HomeMy WebLinkAboutExtratheir I art,:
not to'dUpw
rlission secretary, t6 f.11i
has haOpened t - o a j=
of roads and. Atbdivisk"
rea ar;Dund Charl6ftexvil.
ed by the planners JaA
County Supervisorxjob
VW, preparation o j the, map*,
have n f ro
a brought ul
zt4,, rd meeting sink,
unty
xecutive xx0in 'N
today the board at thtj',t
*'d the Tow bjddjr;
h to submit hl' x • bid, in
Randolph, to xUH
on the bid, Pence sjjjL-
, At
1"48 , ilt ' the
Long► To People
g 0
The Albemarle Planning Commission batted around a
hot potato — zoning regulations — last night. But members
agreed any move for zoning: would start with the people of
the county, not the commission.
The planners appeared in general agreement that some
kind, of zoning is, needed, and''
Indicated that public, feeling I required to have public referendum
in favor of regulations has approval of a zoning ordinance.
'The planners agreed last, night
been growing, in parts of the that public relations had been poor -
county. ly handled for the original proposal
`But they said a move at this and that the ordinance was
time should not come, as C. Nel- misrepresented by some of 1t:%dP1y_1
Beck of RFD I put it, "from ponents. They said people in the,
per crust down," as he said
county had taken on a negative at-
X-Votitude toward zoning.
a proposed zoning law
I In 1948.
was �e Limited Applicatt
`-,.The Planntri'cohcurred with W.
Terkins Jr. of
ber, who said he felt the com-
SSHRa OalVIDOSSV HH1 S9
SJaPDO1 an6oal
ul 02 Oq P'eq vq q-31,qAi 'SaIG14 61
puoLuqO1_ ,6
P PJIMu!a lulf nano qdiunp4 di
1 2UTUJOUI -6 JR43V I PkIe 9* 2inc
-IqOUSq Jo UOSPIA'B(I .Sarum f 2Uno)
;o ainsraw aq4 iiocq NnIq0.101
-Tauado stiq ul 'dn 9 'Txoqun-94S Jo as
qOE[ paddriq- peg 9H -PuTioa
uooudO:UV OqJ ut g pu?a q a3loueou
;0 90M uqof padollv,-A 91,1a4"a
'2jnqqauA,I Jo Aasoo g2aoaf) uOld
*ux`0Xl3 9961 JaAO UtAi do I punoa
-4siq -e 2qtAolloj 'dn T -aillAsallol
_J13110 Jo 914119itjtlg Aq jo2 aovll,3Aj
Is2up,dS 40H,.,14'
to protest the ordinance represent-
ed the feelings of the rest of the
county. "That same group Of.
people I've seen at too many
meetings."
The planners rejected Smith's
suggestion to urge the supervisors
into action on the subdivision ordi-
nhnce, because, they said, the ordi-�
nance had been originally drawn up and proposed by the supervi-
sors.
I At a joint meeting in March the
planners recommended to the su-
pervisors that "this body feels an
ordinance of this type is needed. but
that certain modifications are nee-
essarY before it is adapted"
r-rz- ir _...
"'uall s,uosA'vl P131HAA, uo pijq4
OE14 ui uni al2uis v peloos A: aH
00.1q4 Jo'
pug atil IT Pval f-LT v do plinq put,
401S'81 02-1000 iatlo4ld 2UTP-ep 4no
OATJP 04 p.1!1qJ?IV ,uJJAoJ pup puO
-DOS --til, U!
