(1)

In accordance with the provisions of the Code of Virginia, the board of zoning appeals heretofore established for the City of Petersburg, is hereby continued. The word "board" when used in this chapter [appendix] shall be construed to mean the board of zoning appeals.

(2)

The board shall consist of five (5) residents of the City of Petersburg, appointed by the judge of Hustings Court of Petersburg. Their terms of office shall be for five (5) years each, except that original appointments shall be made for such terms that the term of one member shall expire each year. The secretary of the board shall notify the court at least thirty (30) days in advance of the expiration of any term of office, and shall also notify the court promptly if any vacancy occurs Appointments to fill vacancies shall be only for the unexpired portion of the term. Members may be reappointed to succeed themselves. Members of the board shall hold no other public office in the city, except that one may be a member of the city planning commission. A member whose term expires shall continue to serve until his successor is appointed and qualifies.

(1)

All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the action of the board, and the vote of each member upon each question, or, if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(2)

All actions of the board shall be by resolution. The concurring vote of three (3) members of the board shall be necessary to reserve [reverse] any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant on any matter upon which it is required to pass, under this ordinance, or to effect any variation in the requirements of this ordinance.

(3)

The board may call on the city departments for assistance in the performance of its duties; and it shall be the duty of such departments to render such assistance to the board as may reasonably be required.

(1)

An application to the board of zoning appeals, in cases in which it has original jurisdiction under the provisions of this ordinance, may be made by any property owner, or tenant, or by any public officer, department, board or bureau. Such application shall be filed with the building inspector, who shall transmit the same, together with all the plans, specifications and other papers pertaining to the application, to the board of zoning appeals.

(2)

An appeal to the board of zoning appeals may be taken by any person aggrieved, or by any officer, department, board or bureau of the City of Petersburg, affected by any ruling of the building inspector or of any other administrative officer administering any portion of this ordinance. Such appeal shall be taken within a reasonable time, as prescribed by the rules of the board, by filing, with the building inspector and with the board, a notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board such notice of appeal, together with all the plans and papers constituting the record upon which the action appealed from was taken.

(3)

No such variance shall be authorized except after notice and hearing as required by article 28.

The board of zoning appeals shall have the following powers and duties:

(1)

To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer, in the administration or enforcement of this article or of any ordinance adopted pursuant thereto;

(2)

To authorize, upon appeal in specific cases, such variance from the terms of the ordinance as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement of the provisions will result in unnecessary hardship; provided, that the spirit of the ordinance shall be observed and substantial justice done, as follows:

When a property owner can show that his property was acquired in good faith, and where, by reason of exceptional narrowness, shallowness, size or shape, of a specified 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 use or development of property immediately adjacent thereto, the strict application of the terms of the ordinance would effectively prohibit or unreasonably restrict the use 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 variances shall be in harmony with the intended spirit and purpose of the ordinance.

No such variances shall be authorized by the board unless it finds:

(a)

That the strict application of the ordinance would produce undue hardship;

(b)

That such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

(c)

That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance.

No variance shall be authorized, unless the board finds that the condition or situation of the property concerned, or the intended use of the property, 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.

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 insure that the conditions imposed are being and will continue to be complied with.

(3)

To hear and decide appeals from the decision of the building inspector, or applications for such special exceptions as may be authorized in the ordinance. The board may imposed such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, and my require a guarantee or bond to insure that the conditions imposed are being, and will continue to be, complied with.

No such special exception may be granted except after notice and hearing as provided in article 28.

(4)

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 article 28, 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, however, to rezone property, or substantially to change the locations of district boundaries as established by ordinance.

