SECTION 5

ADMINISTRATION OF ZONING REGULATIONS

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5.100 PLANNING AND ZONING COMMISSION

The Planning and Zoning Commission is established with authority to prepare and update the Comprehensive Plan for the orderly growth of the community, and to provide implementation of the comprehensive Plan through zoning, subdivision control, and other related techniques. The Planning and Zoning Commission shall hold public hearing on request for land use considerations, except variances, and forward recommendations of action to the City Council. The City Council shall hold a public hearing and make a final determination concerning each such request.

5.200 ZONING AMENDMENTS

The purpose of this Section is to prescribe the manner in which changes may be made in the text of the Zoning Regulations, Text Amendment, and the procedure to change the application of the Zoning Districts Map to property in the City of Fredericksburg (Rezoning).

5.210 Jurisdiction

The City Council shall have jurisdiction with respect to all Text Amendments and Rezoning requests. The Planning and Zoning Commission shall review and submit a recommendation to the City Council for all Text Amendments and Rezoning requests prior to action by the City Council.

5.220 Initiation

1. A Text Amendment may be initiated by the Planning and Zoning Commission or the City Council.
2. A Rezoning request may be initiated by the owner of the property involved, or his/her duly authorized agent, by filing an application as prescribed in this Section. If the property is owned by more than one person or entity, all the owners or their authorized agents shall join in filing the application. A rezoning request may also be initiated by the Planning and Zoning Commission or the City Council.

5.230 Application and Fee

1. Application for rezoning initiated by a property owner shall be filed with the Director of Planning and Zoning on a form prescribed by the Director of Planning and Zoning and shall include the following data and maps:

1. Name and address of the owner and applicant.
2. Address and legal description of the property.
3. If the applicant is not the legal owner of the property, statement that the applicant is the duly authorized agent of the owner.
4. A City tax parcel map of the area proposed for Rezoning and the surrounding area, showing existing streets and property lines, and existing district boundaries. The map shall include an area determined by the Director of Planning and Building to be necessary to illustrate the relationship to and potential impact on the surrounding area from the property proposed for zoning.
5. The current zoning and requested zoning of the property.

1. The Director of Planning and Building may require additional information or maps if it is necessary to enable the Planning and Zoning Commission and the City Council to determine whether the change is consistent with the objectives of the Zoning Regulations and the Comprehensive Plan.
1. An application for an amendment initiated by a property owner shall be accompanied by a fee established by the City Council.
2. An amendment initiated by the Planning and Zoning Commission or City Council shall be pursuant to a motion of the body. The Director of Planning and Building shall prepare the information prescribed in paragraph (A) above, pursuant to the intent of the motion. No fee shall be applicable.
3. An application for Rezoning will not be accepted unless the requested zoning classification conforms to the Comprehensive Land Use Plan. An application may apply for a change in the Comprehensive Land Use Plan concurrently with a Rezoning application; however, the Planning and Zoning Commission and the City Council shall consider and make its recommendation or decision on the Comprehensive Land Use Plan change prior to the Rezoning.
4. A Text Amendment may be initiated by the Planning and Zoning Commission or by the City Council and shall be pursuant to a motion of the body. The City Attorney shall prepare a draft of an ordinance amending the text of the Zoning Regulations pursuant to the intent of the motion. No fee shall be applicable.

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5.240 Public Hearing

Within sixty (60) days after the filing of a completed application, the Planning and Zoning Commission shall hold a public hearing on such application for a Text Amendment or Rezoning. Notice shall be given as prescribed in Section 5.800. At the public hearing, the Planning and Zoning Commission shall review the application or the proposal and shall receive pertinent evidence relating to consistency with the objectives of this ordinance, the Comprehensive Plan and the development policies of the City.

5.250 Recommendation of the Director of Planning and Building

The Director of Planning and Building shall review each application and shall prepare a recommendation thereon which shall be filed with the Planning and Zoning Commission and made available to the applicant at least five (5) days prior to the public hearing.