plali uqof,;. 44 Uh.1 OUID11 LUIRIS
� 3 = ARSE COU TY ZONINC, 0_ ..DIAI A M
'7!HaEAS, by Act of the General Assembly of Virginia approved April 1, 1938
Chapter 415 Acts of 1938, the 3oard of Supervisors or other governing bodies in
counties are al)tborized to divide the area of counties in the unincorporated
portions tr,ereof into one or more districts; to regulate the use of lands and of
..a buildings and other structures; to provide the locations of those areas which
t may be used as places of residence or in which agriculture, forestry, trade,
industry or other specific uses, may be conducted, the height, bulk and size of
buildings or other structures; the percentage of land area which may be occupied,
and the minimum sizes of yards, courts or other open spaces; to provide for amend-
ments and changes therein; to require county planning commissions to perform cer-
tain duties with reference thereto:
TH ;ri.li0':E, BE IT ORIiAINED by the Board of Supervisors of Albemarle Oounty,
Virginia, th.a the "Zoning Ordinance" adopted September 28, 1942, and th.;reafter
amended "rom time to time be now "urth(:,r am�,.nded and reenacted at length as follows:
Section I
DISTRICTS
For the purpose of this ordinance, the unincorporated territory of th:: county
of Albemarle, Virginia, is heroby divided into five classes of districts, as
follows:
R Districts, Rural '?istricts
H-R Districts, Highway Residential Districts
H-1 Districts, Highway Agricultural Districts
H-2 Districts, Highway Comm,-.rcial Districts
V-1 Districts, Village Residential Districts
V-2 Districts, Village Commercial Districts
The boundaries and location of said districts are hereby established as set
forth on thc; map antitl.d Zoning i"--.p of the County of Albemarle, Virginia, 1945,
a certified copy of r,rhich is on file in the office of the Clerk of said County.
Said map, together with all notations and designations, is horeby made fully a
part of this ordinance as if the same were fully described harein. District
boundary lines are intended to follow highway lines or property lines except
r Tdvhere boundary lines are referred to existing highway or property lines by
` dimensions shown on said map:
Suction II
G:�7 RAL REGUL:?TIONS
Except as otherwise provided:
No building, structure or premises shall be used and no building or part thereof
or other structure shall be erected, reconstructed, enlarged, or altered except
0
EMM
in conformity with the regulations prescribed by this ordinance; excepting that
nothing in this ordinance shall affect the height, setback building line, yards,
or courts of any building as such exists at the time of the passage of this
ordinance.
t Section III
DEFINITIONS
�'or the purpose of this ordinance, certain terms used herein are defined as follows:
.All words used in the present tense include the future; all words in the plural
number include the singular and all words used in the singular include the plural;
the word "shall" is mandatory and not dir::ctory; the viord "building" includes the
word "struc-'-.Lra". All distances shall be measured horizontally unless otherwise
specified.
Abattoir: For purposes of this ordinance an abattoir shall be considered a heavy
industry.
Accessory Bubl A subordinate building the use of which is incidental to
that of a main building on the same lot.
Apartment House: House designed for occupancy by more than two families.
Accessory Use: A use incidental to the principal use of a lot or a building
located on the same lot with the accessory use.
Building: Any structure having a roof supportd by columns or by walls.
Guest Room: A room which is intended, arranged or designad to be occupied, or
which is occupied, by one or more guests paying direct or indirect compensation
therefor, but in which no provision is made for cooking and not including dormi-
tories for sleeping purposes.
Hog `Farm: The keeping of hogs fed primarily on garbage transported from other
places to the farm for feeding purposes.
Home Occupation; Any use customarily conducted entirely within a dwelling and
carried on by the inhabitants thereof, which use is clearly incidental and secondary
to the use of dwelling for dwelling purposes and does not change the character
thereof.
Hotel; A building or group of buildings other than a tourist court as defined
herein, containing 10 or more guest rooms.
Junk Yard; The use of any area of land lying within 100 feet of a state highway
or the use of more than 200 square feet of land area in any location for the
storage, keeping or abandonment of junk, ineludinh� scrap metals or other scrap
-3-
materials; the term "junk yard" shall include "automobile graveyard" as defined in
` Chapter 304, Acts of 1938, of the State of Virginia, but shall not include the
storage or keeping of farm machinery or parts thereof in any form. A junk yard
shall be deemed to be a heavy industrial use.
Restaurants: Any building in which for compensation, food or beverages are
dispensed for consumption on the premises, including, among other establishments,
Cafes, tea, roomis, confectionery shops, or refreshment stands.
Go,nr��unity Store: A store primarily for the rt;tail sale of commodities used in
the normal agricultural, industrial, or residential activities of the area in
which such store is located.
