Loading...
HomeMy WebLinkAboutBoard of Zoning Appeals - Powers and Duties 1983 - Backfile• Board of Zoning Appeals Powers and Duties '1706SOLETE 1983 Department of Housing and Community Development / Local Development Programs • ABSTRACT TITLE: Powers and Duties of Boards of Zoning Appeals AUTHOR: Office of Local Development Programs Department of Housing and Community Development DATE: July 1983 SOURCE OF Department of Housing and Community Development COPIES: Office of Local Development Programs Fourth Street Office Building 205 North Fourth Street Richmond, Virginia 23219 NUMBER OF COPIES: 2000 NUMBER OF PAGES: 20 ABSTRACT: Boards of Zoning Appeals play an important role in the land use decisions made. in . their communities. Most members of these bodies, however, have little or no training in the planning field and the zoning laws which control land use. This document is a technical manual to assist members of boards of zoning appeals in carrying out their responsibilities. ACKNOWLEDGMENTS A Committee appointed by the Virginia Chapter, American Planning Association reveiwed drafts of this reportand offered many helpful suggestions. DHCD is grateful to members of this Review Committee and to the Virginia Chapter for its assistance. INTRODUCTION ;k Zoning regulations cannot be written to accommodate every circumstance " which arises from the controlof land uses. At times an interpretation is needed to determine if a variance in the application of specific terms of an ordinance is justified. Such judgments are the responsibility of the Board of Zoning Appeals.. The" powers and duties of the Board are discussed in the following pages. CONTENTS APPEALS PROCEDURE POWERS AND DUTIES OF BOARDS OF ZONING APPEALS What is a Board of Zoning Appeals? Why Do Boards of Zoning Appeals Exist? What Provision Has Been Made for the Creation of Board of Zoning Appeals? Who Establishes a Board of Zoning Appeals? What Are the Basic Powers of the Board of Zoning Appeals? What Are Additional Duties of the Board of Zoning Appeals? How Can a Board of Zoning Appeals Prepare for its Responsibilities? What Can the Board of Zoning Appeals Do to Avoid Improper Actions? In What Way Does the Board of Zoning Appeals Interpret the Zoning Ordinance? What is a "Special Exception" and How Does the Board of Zoning Appeals Deal With It? What Is a Variance and When Should One Be Granted by the Board of Zoning Appeals? What Are the .Consequences of Actions of the Board of Zoning Appeals? How Does the Virginia Freedom of Information Act Affect the Board of Zoning Appeals? How Does the Virginia Comprehensive Conflict of Interests Act Affect the Board of Zoning Appeals? APPENDIX ' Suggested Bylaws, Boards of Zoning Appeals Sample Form: Application for Variance Sample Form: Sample Motion on Variance Sample Form: Appeal to the Board of Zoning Appeals Page 1 3 3 3 3 4 4 5 6 7 8 9 10 13 13 14 15 • ZONING ORDINANCE ADMINISTRATOR BOARD OF ZONING APPEALS • CIRCUIT COURT SUPREME COURT C7 APPEALS PROCEDURE Applications may be made to the board of zoning appeals to request: 1. a special exception from the zoning ordinance, [ 1 ] 2. a variance from a provision of the zoning ordinance, 3. an interpretation of a zoning district boundary, and 4. an appeal from a decision of the zoning administrator. If the applicant or any aggrieved .party disagrees with . the board's decision, he may petition the circuit court to review the decision. If the applicant or any aggrieved party disagrees with the ruling of the circuit court, he may appeal to the state Supreme Court. [ 1 ] In some localities, the governing body may reserve this function for itself. POWERS AND DUTIES OF BOARDS OF ZONING• APPEALS 1. WHAT IS A BOARD OF ZONING APPEALS? The board of zoning appeals (BZA) is a quasi-judicial body established under state law to provide relief in special cases where the exact application of the terms of the ordinance would be unduly restrictive and cause a hardship. Its function is to hear and decide upon the interpretation and the application of the provisions of the zoning ordinance in these cases. Although the board has certain discretionary powers in making its decisions, these powers have definite limits. The board must always abide by and comply with the powers granted to it by the local zoning ordinance and the state enabling act. The local zoning ordinance may not confer powers on the board which are not authorized by the state enabling act. 2. WHY DO BOARDS OF ZONING APPEALS EXIST? A zoning ordinance cannot provide for all conceivable situations to which it must apply. Provisions must be made to balance the strict application of the ordinance with the purposes and intent established by the ordinance. The primary function of the BZA is to vary the specific terms of the zoning ordinance so that practical development problems of the community may be met within the provisions of the ordinance. In effect the board acts as a "safety valve." Without this body to decide on such matters, solutions to these development problems would have to be accomplished by amendment of the ordinance or through a lawsuit. 