5.260 Action by the Planning and Zoning Commission

The Planning and Zoning Commission shall act on the application within twenty (20) days following the closing of the public hearing. The Planning and Zoning Commission shall determine whether, in its opinion, the change is consistent with the objectives of his Ordinance and with the Comprehensive Plan, and shall recommend to the City Council that the Text Amendment or Rezoning be enacted, be enacted in modified form, or be denied.

5.261 Alternate Classification in Lieu of Proposed Classification

The Planning and Zoning Commission may recommend more restrictive classification than that requested by the applicant.

5.270 Action by the City Council

Within forty (40) days following receipt of the recommendation of the Planning and Zoning Commission, the City Council shall hold at least one public hearing on the Text Amendment or Rezoning. Within twenty (20) days following the closing of a public hearing, the City Council shall make a specific finding as to whether the change is consistent with the objectives of this Ordinance and with the Comprehensive Plan. If the change is not consistent with the Comprehensive Land Use Plan, the Comprehensive Land Use Plan must be amended prior to a zoning change, as prescribed in section 5.300.If the City Council finds that the change is consistent with the Zoning Regulations and the Comprehensive Plan, it shall introduce an ordinance amending the Zoning Districts Map, whichever is appropriate.

5.271 Protest Provision

If the Planning and Zoning Commission has not recommended approval of the Rezoning Application, or if there is a protest against the Rezoning Application signed by the owners of twenty (20) percent or more of either the area of the property included in the Rezoning Application, or of the area of the property immediately adjoining the same and extending two hundred (200) feet there from, such Rezoning Application shall not become effective except by the favorable vote of three-fourth (3/4) of the members of the City Council.

5.280 Change of Zoning Map

A change in district boundaries shall be indicated on the Zoning Districts Map.

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5.300 COMPREHENSIVE LAND USE PLAN

Comprehensive Land Use Plan changes are subject to the same procedural requirements outlined in Section 5.200, Zoning Amendments. Private parties requesting such a change are subject to the established fee. The Planning and Zoning Commission and the City Council may initiate a Comprehensive Land Use Plan change. No fee shall be applicable.

5.310 Review and Evaluation Criteria

The Planning and Zoning Commission shall make the following determinations prior to forwarding a recommendation to the City Council. Before it can grant a change of Comprehensive Land Use Plan designation, the City Council must confirm the findings.

1. The property affected by the request is adequate in size and shape to facilitate those uses normally associated with the requested designation.
2. The property affected by the request does not exceed the capabilities of the infrastructure.
3. The request will have no adverse affect on any property within six hundred (600) feet of the affected property.
4. The requested change is to accommodate an appropriate land use and is consistent with other elements of the Comprehensive Plan.
5. The request, together with the applicable conditions, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

5.400 CONDITIONAL USE PERMIT

The purpose of this procedure is to provide for review and discretionary approval of uses typically having unusual site development features or unique operating characteristics requiring special consideration so that they may be located, designed, and operated compatibly with uses on surrounding properties and within the City at large. The Conditional Use Permit process is intended to encourage broad public review and evaluation of site development features and operating characteristics and to ensure adequate mitigation of potentially unfavorable impacts.

5.410 Jurisdiction

The City Council shall have jurisdiction with respect to all Conditional Use Permits. The Planning and Zoning Commission shall review and submit a recommendation to the City Council on all applications for a Conditional Use Permit.

5.420 Application and Fee

Application for a Conditional Use Permit shall be filed with the Director of Planning and Building. The application shall include the following:

1. Name and address of the owner and applicant.
2. Address and legal description of the property.
3. If the applicant is not the legal owner of the property, a signed statement by the owner that the applicant is the authorized agent of the owner of the property.
4. A statement describing the nature and operating characteristics of the proposed use, including any data pertinent to the finding required for approval of the application. For uses involving public assembly or industrial processing, or uses generating potentially high volumes of vehicular traffic, the Director of Planning and Building may require specific information relative to the anticipated peak loads and peak use periods, relative to industrial standard or substantiating the adequacy of proposed parking, loading and circulation facilities.
5. Site plans, preliminary building elevations, preliminary improvement plans, and such additional maps and drawings, all sufficiently dimensional as required to illustrate the following:

1. The date, scale, north point, title, name of owner and name of person preparing the site plan.

 