Sian; Any di -play of any letters, words, numerals, .figures, devices, emblems,
pictures, o: any pat:1s or combinations thereof, by any means whereby the; same
are made visible and for the purpose, of making anything 1mown, whether such dis-
play be m-.de on, att-�.ched to, or as part of a structure, surface or any other
thing, including, but not limited to, the ground and any rock, tree or other
natural object, which display is visible beyond the boundaries of the parcel of
land on which the same is made.
Tourist Court: A building or group of two or more detached or semi-detached
buildings containing one or more guest rooms having separate outside entrances for
each room or suite of rooms and for each of which rooms or suites of rooms automo-
bile parking space is provided on the premises,
Tourist Home: A dwelling otherwise permitted in the district in which the same
is situated, in which less than ten guest rooms are provided for transient guests.
Trailer Camp: Any premises occupied by or designed for occupancy by two or more
families living in trailers.
Section IV
R DISTRICTS - RURAL DISTRICTS
A. Uses Permitted:
All uses not otherwise prohibited by law shall be permitted, provided, however,
that no establishment in an R District shall display more than three signs
totaling more than 40 feet in aggregate area, and provided further that none
of the following uses shall hereinafter be established in any R District
unless and until a Use Permit therefor shall have been obtained from the
Board of Zoning Appeals as provided in Section XIII-B of this Ordinance.
1. Restaurants.
2. Tourist Courts.
3. Trailer Camps.
-4-
4. Stores other than community stores.
5. Commercial recreation uses, such as (but not limited to) bowling alleys,
pool rooms, dance halls or any use in which facilities for recreation or
amusement are provided for compensation.
6. Signs visible from outside the district.
7. Hog farms
8. Apartment houses.
Section V
H-R DISTRICTS - HIGHWAY RESIDENTIAL
A. Uses Permitted:
1. Dwellings, but not including hotels or tourist courts.
2. Tourist homes.
3. Home occupations.
4. All agricultural uses.
5. Parks, playgrounds, golf courses, and similar recren.tional uses,
6. Schools, churches, hospitals and other public and quasi -public uses.
7. Accessory uses and buildings.
B. Uses Permitted Upon Granting of Use Permit:
1. Apartment houses.
C. Regulations Governing Location of Buildings:
1. No building shall be located closer to the center line of any primary
state highway than a distance of 125 feet.
2. No building shall be located closer to the center line of any secondary
state highway than a distance of 50 feet.
3. No dwelling shall be located closer to the side property line of the
parcel of land on which such dwelling is situated than a distance of
10 feet nor closer to any other dwelling on the same parcel of land
than a distance of 20 feet.
- 5 -
Section VI
H-I DISTRICTS - HIGHWAY AGRICULTURAL DISTRICTS
A. Uses Permitted:
1. Dwellings, but not including hotels or tourist courts.
2. Tourist homos.
3. Home occup-itions
4. All agricultural uses.
5. Otl,cr,• uses directly and chiefly associated with and appurtenant to the
nox°rsI " agricultural or forestry operations of the area such as (but not
limited to) community canneries, community samnills, etc.
6. Prks, playgrounds, golf courses, and similar recreational uses.
7. Schools, chi:rches, hospitals, and other public and quasi -public uses.
8, Accessory uses and buildings.
B. Uses Permitted Upon Granting of Use Permit:
1. Filling stations.
2. Garages.
3. Apartment houses.
C. Regulations Governing Location of Buildings:
1. No building shall be located closer to the center line of any prinintry
state highway than a distance of 125 feet.
2. No building shall be located closer to the center line of any secondary
state highway than a distance of 50 feet.
3. No dwelling shall be located closer to the side property line of the
parcel of land on whichsuch dwelling is situated than a distance of 10
feet nor closer to any other dwelling on the same parcel of land than
a distance of 20 feet,
4. No commercial building shall be located closer to the side property line
of the parcel of land on which such building is situated than a distance
of 15 feet, nor closer to any dwelling on the same parcel of land than a
distance of 20 feet.
