§ 90-1040. Variances granted by the administrator.

(a)

Pursuant to Code of Virginia, § 15.2-2286, and in accordance with the following criteria, the administrator shall be granted to authorize variances from the setback and yard requirements of this chapter upon the following conditions:

(1)

The administrator shall find in writing that:

a.

The strict application of the ordinance would produce an undue hardship;

b.

Such hardship is not shared generally by other properties in the same zoning district and same vicinity; and

c.

The authorization of the variance will not be of substantial detriment to adjacent property; and

d.

The granting of the variance will not change the character of the zoning district.

(2)

A variance granted by the administrator shall be the minimum necessary to relieve the hardship.

(3)

Prior to the granting of a variance, the administrator shall give all adjoining property owners, as shown on the current real estate tax assessment records of the county, written notice of the request for the variance. Such owners shall be given an opportunity to respond to the request within 21 days of the date of the notice. If any adjoining property owner objects to said request in writing within the time specified above, the request shall be transferred to the board of zoning appeals for decision in accordance with the rules of procedure for the board.

(4)

Applications for variances authorized by this section shall be submitted to the administrator on forms provided by the administrator, and shall be accompanied by a fee as set forth in the county fee schedule.

(b)

The administrator shall be authorized to grant variances from:

(1)

The interior side yard and rear yard requirements of this chapter for single-family dwellings and nonprofit uses and their accessory structures; provided that no such variance is greater than 50 percent of the requirement contained in this chapter.

(2)

The setback regulations of this chapter for single-family dwellings and nonprofit uses; provided that no such variance is greater than 50 percent of the requirement contained in this chapter.

(Ord. No. O-09-07A, 10-13-2009)

(Ord. No. O-09-07A, 10-13-2009)