§ 18.5. Administrative modification of provision.

In accordance with Code of Virginia, § 15.2-2286(4) of the Code of Virginia, the Zoning Administrator shall have authority to grant certain modifications.

The Zoning Administrator is hereby authorized to grant a modification from any provision contained in the Zoning Ordinance with respect to physical requirements on a lot or parcel of land, including but not limited to size, height, location or features of or related to any building, structure, or improvements, if the administrator finds in writing that: (i) the strict application of the ordinance would produce undue hardship; (ii) such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (iii) the authorization of the modification 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 modification. Prior to the granting of a modification, the Zoning Administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within twenty-one (21) days of the date of the notice. The Zoning Administrator shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this paragraph. The decision of the Zoning Administrator shall constitute a decision within the purview of Code of Virginia, § 15.2-2311, and may be appealed to the Board of Zoning Appeals as provided by that section. Decisions of the Board of Zoning Appeals may be appealed to the circuit court as provided by Code of Virginia, § 15.2-2314.

The Zoning Administrator shall respond within ninety (90) days of a request for a decision or determination on zoning matters within the scope of this authority unless the requester has agreed to a longer period.

(Ord. of 1-7-2003; 1-2-2008)

(Ord. of 1-7-2003; 1-2-2008)