In order to provide for adjustment in the relative locations of uses and buildings of the same or of different classifications; to promote the usefulness of this ordinance as an instrument for fact finding, interpretation, application and adjustment; and to supply the necessary elasticity to its efficient operation; special use exceptions are permitted by the terms of this ordinance. The following buildings and uses are permitted as special exceptions if the board of zoning appeals finds that, in its opinion, as a matter of fact, such exceptions will not substantially affect adversely the uses of adjacent and neighboring property permitted by this ordinance:

(1)

A transitional use between a business or industrial district and a dwelling district, where the side of a lot in a single-family residence district or two-family residence district abuts upon a lot zoned for business or industrial purposes as follows:

(a)

On a lot in a single-family residence district which sides upon a lot zoned for business or industrial purposes, the board may permit a two-family dwelling;

(b)

On a lot in the "R-3" Two-Family Residence District which sides upon a lot zoned for business or industrial purposes, the board may permit a multiple-family dwelling of not more than four (4) dwelling units;

(2)

Where a use district boundary line crosses a lot, a use of either classification on the whole lot;

(3)

Garage for more than four (4) cars, and covering more than nine hundred (900) square feet, in a residence district;

(4)

Commercial greenhouses and nurseries, provided that any structure shall not be less than one hundred (100) feet from all property lines;

(5)

The extraction of earth products, such as rock, gravel and sand;

(6)

The temporary and conditional permits, for a two (2) year period, for the following uses:

1.

Dog kennels, when accessory to a residential use, within the "A" Agricultural District, for up to ten (10) dogs, and within the "R-1A" and R-1" Single-Family Residence Districts only for kennels of four (4) to ten (10) dogs, on parcels of one or more acres in area, and with other conditions which may be imposed by the Board;

2.

Cat kennels, when accessory to a residential use, for the keeping or harboring of five (5) to twenty (20) cats;

3.

Riding stables and private stables;

4.

Rifle or pistol range, trap or skeet shooting;

5.

Miniature golf courses and driving ranges;

6.

Raising for sale, of birds, bees, rabbits and other animals, fish and other creatures, when accessory to a residential use;

(7)

The conditional use permit for a single mobile home under the provisions set forth in article 4-A, of the zoning ordinance;

(8)

An off-street parking area in a residence district, where such facility would relieve traffic congestion on the streets, and where said parking lot conforms to the following specifications:

1.

The land devoted to parking to be located adjacent to, and within two hundred (200) feet of, a commercial or industrial district;

2.

Walls, fences or planting shall be provided in a manner to afford protection for, and be in harmony with, surrounding residential property;

3.

The same front yard depth restrictions shall be required as are required in the zoning district in which the parking area is located;

4.

All driveways and the area used for the parking of vehicles shall be surfaced with a hard durable, dustproof material, and be properly drained;

5.

The area shall be used exclusively for parking of motor vehicles belonging to invitees of the owner or lessees of said lot.

6.

The approval of all plans and specifications for the improvement, surfacing, drainage, entrances and exits, or lights, for said parking area, shall be obtained from the director of public works;

7.

The area shall conform to such other requirements as the board, in the exercise of sound discretion, may require for the protection of surrounding property, persons, and neighborhood values;

(9)

Privately or commercially operated recreational lake, swimming pool, and tennis courts;

(10)

Off-street parking areas, adjacent to, or at a reasonable distance from, the premises on which parking areas are required by the parking regulations of this ordinance, where practical difficulties, including the acquisition of property, or undue hardships are encountered in locating such parking areas on the premises, and where the purpose of this ordinance to relieve congestion in the streets would best be served by permitting such parking off the premises;

(11)

To waive or reduce the parking and loading requirements in any district, whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot;

(12)

Repealed (Ordinance 95-95);

(13)

Additions or structural alterations to special uses, after they have been approved by the planning commission;

(14)

To determine, in cases of uncertainty, the classification as to district, of any use not specifically named in this ordinance; provided, however, such use shall be in keeping with uses specifically named in the district regulations;

(15)

In any "M-2" Heavy Industrial District, those uses which the board is required to pass by article 18, section 3, of this ordinance;

(16)

An exception to the area limitation in the sign regulations stated in article 21, section 5, subsection (2) of this ordinance, as those regulations pertain to churches or other institutions of religious nature;

(17)

Family day care homes in residential districts;

(18)

One-chair beauty/barber shops, with the following conditions:

(a)

Operating hours limited to forty (40) per week, Monday through Saturday;

(b)

No exterior alterations to the residence;

(c)

Not transferable upon sale or vacation;

(d)

Approval from the health department;

(e)

Services by appointment only;

(f)

No advertising of business with signs; and

(g)

Only members of the resident family may be employees.