2. The location and dimensions of boundary lines, with distances and bearings, easements, and required yards and setbacks, water courses, drainage features and location and size of existing and proposed streets and alleys and the one hundred (100) year flood plain.
3. The location, height, bulk, general appearance, and intended use of existing and proposed buildings on the site, and the approximate location of existing buildings on abutting sites within fifty (50) feet.
4. The location of existing and proposed site improvements including parking and loading areas, pedestrian and vehicular access, landscaped areas, utility or service areas, fencing and screening, signs and lighting.
5. The location of water courses and drainage features.
6. The number of existing and proposed off-street parking and loading spaces, and a calculation of applicable minimum requirements.
7. For sites with an average slope greater than ten (10) percent, a plan showing existing and proposed topography and grading and proposed erosion control measures.
8. The relationship of the site and the proposed use to surrounding uses, including pedestrian and vehicular circulation, current use of nearby parcels, and any proposed off-site improvements to be made.

1. Any applicable fee shall be established by the City Council.

5.421 Concurrent Applications

Application for a Conditional Use Permit and for Rezoning for the same property may be made concurrently, subject to the fee applicable to a Rezoning.

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5.430 Public Hearing

Within sixty (60) days after filing of a completed application, the Planning and Zoning Commission shall hold a public hearing on such application for a Conditional Use permit. Notice shall be given as prescribed in Section 5.800. At the public hearing, the Planning and Zoning Commission shall review the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings prescribed in Section 5.450.

5.440 Recommendation of the Director of Planning and Building

The Director of Planning and Building shall review each application and shall prepare a recommendation thereon which shall be filed with the Planning and Zoning Commission and made available to the applicant at least five (5) days prior to the public hearing.

5.450 Action by the Planning and Zoning Commission

The Planning and Zoning Commission shall act on the application within twenty (20) days following the closing of the public hearing. The Planning and Zoning Commission shall determine whether, in its opinion, the change is consistent with the objectives of this Ordinance and with the Comprehensive Plan, and shall recommend to the City Council that the Conditional Use Permit be enacted, enacted in modified form or be denied.

5.460 Review and Evaluation Criteria

The Planning and Zoning Commission and City Council shall review and evaluate Conditional Use Permit applications using the following criteria:

1. Conformance with applicable regulations and standards established by the Zoning Regulations.
2. Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk and scale, setbacks and open spaces, landscaping and site development, access and circulation features.
3. Potentially unfavorable affects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may result from use of the site for a permitted use.
4. Modifications (including variance from property development regulations) to the site plan which would result in increased compatibility, would mitigate potentially unfavorable impacts, would be necessary to conform to applicable regulations and standards and would protect the public health, safety, morals and general welfare.
5. Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use and other uses reasonable and anticipated in the area; existing zoning and land uses in the area.
6. Protection of persons and property from erosion, flood or water damage, fire, noise, glare and similar hazards and impacts.
7. Location, lighting, and type of signs; the relation of signs to traffic control and adverse effect of signs on adjacent properties.
8. Adequacy and convenience of off-street parking and loading facilities.
9. Determination that the proposed use is in accordance with the objectives of these Zoning Regulations and the purposes of the zone in which the site is located.
10. Determination that the proposed use will comply with each of the applicable provisions of these Zoning Regulations.
11. Determination that the proposed use and site development, together with any modifications applicable thereto, will be compatible with existing or permitted uses in the vicinity.
12. Determination that any conditions applicable to approval are the minimum necessary to minimize potentially unfavorable impacts on nearby uses and to ensure compatibility of the proposed use with existing or permitted uses in the same district and the surrounding area.
13. Determination that the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.

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5.470 Actions by the City Council

Within forty (40) days following receipt of the recommendation of the Planning and Zoning Commission, the City Council shall hold at least one public hearing on the Conditional Use Permit. Notice shall be given as prescribed in Section 5.800. Within twenty (20) days following the closing of a public hearing, the City Council may grant a Conditional Use Permit as the Permit was applied for in a modified form or subject to conditions, or may deny the application. The City Council shall notify the applicant of its decision.