3. WHAT PROVISION HAS BEEN MADE FOR THE CREATION OF BOARDS OF ZONING APPEALS? Sections 15.1-486 through 15.1-498 , Code of Virginia (1950) , as amended, which permit cities, towns, and counties to adopt zoning ordinances, provide for the creation of a BZA, and defines the powers and duties of the board. When a community adopts a zoning ordinance, it must create the board to carry out the functions as set out in the state law. 3 0 4. WHO ESTABLISHES A BOARD OF ZONING APPEALS? • A. The BZA is appointed by the circuit court of the county or municipality, unless otherwise permitted by charter . [ 1 ] The governing body may provide a list of eligible candidates which the court may consider in malting its selection. B . The BZA appointed by the court shall consist of five or seven residents, each to serve for a term of five years. Original appointments shall be .made for staggered terms. Members may be removed for just cause by the appointing authority upon written charges and after a public .hearing held after at least fifteen days' notice. Vacancies for the unexpired term of any member whose office becomes vacant shall be filled by the circuit court. C. Counties and municipalities may, by ordinances in each jurisdiction, create a joint BZA. Two members from each jurisdiction and one member at large are appointed by the circuit court. 5'. WHAT ARE THE BASIC POWERS OF THE BOARD OF ZONING APPEALS? The BZA shall: A.' Hear and decide appeals from any order, requirement, decision, or determination made by the zoning administrator or an administrative official in enforcing or administering the zoning ordinance. B . Authorize, upon request in specific cases, such variances from the terms of the zoning ordinance as will not be contrary to the public interest: (1) . When, owing to special conditions, a literal enforcement of the provisions of the zoning ordinance will result in unnecessary and undue hardship; (2) When such hardship is not shared generally by other properties in the same zoning district and the same vicinity; [11 Some cities and towns have charter provisions which permit- the governing body to appoint the members of the board of zoning appeals. 4 (3) Wheri the authorization of such .variance .will not be of substantial detriment to adjacent property or change the �.. character of. the district. C. Hear and decide applications for interpretation of a zoning district map where there is uncertainty as to the location of a district boundary. D. Hear and decide applications for special exceptions (use permits) authorized by the zoning ordinance provided the B ZA is permittedby the ordinance to - consider such exceptions. 01 In exercising the above enumerated powers, the BZA may reverse or affirm, wholly or partly, or modify any order, requirement, decision or determination under review. No provision of the law shall be construed as granting any board the power to rezone property. 6. WHAT ARE ADDITIONAL DUTIES OF THE BOARD OF ZONING APPEALS? A. The B ZA shall: (1) Make, alter, or rescind rules and forms for its procedures consistent. with the zoning ordinance; (2) Keep minutes of its proceedings, which include the vote of each member on each question, and records of its investigations and other official actions; and (3) File its records in the office of the board and maintain them as a public record. B. Within sixty days from the filing of an application, the board shall: (1) Fix a reasonable time for a hearing; (2) Give public notice of the time of the hearing in accordance with § 15.1-431, Code of Virginia (1950) , as amended; (3) Give due notice to the interested parties; and (4) Decide the appeal. 5 0 C . Meetings of the BZA shall: • (1) Be held at the call of the chairman and at such other times as the board may determine; and (2) Be .open to the public. D. The concurring vote of a majority of the board shall be necessary to: (1) Reverse any order, requirement, decision or determination of any administrative official; (2) Decide in favor of the applicant on any matter which it is required to consider under the zoning ordinance; or (3) Effect any variation in a zoning ordinance. 7. HOW CAN A BOARD OF ZONING APPEALS PREPARE FOR ITS RESPONSIBILITIES? The BZA should consider taking the following steps in order to prepare itself for its part in the administration of 'the zoning ordinance: A. Study Virginia's zoning enabling law. Sections 15.1-486 through 15.1-498, Code of Virginia (1950), as amended, which permit political subdivisions to adopt a zoning ordinance, include a statement on the exact powers given to a BZA. These sections also set forth requirements for board organization and rules of procedure. B. Study your community's zoning ordinance. An understanding of .the zoning ordinance is essential to the proper functioning of a, BZA. Only by understanding the community's zoning will it be possible for the BZA to determine the purpose and intent of the zoning ordinance. C. Meet with the planning commission and other local officials. The BZA may meet with the local planning commission to review the studies which it undertakes in preparing and amending the zoning ordinance. In such discussions, the BZA should keep in mind the relationship between the 6 comprehensive plan and the zoning ordinance. The ordinance is one method. of implementing the recommendations of the plan. The BZA may also wish to call on the planning commission for its recommendation on specific cases relating to the overall comprehensive plan. 8. WHAT CAN THE BOARD OF ZONING APPEALS DO TO AVOID IMPROPER ACTIONS? A. Establish rules. Definite rules of procedure will help the board to give proper consideration to all cases coming before it. Such rules will assure