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1965 ORDINANCES
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BOOK 4_SEP 16 1963-DEC 19 1977
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1965 ORDINANCES
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SECTION 5. SECTION 66 IS HEREBY AMENDED AND REENACTED TO READ AS FOLLOWS: <br />TITHE BOARD OF ZONING APPEALS SHALL FIX A REASONABLE TIME FOR THE HEARING OF THE APPEAL, GIVE <br />• PUBLIC NOTICE THEREOF AS REQUIRED BY SECTION 15.1-431 OF THE CODE OF VIRGINIA, AS WELL AS DUE NOTICE <br />TO THE PARTIES IN INTEREST, AND DECIDE THE SAME WITHIN SIXTY DAYS". <br />SECTION 6. SECTION 67 IS HEREBY AMENDED AND REENACTED TO READ AS FOLLOWS: <br />TITHE BOARD OF ZONING APPEALS, IN APPROPRIATE CASES AND SUBJECT TO APPROPRIATE CONDITIONS AND <br />SAFEGUARDS, SHALL HAVE THE FOLLOWING POWERS: <br />TTI. TO HEAR AND DECIDE APPEALS WHERE IT IS ALLEGED THERE IS ANY ERROR IN ANY ORDER, REQUIREMENT, <br />DECISION OR DETERMINATION MADE BY THE BUILDING OFFICIAL IN THE ENFORCEMENT OF THIS ORDINANCE OR OF ANY <br />OTHER ORDINANCE ADOPTED PURSUANT HERETO. <br />"2. TO AUTHORIZE, UPON APPEAL IN SPECIFIC CASES, SUCH VARIANCE FROM THE TERMS OF THIS ORDINANCE <br />AS WILL NOT BE CONTRARY TO THE PUBLIC INTEREST, WHEN, OWING TO SPECIAL CONDITIONS, A LITERAL ENFORCE- <br />MENT OF THE PROVISIONS OF THIS ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP; PROVIDED, THAT THE <br />SPIRIT OF THIS ORDINANCE SHALL BE OBSERVED AND SUBSTANTIAL JUSTICE DONE, AS FOLLOWS: <br />• "WHEN A PROPERTY OWNER CAN SHOW THAT HIS PROPERTY WAS ACQUIRED IN GOOD FAITH AND WHERE BY REASON <br />OF THE EXCEPTIONAL NARROWNESS, SHALLOWNESS, SIZE OR SHAPE OF A SPECIFIC PIECE OF PROPERTY AS OF <br />FEBRUARY 17, 1958, OR WHERE BY REASON OF EXCEPTIONAL TOPOGRAPHIC CONDITIONS OR OTHER EXTRAORDINARY <br />SITUATION OR CONDITION OF SUCH PIECE OF PROPERTY, OR OF THE USE OR DEVELOPMENT OF PROPERTY IMMEDIATELY <br />ADJACENT THERETO, THE STRICT APPLICATION OF THE TERMS OF THIS ORDINANCE WOULD EFFECTIVELY PROHIBIT OR <br />J <br />UNREASONABLY RESTRICT THE USE OF THE PROPERTY, OR WHERE THE BOARD IS SATISFIED, UPON THE EVIDENCE <br />HEARD BY IT, THAT THE GRANTING OF SUCH VARIANCE WILL ALLEVIATE A FAIRLY DEMONSTRABLE HARDSHIP <br />APPROACHING CONFISCATION, AS DISTINGUISHED FROM A SPECIAL PRIVILEGE OR CONVENIENCE SOUGHT BY THE <br />APPLICANT; PROVIDED, THAT ALL VARIANCES SHALL BE IN HARMONY WITH THE INTENDED SPIRIT AND PURPOSE OF <br />THIS ORDINANCE. NO SUCH VARIANCE SHALL BE AUTHORIZED BY THE BOARD UNLESS IT FINDS: <br />"(A) THAT THE STRICT APPLICATION OF THIS ORDINANCE WOULD PRODUCE UNDUE HARDSHIP. <br />TT(B) THAT SUCH HARDSHIP IS NOT SHARED GENERALLY BY OTHER PROPERTIES IN THE SAME ZONING DISTRICT <br />IN THE SAME VICINITY. <br />TT(C) THAT THE AUTHORIZATION OF SUCH VARIANCE WILL NOT BE OF SUBSTANTIAL DETRIMENT TO ADJACENT <br />PROPERTY AND THAT THE CHARACTER OF THE DISTRICT WILL NOT BE CHANGED BY THE GRANTING OF THE VARIANCE. <br />"NO SUCH VARIANCE SHALL BE AUTHORIZED EXCEPT AFTER NOTICE AND HEARING, AS REQUIRED BY SECTION <br />15.1-431 OF THE CODE OF VIRGINIA. <br />"NO VARIANCE SHALL BE AUTHORIZED UNLESS THE BOARD FINDS THAT THE CONDITION OR SITUATION OF THE <br />PROPERTY CONCERNED OR THE INTENDED USE OF THE PROPERTY IS NOT OF SO GENERAL OR RECURRING A NATURE AS <br />TO MAKE REASONABLY PRACTICABLE THE FORMULATION OF A GENERAL REGULATION TO BE ADOPTED AS AN AMENDMENT <br />• TO THIS ORDINANCE. <br />"IN AUTHORIZING A VARIANCE, THE BOARD MAY IMPOSE SUCH CONDITIONS REGARDING THE LOCATION, CHARACTER <br />AND OTHER FEATURES OF THE PROPOSED STRUCTURE OR USE AS IT MAY DEEM NECESSARY IN THE PUBLIC INTEREST, <br />AND MAY REQUIRE A GUARANTEE OR BOND TO INSURE THAT THE CONDITIONS IMPOSED ARE BEING AND WILL CONTINUE <br />TO BE COMPLIED WITH. <br />"3. TO HEAR AND DETERMINE APPLICATIONS FOR SPECIAL EXCEPTIONS TO THE TERMS OF THIS ORDINANCE. <br />APPLICATIONS FOR SPECIAL EXCEPTIONS MAY BE MADE BY ANY PROPERTY OWNER, TENANT, GOVERNMENT OFFICIAL, <br />DEPARTMENT, BOARD OR BUREAU. SUCH APPLICATIONS SHALL BE MADE TO THE BUILDING OFFICIAL IN ACCORDANCE <br />WITH THE RULES ADOPTED BY THE BOARD. THE APPLICATION AND ACCOMPANYING MAPS, PLANS OR OTHER INFORMATION <br />SHALL BE TRANSMITTED PROMPTLY TO THE SECRETARY OF THE BOARD, WHO SHALL PLACE THE MATTER ON THE DOCKET, <br />ADVERTISE A PUBLIC HEARING THEREON, WHICH SHALL BE HELD NOT LESS THAN TEN DAYS AFTER SUCH ADVERTISING, <br />AND GIVE WRITTEN NOTICE OF SUCH HEARING TO THE PARTIES IN INTEREST. THE BUILDING OFFICIAL SHALL ALSO <br />TRANSMIT A COPY OF THE APPLICATION TO THE PLANNING COMMISSION, WHICH MAY SEND A RECOMMENDATION TO THE <br />BOARD OR APPEAR AS A PARTY AT THE HEARING. SUCH SPECIAL EXCEPTIONS SHALL INCLUDE AND BE LIMITED TO <br />THE FOLLOWING: <br />"(A) PERMIT THE EXTENSION OF A DISTRICT WHERE THE BOUNDARY LINE OF A DISTRICT DIVIDES A LOT OR <br />
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