HomeMy WebLinkAboutZTA201500003 Presentation 2015-05-12ZTA 2015 -03 BZA Process
and Technical Changes
Albemarle County Planning Commission
Work Session May 12, 20
ZTA Background
H B 1849 Will become State law July 1, 2015.
Revises criteria for variances and appeals;
► Revises proceedings before Board of Zoning Appeals (BZA)
► Opportunity for other technical updates and clarifications
Board of Zoning Appeals (BZA)
Powers and duties include:
Hear (and decide) appeals of decisions by administrative officers
(including the Zoning Administrator) in the administration and
enforcement of the zoning ordinance;
► Hear variances;
► Hear special use permits; and
Interpret the zoning district map
HB 1849 - Variances, Appeals and BZA
Process
New Procedural Requirements
Definition "Variance" is Amended
Removal of phrase that strict application of ordinance would "result in unnecessary
or unreasonable hardship," replaced with requirement that ordinance must
unreasonably restrict the use of the property.
Criteria for Considering Variances is Amended
Burden on applicant to prove all 6 criteria for granting a variance. First criterion is
revised to no longer require an undue hardship be found ( "...granting of the
variance would alleviate a hardship due to a physical condition relating to the
property or improvements thereon at the time of the effective date of the
ordinance ").
Variation or Exception for Site Plan
Improvement Requirements
Sinclair case holding that general waivers/ modifications of zoning
regulations are legislative in nature. Holding does not relate to
development requirements whose origin is in Subdivision or Site Plan
enabling authority. Draft Section 32.3.5 clarifies the variation and
exception process for site plan improvements.
Administrative review of the waiver/ modification with appeal to the
Commission and then to the Board.
P A wk5a
Reformatting for clarity and consistency
Addition of Section 34A.3 to address process for
developing and approving design guidelines
Violations (Section 36)
Required information for the Notice of Violation
Civil penalties shall not be assessed during the
appeal period.
Summary
After input from the Commission, staff recommends
that we set this ordinance amendment for public
hearing.