R-2 DISTRICTS —HIGHWAY COM4E OL L DISTRICTS
A. Uses Permitted:
1. All uses permitted in H-1 Districts.
2. Stores for the conduct of any retail business.
3. Hotels, tourist courts, and trailer camps.
4. Restaurants.
5. Repair garages and gasoline service stations.
b. Ser,,ice uses. such as (but not limited to) barber shops, beauty
shop::, tailc,2 shops and shoe repair shops.
7. Commercial recreation uses.
8. Signs only when appurtenant to the use of the property on which
displayed, and provided that no establishr.-,ont shall display more than
three signs, the aggregate of which s'rall not exceed 40 square feet.
9. Any light industrial use.
B. Regulations Governing Location of Buildin s:
1. No building shall be located closer to the center line of any primary
state highway than a distance of 125 foot.
2. No building shall be located closer to the center line of any secondary
state highway than a distance of 50 feet.
3. No dwelling shall be located closer to the side property line of the
parcel of land on which such dwelling is situated than a distance of
10 feet not closer to any other dwelling on the same parcel of land
than a distance of 20 feet.
4. No commercial building shall be located closer to the side property
line of the parcel of land on which such building is situated than a
distance of 15 feet, nor closer to any dwelling on the same parcel of
land than a distance of 20 feet.
5. No building in a tourist court shall be located closer to any other
building in said court than 10 feet.
- 7 -
V-I DISTRICTS - VILLLGE RESIDENTIZ DISTRICTS
A. Uses Permitted:
1. Dwellings for one or More families and tourist hones, but not tourist
courts or hotels.
2. Hone occupations.
3. Schools, churches, hospitals, parks, playgrounds, and other public and
quasi -public uses.
4. Accessory buildings ^end accessory uses including crop and tre3 farming
^nd e keeping of horses, cocas, chickens, or other livestock solely
for tie use of the family living on the lot on which such accessory
use is established.
B. Regulations Governing Location of Buildings:
1. T3'here 25% or more of the frontage in any block is, at the tine of the
passage of this ordinance, improved :pith buildings which vary in their
location with reference to the right-of-way line of the street on which
they mace to any extent not greater than 10 feet, any building built
hereafter in such block shall maintain a distance from such right-of-
way line of the street of not less than the average of the distances
which such existing buildings maintain.
2. In any other block no building shall be located closer to the right-of-
way line of the street on which such block faces than a distance of
25 feet.
3. No one-story building shall be built closer to the side lot line of the
lot on which it is situated than a distance of 10 feet; no.two-story
or more building shall be built closer to the side lot line of the lot
on which it is situated than a distance of 15 feet,
Section IX
V-2 DISTRICTS - VILLAGE COVMERCILL DISTRICTS
A. Uses Permitted:
1, All uses permitted in V-I Districts,
2. Stores for the conduct of any retail business.
3. Service uses such as (but not limited to) barber shops, beauty shops,
tailor shops, shoe repair shops.
4. Banks and busin�:ss and professional offices.
S. Gasoline service stations and repair garages.
6. Restaurants.
7. Hotels.
8. Carpenter shops, plumbing shops, tinsmith shops, elactrical shops,
upholstering shops, and blacksmith shops.
9. Signs only when appurtenant to the use of the property on which displayed,
and provided that no establishment shall display more than three signs,
the -I,—Cregata area of which shall not exceed 40 squ-ire feet.
10. Commercial recreational uses.
B. Regulations Goi�.,.rniny, the Location of Buildings:
None.
Section X
ADDITIONAL REGULATIONS
A. Nothing herein shall be deemed to prevent the sale or offering for sale by
the owner or tenant of any farm, of goods produced on said farm. The
construction of any stand or shelter for this purpose on the highway fr^ntage
of any such farm shall be a permitted use in any district and the sale of
such goods may be advertised by not more than three signs of not over six
square feet in area each; one sign may be displayed on the site of the stand,
and two of such signs may be located not more than 300 feat distant from such
stand, one in each direction along the highway on which the stand faces.
B. A heavy industry may be located in any district, except any H-R and V Districts,
upon the securing of a Use Permit therefor from the Board of Zoning Appeals
as provided in Section XIII-B of this ordinance.