5.471 Conditions

The Planning and Zoning Commission, in considering and determining its recommendation, and the City Council, on any request for a Conditional Use Permit, may require from the applicant’s plans, information, operation data and expert evaluation concerning the location, function and characteristics of any building or use proposed. The City Council may, in the interest of the public welfare and to assure compliance with this Ordinance, establish conditions of operation, location, arrangement and construction of any use for which a permit is authorized or may allow a variance from property development standards. In authorizing the location of any of these uses listed as Conditional Use Permits, the City Council may impose such development standards and safeguards as the conditions and location indicate important to welfare and protection of adjacent property from excessive noise, vibration, dust, smoke, fumes, gas, odor, explosion, glare, offensive view or other undesirable or hazardous conditions. The City Council, in approving or conditionally approving a Conditional Use Permit, may set forth in its decision reasonable conditions which will ensure the intent and purposes of the Zoning Regulations and avoid the creation or detrimental affect upon abutting properties which may include, but not limited to the following:

 

 

Duration of use	Time period in which the proposed use shall be developed or constructed
Fences, hedges and walls	Surfacing of parking areas
Regulation of noise, vibration, odors, etc.	Regulation of time for certain activities
Regulation of signs	Requiring maintenance of the grounds
Regulation of use or uses	Special yards, spaces and buffers
Requiring street, service road or alley dedications and improvements or appropriate bonds	Regulation of locations of vehicular ingress and egress

Including such other conditions that will make possible the development occurs in an orderly and efficient manner, and in conformity with the intent and purposes of applicable ordinances.

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5.480 Protest Provisions

If the Planning and Zoning Commission has not recommended approval of the Conditional Use Permit Request, or if there is a protest against the rezoning signed by the owners of twenty (20) percent of the property immediately adjoining the same and extending two hundred (200) feet there from, such rezoning shall not become effective except by the favorable vote of three-fourths (3/4) of the members of the City Council.

 

5.481 Suspension and Revocation

1. Upon violation of any applicable provision of this ordinance, or, if granted subject to conditions, upon failure to comply with conditions, a Conditional Use Permit shall be suspended after thirty (30) days written notification to the owner of a use or property subject to a Conditional Use Permit.
2. Discontinuance: A conditional use permit is automatically terminated upon a change in use, upon discontinuance, being defined as non-operation or non-use for 365 successive days. Discontinuance may be, but not required to be, evidenced by termination of utility service, the failure to maintain regular hours of operation, the utilization of the premises for other purposes, abandonment or by other reasonable means.
3. Upon failure to start construction or establish a use within two (2) years of approval of a conditional use permit.

5.490 Prior Special Permits and Covenants

1. A use legally established pursuant to a Specific Use Permit prior to the date of adoption of these Zoning Regulations shall be deemed a pre-existing conditional use and shall be permitted to continue, provided that it is operated and maintained in accord with any conditions prescribed at the time of its establishment.
2. Alteration or expansion of a pre-existing specific use shall be permitted only upon the granting of a Conditional Use Permit as prescribed in these regulations, provided that alterations not exceeding $2,500 in value as determined by the Director of Planning and Building, shall be without the granting of a Conditional Use Permit.
3. A Conditional Use Permit shall be required for the construction of a structure housing a pre-existing use if the structure is destroyed by fire or other calamity, but specific act of God or by the public enemy to an extent greater than fifty percent (50%). The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the Director of Planning and Building and shall be based on the minimum cost of construction in compliance with the Building Code.

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5.500 BOARD OF ADJUSTMENT

The Board of Adjustment shall have the following powers:

1. Variances. To authorize upon appeal in specific cases such variance from the terms of the Zoning Property Development Regulations and Sign Ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provision of the Zoning Regulations will result in unnecessary hardship, and so that the spirit of the Zoning Regulations shall be observed and substantial justice done. See Section 5.600.
2. Administrative Appeals. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the Zoning Regulations. See Section 5.700.

5.600 VARIANCE PROCEDURE

This procedure is intended to provide relief from the terms of the Zoning Property Development Regulations and Sign Ordinance when, because of special circumstances applicable to the property, the strict application of the Zoning Property Development Regulations and Sign Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, and to ensure that any adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the district in which such property is situated.

