§ 98-1028. Administrative modification.

(a)

Pursuant to Code of Virginia, § 15.2-2286.A.4., the zoning administrator may grant a modification from provisions contained in this chapter with respect to physical requirements on a lot or parcel of land, including but not limited to size, height, location or features of or related to any building, structure or improvements upon finding in writing all of the following:

(1)

The strict application of the chapter would produce undue hardship;

(2)

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

(3)

The authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification.

(b)

Prior to the granting of a modification, the zoning administrator shall give all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice. Notice shall be sent by first class mail and an affidavit of such mailing shall be kept in the file.

(c)

The zoning administrator shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this paragraph.

(d)

The decision of the zoning administrator shall constitute a decision within the purview of Code of Virginia, § 15.2-2311, and may be appealed to the board of zoning appeals as provided by section 98-1023.

(Ord. No. O-20-07, 9-24-07)

(Ord. No. O-20-07, 9-24-07)