C. Ragardless of district regulations there may be maintained the following
signs, provided that not more than one sign of each of the following types
may be displayed on any one parcel of land.
1. Signs not exceeding one square foot in area displaying the name only
of the land or building on which displayed, or of the owner or tenant
thereof.
2. Signs not exceeding 6 square feet in area pertaining only to the sale
or lease of the land or building on which displayed.
3. Signs not exceeding 4 square feet in area announcing tourist home
accommodations only when located on the lot on which such tourist home
is situated.
4. Directional or informational signs of a public or quasi -public nature.
D. Passenger or freight stations for bus or rail lines, and necessary service
buildings in connection with a public utility may be maintained in any dis-
trict subject to the securing of a Use Permit therefor, as specified in
• Section XIII-B of this ordinance. This paragraph shall apply also to
shelters erected in connection with school bus routes.
E. No airport, landing field, flight strip or other area designed for the
arrival, department and/or parking of aircraft, or any other operation con-
nected with aviation, shall be established in any district without a Use
Permit from the Board of Zoning Appeals as specified in Section XIII-B of this
ordinance.
This paragraph shall not apply to the use of fields on home farms or strictly
residential property by persons living on the farm or property; or by persons
calling on those who live there. Hangars for aircraft beld.nging to the
families resident on the property shall be considered as if they were garages
for housing cars owned by these families.
F. Upon obtaining a Use Permit as provided in Section XIII-B, functions sponsored
and operated by local groups for purposes of raising funds for civic pro-
grams, such as (but not limited to) fir=men's carnivals, local arts and
crafts displays and sales, etc., may be permitted in all districts. This
paragraph shall not apply to functions lasting seventeen days or less which
may operate without a permit.
Section XI
NON-CONFOMAING USES
1. Existing or Former Use:
Any lot, building or structure, which, at the time of passage of this ordi-
nance, was being used in any manner contrary to the provisions of this ordi-
nance may continue to be used in said manner and -such lot, building or
structure may be repaired in the interests of safety and/or appearance. Any
such lot, building or structure which is vacant for a period not exceeding
one year may be continued in such non -conforming use; provided, however,
that if such use has been superseded by an approved use such lot, building
or structure shall be deemed to come under the provisions of this ordinance
as affecting the various districts. A list of nonconforming uses existing
as such at the time of the passage of this ordinance shall be considered a
part of this ordinance and filed with the "Zoning Map" in the Clerk of
Court's Office.
2. Damaged Buildings:
Any building or structure in use for a non -conforming purpose which shall sus-
tain a major damage may be repaired, reconstructed, or rebuilt subject to the
securing of a Use Permit as specified in Section XIII-B of this ordinance.
- 10 -
Section XII
INTERPR17 ATION, PURPOSE AND CONFLICT
.in interpreting and applying the provisions of this ordinance, they shall be held
to be the minimum requirement for the promotion of the public safety, health
:onvenicnce and general welfare. It is not the intention of this ordinance to
!rJ,'erfere with or abrogate any convenant or other agreement between parties; pro-
':;d, however, that where this ordinance imposes a greater restriction upon the
<>s: of buildings or premises or upon heights of buildings, or requires larger open
spaces or greater building setback lines than are required by other ordinances,
I°uses; regulations or blind convenants or agreements, the provisions of this
ordinance shawl govern.
