(A) Purpose and applicability. Pursuant to the authority granted within VA Code § 15.2-2286A(4), the Zoning Administrator is hereby authorized to grant a modification of any zoning regulation relating 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.
(B) Application, public notice and appeals.
(1) The affected party shall apply to the Zoning Administrator for a modification on a standard form of application created by the Zoning Administrator.
(2) Prior to the granting of a modification, the Zoning Administrator shall give all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice. Notice shall be sent by first class mail and an affidavit of such mailing shall be kept in the file.
(3) The Zoning Administrator shall make a decision on the application for modification with the concurrence of the Town Attorney 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 section.
(4) The decision of the Zoning Administrator shall constitute a decision within the purview of VA Code § 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 VA Code § 15.2-2314.
(C) Review criteria; administrative modification. The Zoning Administrator shall determine whether the application meets the following standards:
(1) The strict application of the requirement would produce undue hardship;
(2) Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;
(3) The authorization of the modification will not be of substantial detriment to adjacent property and the character of the planned development will not be changed by the granting of the modification; and
(4) The modification to the regulation does not exceed 10%.
(Ord. O-2023-11, passed 6-6-2023)