more uniform treatment of all matters before it. All boards should consider the adoption of bylaws that state specifically how facts are to be presented, and how public hearings shall be conducted (the Appendix, contains sample bylaws and a sample format for considering variances) . B. Distribute information. Full public information on board actions helps the board to carry out its duties. In addition to the formal legal notices that are required, news storieson facts presented before the board and the basis for board decisions are beneficial. Likewise, signs placed on property indicating . that the board is holding .a public hearing to consider a special exception or variance will also promote public understanding of the board's work. C . Keep records. Actions of the BZA are always subject to court review. It is recommended that the board keep complete records of the facts presented to it, the decisions reached by it, and the reasoning behind the decisions. The adoption of standard forms (see the Appendix) and procedures will reduce the possibility of mistakes. D. Seek information. On legal matters, the board may seek an opinion from the locality's legal advisor. The Virginia Department of Housing and Community Development maintains resource material on zoning law, administration, and procedures. it Other sources to consult include: recent case law from the state Supreme Court, the Virginia Civil Digest (opinions of the Attorney General) , and planning research publications (e.g., Planning Advisory Service of the American Planning Association) . Two major reference books are American Planning Law by Norman Williams, Jr. (5 vols. , Chicago: -Callaghan & Co., 1974) and Zoning Law and Practice by E. C. Yokley (4th edition, 8 vols., arlottesville Michie Co., 1980) . 9. IN WHAT WAY DOES THE BOARD OF ZONING APPEALS INTERPRET THE ZONING ORDINANCE? Questions which arise over the•,meaning of a particular, provision of a zoning ordinance are decided by the BZA. For example, an ordinance may list specific uses permitted in neighborhood business districts and, in addition, may permit "any similar business or service which is established for the convenience of neighboring residents." Among the permitted uses listed is a service station. An application requests a permit for a repair garage, claiming that it meets the conditions for this district as set forth in the ordinance. The zoning administrator agrees that the garage would be for the "convenience of neighboring residents" but denies that it is similar- to a service station. The permit is refused and an appeal for interpretation is made to the BZA. An interpretation may also be needed when an applicant for a building permit disagrees with the zoning administrator regarding the location of a boundary line between districts. For example, the line between a business and an industrial district may be in question in regard to the applicant's property. An appeal for a decision on the exact location of the district boundary is made to the board. Although most zoning ordinances clearly define the term "customary home occupations," they do not ordinarily list all of the specific uses that can be included in this category. An applicant may be denied a building permit to remodel a portion of a residence for use as a beauty shop. The applicant, believing this to be as much of a home occupation as dressmaking or taking in boarders, appeals to the board for a decision. 0 10. WHAT IS A "SPECIAL EXCEPTION" AND HOW DOES THE BOARD OF ZONING APPEALS.:, DEAL WITH IT? A use that is not compatible with other uses permitted in the district can be allowed by a special exception (use permit) which may be granted by the BZA. The board may apply conditions to the approval of a special exception. The board's power to grant the exceptions must be stated in the ordinance. For example: Within a residential district, where single-family dwellings are permitted by right, the following uses are permitted by. special exception: municipal, county, state or federal uses; public parks; public utilities; cemeteries; and hospitals for human care; provided, however, that no permit shall be issued for these . uses without written approval of the BZA and subject to such- conditions as the board may require to preserve and protect the character of the district and otherwise promote. the purpose of this ordinance. The zoning administrator must transmit to the BZA applications for permits requiring special exceptions. The board, in reviewing the application, will investigate the type of use proposed, its impact on the surrounding neighborhood, the size of the main building and other structures, the amount of yard and open space and, on the basis of these and other related facts, determine whether or not the use as proposed is in conflict with the zoning ordinance. Requests for special exceptions from the zoning ordinance are heard and decided on a case by case basis. Each case is reviewed on its own merits, appropriateness and compatibility within a given zoning district. Special exceptions therefore are treated differently from permitted uses which are regulated uniformly within the zoning district. If the board finds the use as proposed is in conflict with the purpose and intent of the ordinance, it may require that certain conditions be met before approval is given. These conditions may include requirements for a greater amount of open space, the use of mechanical devices to control dust and smoke, or specific locations for driveways. The facts of the case must, however, indicate that fulfillment of the required conditions is necessary to carry out the intent of the ordinance. Once the BZA has given written approval to an application for a special exception, the zoning administrator must issue a permit, subject to the conditions which the board has imposed. 