Section XIII
PERMITS
A. Zoning Permits:
No building or use of land other than a one -family dwelling or an agricultural
use or building shall hereafter be commencer unless and until a zoning permit
therefor is obtained from the Commissioner of Revenue. Each applicant for
a zoning permit shall submit to the Commissioner of Revenue two copies of
a sketch showing the size and shape of the parcel of land on which the pro-
posed building or use is to be conducted; the nature of the proposed use of
the building or land; and the location of such building or use with respect
to the property lines of said parcel of land and to the right-of-way of any
street or highway adjoining said parcel of land. If it appears that the
proposed building or use is in conformity with the provisions of this ordi-
nance, a zoning permit shall be issued to the applicant free of charge by the
Commissioner of Revenue,:and one copy of the sketch shall be returned to the
applicant with said permit, provided, however, that tho applicant for a
zoning permit for any such building in any H-I or H-2 District shall submit
in addition to the information otherwise required herein, sketches, showing
the front, side and rear elevations of the proposed building and shall consult
with the County Planning Commission at their next regular meeting after the
date of application in an endeavor to provide that every such building shall be
so designed and constructed that it will be in reasonable harmony with the
desirable character of the neighborhood, and so that no such building will be
of unsightly or otherwise undesirable appearance to the extent that it will
hinder the orderly and harmonious development of .the neighborhood or of the
county, or impair the scenic assets of the Commonwealth, or limit the opportunity
to obtain the optimum use and value of land and improvements in the neighbor-
hood, or impair the desirability of living conditions in adjacent residential
areas, or otherwise adversely affect the general prosperity and welfare, and
the Commissioner of Revenue shall issue no zoning permit for any such building
until he shall have received from the Planning Commission written certifica-
tion of the completion of such consultation.
R Use Permits:
The procedure governing the application for and granting of Use Permits for
usr:s for which such permits are required by this ordinance shall be as follows:
1. The applicant shall make application for the Use Permit to the Commissioner
of Revenue on the form provided for the purpose, giving all information
requ:i-7c d bid such form. The application shall be accompanied by two copies
of a oketch showing the size and shape of the parcel of land on which the
proposed building or use is to be located; the nature of the proposed use
of buildings or land; and the location of su^h building or use with respect
to all existing buildings, to any public highways adjoining said parcel of
land., and to all dwellings within 500 feet of the proposed building or use
fcr ;,K_ch permit is required.
2. The Commissioner of Revenue shall immediately submit the application and
both copies of the sketch to the Board of Zoning Appeals. The Board of
Zoning Appeals shall advertise in county papers notice of a hearing to be
held by the Board of Zoning Appeals, called to consider said application,
and th; purpose and intent of caid application, which meeting shall be
held not earlier than the Monday follow-i ng said publication of said notice,
at wh:. h meo`i,.ng any person or persons may present statements concerning
said application.
3. The Board of Zoning Appeals may grant or deny the application as the Board
sees fit, being guided in its decision by its opinion as to whether or not
the proposed use would be detrimental to the neighborhood or the community
or the county at large. The Board may impose any special regulations
or restrictions, including a limitation of the time for which the permit
shall be valid, which the Board may deem necessary in order that the general
purpose of this ordinance shall be carried out.
4. Upon the granting of a Use Permit, one copy of the sketch, upon which have
been indicated the changes or restrictions, if any, required by the Board
of Zoning Appeals, and which has been certified by the Commissioner of
Revenue, shall be returned to the permittee, who may thereafter conduct
the operations for which the permit has been granted only in such manner
and for such a time as the permit and the certified sketch shall specify.
A Use Permit shall be valid only for the specific use it covers in the
specific location designated.
Section XIV
EFFECT OF INVALIDITY OF ONE SECTION
Should any section or provision of this ordinance be decided by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole or any part thereof other than the part so held to be
unconstitutional or invalid.
— 12 —
Section XV
AMIENDMENTS
T`Y- Board of Super-r=sors may, from time to time as they see fit, amend any
of this ordinance as provided by law,,
Section XVI
BOARD OF ZONING APPEALS
4, General Provisions:
A Bofa rl - onir.E; Appeols shall be appointed by the Chairman of the Board of
Supe-:Vi- u r 1"-, F iv1f-_;.h shall consist of three members whose terms of office
}hall be -'or ono; two and three years, respect'vely, beginning wit-h date
of their first appointment; and for three year `terms ,,hereafter as new
members are appointed or old ones reappointed. Said Board of Zoning Appeals
shall elect a chairman and secretary from its members, hold meetings when
necessary and provide for the keeping of its official proceedings.
Any person, firm or corporation agg-ieved h,r any decision or by any Jnter--
pretation of sa.`d ordinance made by the administrative officer may present to
the Board of Zoning Appeals by filing with the chairman or secretary of said
Board for :he consideration of the Board, not earlier than tan days from date
said decision and/or interpretation was rendered, a petition setting forth the
grounds on which such person, firm or corporation is aggrieved; said Board
shall approve or disapprove said decision and/or interpretation of said
administrative officer, within 30 days from date of receipt of such petition,,
Failure of Board to act within this period shall be considered as evidence of
approval of application.
