1965 ORDINANCES - Laserfiche WebLink

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TRACT HELD IN SINGLE OWNERSHIP AS OF FEBRUARY 17, 1958. tt(B) INTERPRET THE PROVISIONS OF THIS ORDINANCE WHERE THE STREET LAYOUT ACTUALLY ON THE GROUND, VARIES FROM THE STREET LAYOUT AS SHOWN ON THE DISTRICT MAP MADE A PART OF THIS ORDINANCE. • tt(C) PERMIT THE ERECTION AND USE OF A BUILDING OR THE USE OF PREMISES IN ANY LOCATION FOR A PUBLIC SERVICE CORPORATION FOR PUBLIC UTILITY PURPOSES WHICH THE BOARD DEEMS REASONABLY NECESSARY FOR THE PUBLIC CONVENIENCE AND WELFARE. tt(D) PERMIT THE OCCUPANCY OF A SINGLE DETACHED RESIDENCE IN AN R-1 OR R-2 RESIDENTIAL DISTRICT BY MORE THAN TWO HOUSEKEEPING UNITS, PROVIDED: tt(1) THAT SUCH RESIDENCE SHALL HAVE BEEN IN EXISTENCE ON JANUARY 21, 1932. tt(2) THAT SUCH MULTIPLE OCCUPANCY SHALL NOT BE DEEMED TO ALTER THE CHARACTER OF THE NEIGHBORHOOD IN WHICH SUCH RESIDENCE IS LOCATED. tt(3) THAT THE OUTSIDE SHAPE OF THE RESIDENCE SHALL NOT BE ALTERED IN ANY MATERIAL PARTICULAR. tt(E) PERMIT THE COMPLETION AND USE OF ANY DWELLING THAT WAS DESIGNED AND SUBSTANTIALLY COMPLETED PRIOR TO JULY 23, 1964, FOR TWO-FAMILY USE; PROVIDED, THAT THE OWNER CAN PROVE TO THE BOARDS SATISFACTION THAT THE HOUSE WAS DESIGNED AND INTENDED FOR TWO-FAMILY USE WHEN ORIGINALLY CONSTRUCTED. ANY DWELLING • FOR WHICH AN EXCEPTION UNDER THIS PARAGRAPH (E) IS GRANTED SHALL BE CONSIDERED A CONFORMING USE. "NO SPECIAL EXCEPTION MAY BE GRANTED PURSUANT TO THIS SECTION EXCEPT AFTER NOTICE AND HEARING AS PROVIDED BY SECTION 15.1-431 OF THE CODE OF VIRGINIA. it ANY PRIVILEGE OR VARIANCE GRANTED BY THE BOARD OF ZONING APPEALS UNDER SUB -SECTION 3 OF THIS SECTION SHALL BE CONSIDERED CANCELLED IF THE APPLICANT DOES NOT AVAIL HIMSELF OF SUCH PRIVILEGE WITHIN NINETY DAYS FROM THE DATE OF ISSUANCE OF SUCH PRIVILEGE; PROVIDED, THAT THE BOARD, FOR GOOD CAUSE SHOWN, MAY, UPON PROPER APPLICATION AND AFTER DUE NOTICE, EXTEND SUCH PRIVILEGE OR VARIANCE FOR A PERIOD NOT TO EXCEED NINETY ADDITIONAL DAYS. "IN EXERCISING THE POWERS GRANTED TO IT, THE BOARD OF ZONING APPEALS MAY REVERSE OR AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY THE ORDER, REQUIREMENT, DECISION OR DETERMINATION APPEALED FROM. THE CONCURRING VOTE OF THREE MEMBERS SHALL BE NECESSARY TO REVERSE ANY ORDER, REQUIREMENT, DECISION OR DETERMINATION OF THE BUILDING OFFICIAL OR TO DECIDE IN FAVOR OF THE APPLICANT ON ANY MATTER UPON WHICH IT IS REQUIRED TO PASS UNDER THIS ORDINANCE, OR TO EFFECT ANY VARIANCE FROM THIS ORDINANCEtt. SECTION 7. SECTION 68, PARAGRAPH 5, IS HEREBY AMENDED AND REENACTED TO READ AS FOLLOWS: tt5. COSTS SHALL NOT BE ALLOWED AGAINST THE BOARD, UNLESS IT SHALL APPEAR TO THE COURT THAT THE BOARD ACTED IN BAD FAITH OR WITH MALICE IN MAKING THE DECISION APPEALED FROM". SECTION 8. SECTION 76 IS HEREBY AMENDED AND REENACTED TO READ AS FOLLOWS: ttl. ALL PROPOSED AMENDMENTS TO THIS ORDINANCE SHALL BE REFERRED TO THE PLANNING COMMISSION FOR RECOMMENDATION AND REPORT PRIOR TO ACTION THEREON BY THE CITY COUNCIL. THE PLANNING COMMISSION SHALL HOLD AT LEAST ONE PUBLIC HEARING ON SUCH PROPOSED AMENDMENTS AND MAY MAKE APPROPRIATE CHANGES IN THE • PROPOSED AMENDMENTS AS A RESULT OF SUCH HEARING. UPON THE COMPLETION OF ITS WORK, THE PLANNING COMMISSION SHALL PRESENT THE PROPOSED AMENDMENT TO THE CITY COUNCIL, TOGETHER WITH ITS RECOMMENDATIONS AND ANY APPROPRIATE EXPLANATORY MATERIALS DEEMED NECESSARY BY THE PLANNING COMMISSION. THE FAILURE OF THE PLANNING COMMISSION TO REPORT WITHIN NINETY DAYS AFTER THE FIRST MEETING OF THE COMMISSION AFTER THE PROPOSED AMENDMENT HAS BEEN REFERRED TO THE COMMISSION SHALL BE DEEMED APPROVAL. tt2. BEFORE APPROVING AND ADOPTING ANY AMENDMENT TO THIS ORDINANCE, THE CITY COUNCIL SHALL HOLD AT LEAST ONE PUBLIC HEARING THEREON, AFTER WHICH THE CITY COUNCIL MAY MAKE APPROPRIATE CHANGES OR CORRECTIONS IN THE PROPOSED AMENDMENT; PROVIDED, THAT NO ADDITIONAL LAND MAY BE ZONED TO A DIFFERENT CLASSIFICATION THAN WAS CONTAINED IN THE PUBLIC NOTICE REQUIRED BY THIS SECTION WITHOUT AN ADDITIONAL PUBLIC HEARING AFTER NOTICE AS REQUIRED BY THIS SECTION. AN AFFIRMATIVE VOTE OF AT LEAST A MAJORITY OF THE MEMBERS OF THE CITY COUNCIL SHALL BE REQUIRED TO AMEND ANY PROVISION OF THIS ORDINANCE. tt3. THE PLANNING COMMISSION SHALL NOT RECOMMEND, NOR SHALL THE CITY COUNCIL ADOPT, ANY AMENDMENT • TO THIS ORDINANCE UNTIL NOTICE OF INTENTION TO DO SO HAS BEEN PUBLISHED ONCE A WEEK FOR TWO SUCCESSIVE WEEKS IN A NEWSPAPER PUBLISHED OR HAVING GENERAL CIRCULATION IN THE CITY. SUCH NOTICE SHALL SPECIFY