9 .. Since the planning commission is the body which undertakes the studies resulting in the adoption of the zoning ordinance, the BZA should seek its advice in granting special exceptions. The planning commission can be of particular help in determining the intent of the ordinance and deciding what conditions might be imposed in specific cases. • 11. WHAT IS A VARIANCE AND WHEN SHOULD ONE BE GRANTED BY THE BOARD OF ZONING APPEALS? A. Variances permitted under the powers granted to the board are not adjustments of a particular provision of the ordinance. They are, rather, the relaxation of a specific requirement of the ordinance when circumstances warrant it. For example, an applicant for a building permit in a residential district may find that the 30-foot front yard requirement of the ordinance cannot be applied to his particular lot if he is to use it for residential purposes. To avoid a stream running through the lot, it may be necessary to locate the house less than 30 feet from the street. In this case, the BZA may review the facts relating to the particular lot and permit the front -yard requirement to be reduced from 30 to 20 feet, without destroying the intent of the'ordinance. B . In granting a variance, the board may not make any decision which is contrary to the purpose and intent of the zoning ordinance. For example, it has no power to permit business establishments to invade residential districts in which such business uses are prohibited nor may it permit residential uses to invadea business or industrial district. To do so is not an adjustment to the zoning ordinance but would constitute an amendment to it. Amendments can be made only by the governing body. C. A situation which applies generally throughout an area may not be rectified by granting a variance. Such matters should be handled through an amendment to the zoning ordinance by the governing body. There is . no basis for granting an adjustment in the provisions of a zoning ordinance unless the zoning for a particular parcel of land presents peculiar, special, or unique conditions that would prohibit or r unreasonably restrict use of the property. D. The board may not grant a variance unless strict application of the terms of the zoning ordinance prevents a reasonable use of the property. A reasonable use is not necessarily the 10 most profitable use of the property. Each application for a variance must meet several conditions. or. tests before the application may be approved by the board.' E. Undue hardship must be proven. A variance issued fora lesser reason or simply because the board feels it is doing "justice" constitutes an invalid application of board authority. There is no hard and fast definition of "undue hardship." It is essential to hear all the facts and measure each case on its own merits. Below are some guidelines, based on legal precedent, for applying the concept of undue hardship. u (1) The premises cannot be used in a manner permitted by the zoning ordinance unless the variance is granted. (2) 'A strict application of the terms of the zoning ordinance will preclude its use for any purpose to which the land is reasonably adapted (e.g., a pre-existing 18,000 sq. ft. lot in a residential district requiring a minimum 20,000 sq. ft. lot).. • (3) Inability to put the property to its most profitable use does not constitute "undue hardship . " (4) Mere inconvenience to the applicant is not sufficient grounds for "undue hardship . " (5) Loss or gain of monetary value is not a proper criterion in determining "undue hardship." (6) The burden of proof of "undue hardship" rests upon the applicant and, without such proof, a variance must be denied. Furthermore, the hardship must be peculiar to the lot in question and must not be common to other properties in the district. If the condition of hardship is common to other properties, the governing body should consider a change in the zoning ordinance. The granting of a variance in such cases is improper. The board should notify the governing body of the need for a change. (7) Sometimes, the B ZA uses the existence of nonconforming uses of nearby lands or buildings as the basis for granting a variance. Such a procedure violates sound zoning principles and raises serious legal questions. 