Any person, firm or corporation aggrieved by any decision or by any interpreta-
tion of said ordinance made by the Board of Zoning Appeals may present to the
next regular meeting of the Board of Supervisors, held not earlier than ten
days from the time said decision and/or interpretation was rendered, a petition
setting forth the grounds on which such person, firm or corporation is aggrieved,
at which meeting or the next regular meeting thereafter the Board of Supervisors
shall approve or disapprove said decision and/or interpretation of said Board
of Zoning Appeals.
The Board of Zoning Appeals shall have such other duties as are set forth in
Section XIII—B. Use Permits.
w 13
a. Va;. lances
1. The Board of Zoning Appeals may, in appropriate cases and subject to
appropriate conditions and safeguards, vary the strict application of
the terms of this ordinance in harmony with its general purpose and
intent, in accordance with specific r aes contained therein,
2. Written a;plication for a variance shall accompany an application for a
building permit, Said application shall be transmitted forthwith to
the Bo:::;d of Zoning Appeals, who shall cause a public hearing to be
held, in application for a variance shall be advertised for two weeks
in a county newspaper.
3. At su3h hearing the applicant shall present a statement and adequate
evidonse, in ruch form as tha Board of Zoning Appeals may requiie, and the
Boa:° ! of Zor: , Appeals shall not grant a variance unless it finds that:
(a) `. ere use special circumstances or conditions applying to the land,
building, or use refereed to in the ap l lication.
(b) The granting of the application is necessary for the preservation
and enjoyment of substantial property rights,
(c) 'the granting of the application will not materially affect
ad er:ly the heal& or safety or persons residing or working
An tho neighborhood of the proposed use and will not be
materially detrimental to the public welfare or injurious to
property or improvements in such neighborhood.
(d) To exercise such other powers of variation as are, or may be vested
in the Board of Zoning Appeals by law,
4. Every such variation made by the Board of Zoning Appeals after a duly
advertised hearing sha2T be accompanied by a finding of fact specifying
the reasons for making such variation.
5. In granting any variance under the provisions of this section the Board of
Zoning Appeals shall designate such conditions in connection therewith as
will, in its opinion, secure substantially the objectives of the regulations
or provisions in the application of which the variance is granted, as to
light, air, character of the neighborhood, and, generally, the public
health, safety, comfort, convenience and general welfare,,
Section XVII
VIOLATIONS AND PENALTIES -
Any person who violates any of the provisions of this ordinance shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be fined not less
than five and not more than two hundred and fifty dollars; and ten dollars for each
day after the first day that such violation shall continue after notification that
it shall cease.
C°mmun'cation frgm the City
Aselding and ReeftctiN
corporet� Ltg a4a wit
3,
$antedhiz l'hree �e Subdi g
• Report f"m 31ee o� the cite of $ion � d W.andl�
reeeiv,.t$ special c'itt®e
r � c�
On
motion,,duly made and seconded It .Z reosh
'
0�
t1111$ be approved with the � 44
Subsection (d) be eiki
Ad t 9 C t o tees to read as full
ID
fto
actor �►hich a unue Croix c""1 ar a
heel th nditian or o ,
and t
toarwft q onto specifiedcitybyl C�p v
uxtv
Pag4 fit; Section BP Sublectitt and 5 E
The right-of-way of be wed t,ay of a
width with side slopes streets i be
Surfacing
cans#: and :esi�. grade.
4f a �ttaide the r
stalled to a widt2r of +�1 ate ar gra-a
inches after aw atio (W feet and tr
required c bP gutters and
r° 0 the State
Page S, Section As Subsection (2) be a°
All necessary dratmago facilities it
inletsl) call basins Or open ditchir
disposal of surface water and to m,
course small 0 installed in conf
jedt to e e `Apprhalloval of the. Sta+
ot
t s
A14D Bi .,IT FETHER nsr
d
the City c4 cil for itr
4