(19)

Height may be exceeded for certain commercial uses, such as hotels, offices, and other desired economic development proposals that meet a Policy or Goal Objective of the City.

(Ord. No. 19-36, 7-2-2019)

The following special yard exceptions, limited as to location and especially in locations described below in this section, are permitted by this ordinance, if the board of zoning appeals finds, that in its opinion, as a matter of fact, such exception will not substantially affect adversely the uses of adjacent and neighboring property permitted by this ordinance, and provided such exceptions are approved by the board:

(1)

An exception in the yard regulations on a lot where, on the adjacent lot there is a front, side or rear yard that does not conform with such yard regulations;

(2)

A yard exception on a corner lot, or lots opposite or adjoining permanent open spaces, including parks and playgrounds;

(3)

An exception in the depth of rear yard, on a lot in a block where there are nonconforming rear yard conditions;

(4)

An exception where there are irregularities in depths of existing front yards on a street frontage, on the side of a street between two (2) intersecting streets, so that any one of the existing depths shall, for a building hereafter constructed or extended, be the required minimum front yard depth;

(5)

An exception to restrictions on building height both in feet and stories may be granted for commercial uses and other desired economic development proposals that meet a Policy or Goal Objective of the City.

(Ord. No. 19-36, 7-2-2019)

The board of zoning appeals shall have the power to grant the following variances:

(1)

A variation in the yard requirements in any district, so as to relieve practical difficulties or particular hardships in cases when, and where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of this ordinance, or by reason of exceptional topographical conditions or other extraordinary or exceptional situations or conditions of such piece of property, the strict application of the provisions of this ordinance would result in peculiar and exceptional practical difficulties to, or exceptional hardship upon, the owner of such property. Such grant or variance shall comply, as nearly as possible, in ever respect with the spirit, intent and purpose of the zoning plan; it being the purpose of this provision top authorize the granting of variation only for reasons of demonstrable or exceptional hardship, as distinguished from variations sought by applicants for purposes or reasons of convenience, profit, or caprice;

(2)

In authorizing a variance, the board may make such modification in the requirements of this ordinance as it may deem necessary to secure an appropriate development of a lot, and may impose such conditions regarding the locations, character and other features of the proposed building, structure or use as it may deem necessary in the interest of furthering the purposes of this ordinance and the public interest.

No such variance in the provisions or requirements of this ordinance shall be authorized by the board unless the board finds, beyond reasonable doubt, that all the following facts and conditions exist:

1.

That there are exceptional or extraordinary circumstances or conditions applying to the property in question, as to the intended use of the property, that do not apply generally to other properties or class of uses in the same zoning districts;

2.

That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same zoning district and in the vicinity;

3.

That the authorization of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purpose of this ordinance or the public interest.

No grant of a variance shall be authorized unless the board specifically finds that the condition or situation of the specific piece of property, or the intended use of said property, for which the variance is sought, one or the other or in combination, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations;

(3)

In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made.

Where in this ordinance special exceptions are permitted provided they are approved by the board of zoning appeals, where the board is authorized to decide appeals or approve certain uses, and where the board is authorized to approve variances, such approval, decision or authorization shall be limited by such conditions as the case may require, including, if necessary, any of the following specifications:

(1)

No outside advertising structures, except professional signs;

(2)

Limitation of signs as to size, type, color, location or illumination;

(3)

Limitation of outdoor advertising;

(4)

Amount, direction, and location of outdoor lighting;

(5)

Amount and location of off-street parking and loading space;

(6)

Cleaning or painting;

(7)

Gable roof, or other type;

(8)

Connected or disconnected with other buildings;

(9)

Exits, doors, and windows;

(10)

Paving, shrubbery, or ornamental or screening fence or wall;

(11)

Time of day or night for operating;

(12)

No store front;

(13)

No structural changes;

(14)

Control or elimination of smoke, dust, gas, noise or vibration caused by operations;

(15)

Such other conditions as are necessary.

After the board has approved a special exception or granted a variance, the special exception or variance so approved or granted shall lapse after the expiration of one year if no substantial construction or change of use has taken place in accordance with the plans for which such special exception or variance was granted, and the provisions of this ordinance shall thereafter govern.