11 The board may not, grant a variance to permit a use not generally permitted in a district nor shall it grant a variance for any use prohibited by the terms of the existing ordinance. (8) The hardship must be created by a strict application of the. ordinance. If the hardship is self-imposed, caused by an action of the owner, the applicant, or some other agent, relief by means of a variance may not be granted (e.g. , the placement of an accessory structure on a lot so as to violate the yard requirements of an ordinance) . To summarize, in granting a variance: A. The public interest must be served. A major consideration in deciding on an appeal for a variance is whether granting the adjustment will serve the public good. The board may not grant an adjustment when the action would injure and endanger other property or persons. In considering the public interest, it is important to review the purpose of zoning stated in Virginia law (§15.1-489 Code of Virginia (1950) , as amended) :. Such ordinances shall be designed to give- reasonable consideration to each of the following purposes , where applicable: (1) to provide for adequate light, air, convenience of access, and safety from fire, flood and other dangers; (2) to reduce or prevent congestion in the public streets; (3) to facilitate the creation of a convenient, attractive, and harmonious community; (4) to facilitate the provisions of adequate police and fire protection, disaster evacuation, civil defense, transportation, water,, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements; (5) to protect against destruction of or encroachment upon historic areas; (6) to protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and .transportation, or loss of life, health, or property from fire, flood, panic or other dangers; and (7.)_ to encourage economic development activities that provide desirable employment and enlarge the tax - base; and (8) to provide for the preservation of agricultural and forestal lands." 1.2 • B : The spirit of the ordinance must be upheld. It is incumbent upon the BZA to see that granting a variance, will not be contrary to the general land use plan which the. ordinance carries out. The board may not take actions that alter the provisions of the ordinance. In granting a variance, the board must be convinced that its action is in harmony with the ordinance. C. Substantial justice must be done. In its decision on an appeal for a variance, it is the duty of the board to see that substantial justice is done to all parties concerned -- the applicant, the people directly affected, and the general public. 12. WHAT ARE THE CONSEQUENCES OF ACTIONS OF, THE BOARD OF ZONING APPEALS? An applicant or any aggrieved party who disagrees with a decision, or any part of a decision, by the BZA may appeal to the courts. In such cases, the burden of proof is on the appellant. The board's decision or actions will be ruled against if the court finds them: A. to be contrary to the provisions of the zoning ordinance; B . to exceed the powers granted to the board; or C . to be arbitrary and unreasonable. In making its decision, the board should be able to demonstrate that it applied generally established standards in a fair and equitable manner. 13. HOW DOES THE VIRGINIA FREEDOM OF INFORMATION ACT AFFECT THE BOARD OF ZONING APPEALS? The Virginia Freedom of Information Act (§ §2.1-340-2.1-346.1, Code of Virginia (1950), as amended) provides that barring a few narrowly defined exceptions, meetings and official records of public bodies such as the BZA must be open to the public. Therefore, any gathering of a quorum of the board to discuss official business is illegal unless the public has access to the meeting. A meeting is considered to be public so long as it is held in such a manner that the public is not denied access to it. 13 • There is no requirement that meetings be previously announced by general public notice. There is, however, a requirement that an individual who has requested notification in writing to be notified of all meetings. Public hearings must be advertised by public notice as required in §15.1-431 of the Code of Virginia (1950); as amended. Executive (closed) meetings of the BZA are allowed provided that discussion is limited to matters listed in the Virginia Freedom of Information Act. Before going into a closed meeting, the board must vote to do so in an open meeting and decide the general subjects to be discussed. Any decisions made or actions taken in a closed meeting must be voted upon again at an open meeting. 14. HOW DOES THE VIRGINIA COMPREHENSIVE CONFLICT OF INTERESTS ACT AFFECT THE BOARD OF ZONING APPEALS? The Virginia Comprehensive Conflict of Interests Act (§§2.1-599- 2.1-634, Code of. Virginia (1950), as amended) provides that a BZA member may not accept money or anything of value for services performed except for salary received for serving on 'the board. Neither may a member offer or accept compensation in consideration. of obtaining a board appointment, disclose confidential information for personal gain, accept compensation to influence decisions, nor accept a business or job that is intended to influence his conduct in the performance of duties. A member shall have no contract with his locality other than his employment contract unless; (1) awarded as the result of sealed bidding or competitive negotiations; or (2) it is awarded after finding by the locality that competitive bidding or negotiation is not . in the public's best interest. A BZA member shall disqualify himself from any board transaction which he. has personal interest or would stand to benefit. However, if the transaction affects the public generally, including the board member, disqualification is not necessary. If there is less than a quorum after board members disqualify themselves, the remaining members who are qualified to vote may decide the issue by majority vote. BZA members in localities over 3,500 population must file a disclosure statement as a condition of employment. Disclosures of financial and real estate interests, including businesses and corporations developing local real estate, must be made each January. Disclosure forms are available from the local circuit court clerk. Completed forms must be filed with the clerk. 