5.610 Application

1. Application for a Variance shall be filed with the Director of Planning and Building. The application shall include the following:

1. Name and address of the owner or applicant.
2. Address and legal description of the property.
3. If the applicant is not the legal owner of the property, a statement that the applicant is the authorized agent of the owner.
4. A statement describing the Variance requested and the reasons why it complies with the criteria for Variances provided in Section 5.650.
5. Site plans, preliminary building elevations, preliminary improvement plans or other maps or drawings, sufficiently dimensional as required to illustrate the following, to the extent related to the Variance application:

1. Existing and proposed location and arrangement of uses on the site, and on abutting sites within fifty (50) feet.
2. Existing and proposed site improvements, buildings and other structures on the site, and any off-site improvements related to or necessitated by the proposed use. Building elevations shall be sufficient to indicate the general height, bulk, scale and architectural character.
3. Existing and proposed topography, grading, landscaping, screening, irrigation facilities and erosion control measures.
4. Existing and proposed parking, loading and traffic and pedestrian circulation features, both on the site and any off-site facilities or improvements related to or necessitated by the proposed use.

1. The Director of Planning and Building may request additional information necessary to enable a complete analysis and evaluation of the variance request, and a determination as to whether the circumstances prescribed for the granting of a Variance exist.
1. The application shall be accompanied by a fee established by the City Council. A single application may include requests for Variances for more than one regulation applicable to the same site, or for similar Variances on two or more adjacent parcels with similar characteristics.

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5.620 Report of the Director of Planning and Building

The Director of Planning and Building shall review and prepare a report on the application. The report shall be filed with the Board of Adjustment and made available to the applicant at least five (5) days prior to the public hearings.

5.630 Public Hearing and Notice

The Board of Adjustment shall hold a public hearing within forty-five (45) days on each application for a Variance. Notice shall be given as prescribed in Section 5.800. The Board shall adopt rules governing the conduct of its public hearings, including rules for the presentation of evidence.

5.640 Action by the Board of Adjustment

1. The Board of Adjustment shall act upon the application not more than twenty (20) days following the close of the public hearing on a Variance. The Board may grant a variance as the Variance was applied for or in modified form, or subject to conditions, or the application may be denied. A Variance may be revocable, may be granted for a limited time period, or may be granted subject to conditions as the Board may prescribe. The Board shall notify the applicant of its decision.
2. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to grant a Variance.

5.650 Findings

Basic Criteria. The Board of Adjustment may grant a Variance if it makes affirmative findings of fact on each of the following criteria:

1. The Zoning Regulations applicable to the property do not allow for a reasonable use.
2. The plight of the owner of the property is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the zoning district in which the property is located.
3. The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property and will not impair the purposes or regulations to the Zoning District in which the property is located.

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651. Parking: Additional Criteria.

The City Council may grant a Variance to a regulation prescribed by this ordinance with respect to the number of off-street spaces or loading facilities required if it makes findings of fact that the following additional criteria are also satisfied:

1. Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretations and enforcement of the specific regulation.
2. The granting of the Variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic of the streets.
3. The granting of the Variance will not create a safety hazard or any other condition inconsistent with the objectives of this ordinance.
4. The Variance shall run with the use or uses to which it pertains, and shall not run with the site.

5.652 Signs: Additional Criteria

The Board may grant a variance to a regulation prescribed by the Sign Ordinance with respect to the placement of signs, the height of signs or the area of signs if it affirmatively finds each of the following:

1. That a sign is being replaced. For the purposes of this Section, replacement shall include the erection of a new or different sign due to the removal of another sign for any reason, including the change of name of a business whether from change of ownership, business being conducted, or otherwise, the change of a sign for a continuing business containing the same or different information as the sign being replaced, and the replacement of signs due to damage or vandalism.
2. That all structures on the property for which the sign is proposed that would impede the replacement of a sign were constructed prior to February 17, 1986.
3. That it is impractical to abide by existing placement, height or area regulations due to the placement, size of construction of existing structures in relationship to the physical characteristics of the site. For purposes of illustration, physical characteristics may include topography of the site or surrounding sites, structures on surrounding sites, traffic conditions, street layouts and existing natural vegetation.
4. That the other types of signs which are permitted by this Ordinance cannot practically be used. In making this determination of practicality, the Board may consider

1. The undesirability of altering a historic site to accommodate a sign which would be permitted with no variance under this Ordinance; or
2. That alternatives permitted by this Ordinance would involve extensive reconstruction of structures; or
3. That alternatives permitted by this Ordinance are prohibitively expensive; or
4. That alternatives permitted by this Ordinance will not effectively identify the subject of the sign.

