Zoning Administrator Authority Under Section 15.2-2286(A)(4), VA Code

Overview

Supervisor LaCroix would like to direct the County Executive to work with staff to review the discretionary authority regarding zoning administrator administrative modifications under Virginia Code Section 15.2-2286(A)(4) (below), provide the Board with information and staff recommendations regarding the potential adoption of this authority by the Board, and to prepare and bring before the Board for its consideration a draft resolution to initiate a zoning text amendment regarding zoning administrator administrative modifications under Virginia Code Section 15.2-2286(A)(4). Where applicable, the research and recommendations should include proposed timelines, potential fiscal impacts, and other pertinent information for Board consideration. The County Attorney’s Office is directed to review the information, recommendations, and draft resolution for any legal issues. When the research and work are complete, the County Executive should coordinate the scheduling of the resolution for Board consideration. While there are strict requirements for any such action under this Virginia Code Section, and it may not apply in many situations, Supervisor LaCroix thinks it is something the County should have as an option. Virginia Code Section 15.2-2286(A)… (4) Where provided by ordinance, the zoning administrator may be 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: (1) the strict application of the ordinance would produce undue hardship; (2) such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (3) 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 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 Section 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 Section 15.2-2314.

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