14 APPENDIX SUGGESTED BYLAWS BOARD OF ZONING APPEALS ARTICLE 1. OFFICERS 1-1. The board shall organize; and annually elect a chairman, vice-chairman, and secretary in the month of 1-2. The chairman shall preside at all meetings and hearings of the board; he shall decide all points of order or procedure and shall appoint any committees that are found to be necessary. 1-3. The vice-chairman shall assume the duties of the chairman in his absence. 1-4. The secretary shall handle all official correspondence subject to these rules at the direction of the board; shall send out all notices required by these rules of procedure; shall keep the minutes of the board's proceedings; and shall keep a file on each case which comes before the board. ARTICLE 2. MEETINGS 2-1. A regular meeting of the board of zoning appeals for the hearing of cases shall be held on the of each month at m. , unless no cases are pending, in which instance no m tt niee g shall be held. 2-2. Special meetings may be called by the chairman, provided that at least five (5) days' written notice of such meeting is given each member. 2-3. A quorum shall consist of a majority of the board. 2-4. The order of business at all regular meetings of .the board shall follow Robert's Rules of Order. 2-5. The board may adjourn a regular meeting if all applications or appeals cannot be disposed of on the day set, and no further public notice shall be necessary for a continuation of such meeting. ARTICLE 3. PROCEDURE FOR HEARING CASES 3-1. Appeals to the board of zoning appeals may be taken by any person affected by a decision of the zoning administrator and by applicants for a special exception or variance. Such • • • appeal shall be filed with the zoning administrator on the form provided by the board of zoning appeals. The zoning administrator shall transmit the appeal to the secretary of the board along with all papers constituting the record of action upon which the appeal is based. 3-2. The applicant shall provide the secretary with all information requested on the form provided by the board of zoning appeals, -and any such additional information and data as may be required to advise the board fully with reference to the application for appeal. Applications for appeal must be made on the proper form. 3-3. An application for appeal filed according to the above procedure shall be given a case number within five (5) days. Applications for appeals will be assigned for hearing in the order in which they are received. 3-4. The secretary of the board shall notify all interested parties of the time scheduled ' for the public hearing of the case and give public notice in accordance with § 15.1-431, Code of Virginia (1950), as amended. 3-5. The applicant may appear in his own behalf at the public hearing, or be represented by counsel or an agent. Both the applicant and zoning administrator may speak to the appeal and any private citizen may speak for or against the issue. The applicant shall be given an opportunity for a final rebuttal. 3-6. The final decision on any. appeal to the board of zoning appeals shall be in the form of a resolution approved by a quorum of the membership of the board. 3-7. Within thirty (30) days after the hearing, the board shall notify the parties in interest and the zoning administrator of the decision., ARTICLE 4. RECORDS 4-1. A complete file on each appeal shall be kept by the secretary as part of the records of the board of zoning appeals. 4-2. All records of the board shall be a public record. Attest: Chairman f secretary 0 APPLICATION FOR VARIANCE Board of Zoning Appeals. Locality The applicant must provide the following information to support his application: A plat of the property drawn to scale showing dimensions. A location sketch of the property showing nearest road intersection. Why is the variance being requested? List the names and addresses of owners or occupants- of all adjacent property or property across a road, highway or railroad right-of-way. Name Mailing Address The undersigned declares that the above statements and those contained in any exhibits transmitted to the Board of Zoning Appeals are true. Applicant (signature) Applicant (print) Mailing address Telephone Number . SAMPLE MOTION ON' VARIANCE To Approve: I move approval of a variance requested by to Section of the zoning ordinance to permit . on the property located at as described in appeal number This approval is based on the Board's finding application of the zoning ordinance would effectively unreasonably restrict use of the property because of that strict prohibit or The Board finds that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; that authorization of the variance requested will not be of substantial detriment to adjacent property; that the .character of the district will not be changed by the granting of the variance, and that the condition -requiring the variance is not general or recurring within the zoning district. The following conditions are imposed 0 1 , I Motion carried Motion made by Motion defeated— Seconded by Date Signature Secretary To Deny: I move denial of a variance to Section of the zoning ordinance requested by to permit on the property located at because no hardship or unique condition has been