for the interpretation of the Zoning District Map after notice to the owners of the property affected and after a public hearing held according to the requirements of the Code of Virginia. The Board shall interpret the map in such a way as to carry out the intent and purpose of this chapter for the particular district in question. The Board shall not have the power to change substantially the locations of district boundaries as established by this chapter. The Board shall not have power to rezone property.
C.
Variances. The Board of Zoning Appeals shall hear and decide applications for variances from specific terms or requirements of this chapter in specific cases. Variances shall only be granted by the Board in the following cases:
[Amended 8-12-1992; 11-12-2015]
(1)
The burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that its application meets the standard for a variance as defined.
(2)
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;
(b)
Any hardship was not created by the applicant for the variance;
(c)
The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area;
(d)
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;
(e)
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
(f)
The relief or remedy sought by the variance application is not available through a conditional use permit process or the process for modification of a Zoning Ordinance.
(3)
No variance shall be granted for any proposed use, development or activity in the Floodway District that will cause any increase in flood levels during the one-hundred-year flood.
(4)
When considering a variance application located within the floodplain districts, additional factors contained in Article VII, § 165-702.18, must be followed.
D.
Procedures. Applications for variances shall be made to the Zoning Administrator in accordance with rules adopted by the Zoning Administrator. Plans, maps and other application materials shall be provided by the applicant as required. Variances shall be promptly transmitted to the Board of Zoning Appeals for public hearing. No variance shall be granted until after notice and a public hearing is held according to the requirements of the Code of Virginia. Applications for variances shall be accompanied by a nonrefundable fee in an amount as set by resolution of the Board of Supervisors from time to time.
[Amended 12-9-1992; 11-12-2015]
APPEALS AND VARIANCES | |
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E.
Conditions. In granting a variance, the Board of Zoning Appeals 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 guaranty or bond to ensure that the conditions imposed are being and will continue to be complied with.
F.
Decisions of the Board of Zoning Appeals may be appealed to the Circuit Court according to procedures set forth in the Code of Virginia.