shown and/or the problem will not be properly solved by the issuance of a variance. Motion carried Motion made. by Motion defeated— Seconded by Date Signature Secretary Appeal * No. APPEAL TO THE BOARD OF ZONING APPEALS Locality" I (we) , of Name Mailing Address respectfully request that the Board of Zoning Appeals review the decision made on 19 _ by the zoning administrator. The following action is requested: [ ] an interpretation of section of the zoning ordinance. [ ] an interpretation of the zoning ordinance map. [ ] an appeal of an administrative decision. Description of Problem: Address of Property in zoning district lot, block or other Iegal description Has the applicant previously filed an appeal in connection with the property? What .is the applicant's interest in the property? owner contract purchaser owner's agent other (explain) Explanation of purpose to which property will be put: If appropriate, attach supporting material such as a site _ plan, topographic map, drainage map, utility easement map, building elevation map etc. 0 • • List the names and addresses of owners or occupants of all adjacent property or property across a road, highway or railroad right-of-way. Name Mailing Address Signature of Applicant Filed . at Virginia, the day of , 19 For Use of Board of Zoning Appeals Date hearing advertised Date of hearing Fee paid Decision of the Board of Zoning Appeals: Reasons: 1. Secretary PUBLIC HEARINGS Board of Zoning Appeals Variance Application A variance requires a public hearing before the Board of Zoning Appeals for approval. 1. APPLICATION SUBMITTAL Applications may be accepted until the predetermined date (cut- off date) for the next scheduled meeting. The applicant submits the application form and fee. Everything submitted with the application must be date stamped. Carefully check that all information has been included on the application (have this confirmed by a Planner). The application fee is $45.00 and a $25.00 deposit is required for the loan of the sign (this should be listed separately on the deposit report). The applicant receives the sign and receipt for money paid. Instruct the applicant to post sign on the property in question, at least seven days prior to the public hearing, as noted in the application form. After the public hearing the applicant must return the sign and a memo will be sent to finance instructing them to refund the $25.00. The applicant should receive the check in the mail in approximately a week to ten days. 2. SETTING UP THE FILE A member of the clerical staff logs the application in the reference manual and assigns a number to the application. Write the name, number and public hearing date on the pending board (hanging on the wall). A yellow file folder is used for BZA applications. Type applicant's name and assigned number on the label. Make a copy of the adjoining property owner list, highlight property ID numbers on the copy, make a note in the top left hand corner stating number of sets needed and date needed and take to Data Processing Office. (See" Adjoiner Letter Notification" instructions) Prepare comment sheet "shell" and place it in the front of the file. Place folder in the BZA pending applications file drawer. Make sure there is a copy of the receipt in the file. 3. ADVERTISING The advertisement should be taken or faxed to the Classified Department of the Winchester Star three working days prior to when the ad should appear in the newspaper. The ad should appear in the newspaper once a week for two successive weeks before the week of the public hearing (usually both Tuesdays before the meeting). The ad must specify the time andplace of the hearing. (Section 15.1- 431 of the Code of Virginia provides advertising requirements. See notebook containing previous ads for format). Have ad signed by the Zoning Administrator. If hand delivered to the Star Office: Make two copies of the advertisement original. One copy to County Administrator's Office. One copy for our records and legal protection should be initialed and dated by the Star Office to indicate that the ad was taken to the newspaper at the proper time. Our copy is placed in the ad notebook. Original remains with the Star Office. If Faxed: Make one copy of the advertisement original (for Co. Administrator's Office). Fill out fax sheet and take ad to County Administrator's Office to be faxed. They will take care of faxing the ad and will return the original to the Planning Dept. If a public hearing is tabled or continued advertisement must be repeated 4. ADJOINER NOTIFICATION The adjoining property owners are listed on the application. Two weeks before the public hearing, a form letter must be sent to all adjoining property owners and the applicant. The letter specifies the date, time and place of the meeting and the specific request of the applicant. A form is also completed with the names and addresses of each person or business receiving this letter and this form is notarized. If a public hearing is continued (tabled) adjoiner notification must be repeated. 5. AFTER THE PUBLIC HEARING A signature must be obtained from the Chairman of the Board of Zoning Appeals for the file. A letter must be sent to the applicant stating the Board's final action, either approval or denial. Write the action taken in the reference manual, remove the applicant from the pending board and place the file in the permanent file drawer. •