1. That the proposed sign has been reviewed by the Historic Review Board if applicable.
2. That the proposed variance is as close to the requirements of the sign ordinance as is feasible.

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5.660 Effective Date of Variance

A decision of the Board of Adjustment on a Variance shall be effective immediately.

5.670 Lapse of Variance

1. Unless a longer time period shall be specifically established as a condition of approval, a Variance shall lapse and shall become void one year following the date on which the Variance became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the Variance application, or a certification of occupancy is issued for the site or structure which was the subject of the Variance if no building permit or certificate of occupancy is required.
2. A Variance subject to lapse may be renewed by the Board for an additional period of one year, provided that prior to the expiration date, a written request for renewal is filed with Board.
3. The Board may grant or deny any application for renewal.

5.671 Suspension and Revocation

Upon violation of any applicable provision of this ordinance, or, if granted subject to conditions, a Variance shall be suspended after thirty (30) days written notification to the owner of the use or property to the Variance.

5.680 Variance to Run With Land or Structure

Unless pertaining to off-street parking and loading regulations, or otherwise specified at the time a Variance is granted, a Variance shall run with the land and shall continue to be valid upon a change of ownership of the site or structure to which it applies.

5.690 Variance Appeal Procedure

Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department or board of the City may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the Board of Adjustment.

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5.700 ADMINISTRATIVE APPEALS PROCEDURES

This procedure is intended to afford review of administrative actions taken pursuant to the Zoning Regulations where such actions may be in error.

Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer, department, or board of the City affected by any administrative decision of the Director of Planning and Building. Such appeal shall be taken within thirty (30) days after the decision, by filing with the Director of Planning and Building, and with the Board of Adjustment a notice of appeal, which shall specify the grounds thereof. The Director of Planning and Building shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

5.710 Fee

The appeal shall be accompanied by a fee prescribed by the City Council. The fee shall be refunded if the appeal is upheld.

 

5.720 Stay of Proceedings

An appeal from the action of the Director of Planning and Building shall stay all proceedings in furtherance of such action unless the Director of Planning and Building certifies to the Board of Adjustment after the notice of appeal has been filed with him/her, that by reason of the fact stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In the event the Director of Planning and Building shall make and file such certificate, his/her action shall not be stayed otherwise than by a restraining order that may be granted by the Board of Adjustment or by a court of record, upon application of the party aggrieved by the action of the Director of Planning and Building and after notice to him/her and upon due cause shown.

5.730 Public Hearing and Notice

The Board of Adjustment shall hold a hearing within forty-five (45) days on the appeal. Notice shall be given as prescribed in Section 5.800. Upon the hearing of such appeal, any interested party may appear in person or by an agent or by an attorney.

5.740 Action

1. The Board of Adjustment shall act on the appeal within twenty (20) days following the closing of the public hearing. In exercising the powers set out in this section, the Board of Adjustments may, in conformity with the provisions of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Director of Planning and Building from whose action the appeal is taken. The Board shall notify the applicant of its decision.
2. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement decision, or determination of the Director of Planning and Building or to decide in favor of the applicant any matter upon which it is required to pass under this subsection.

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5.800 PUBLIC NOTICE PROCEDURE AND FEES

Notice of a public hearing for consideration of a Rezoning, Text Amendment, Conditional Use Permit, Comprehensive Land Use Change, Variance or Administrative Appeal shall be as follows:

5.810 Procedure

820. Fees

Fees per Appendix A of the Code of Ordinances.

5.821 Time of Payment

The fees are due and payable at the time of the initial request or the application and entitle the applicant to consideration only and not affirmative disposition.

5.822 Waivers

The intent of this section is further to assure that no citizen or group is denied access to due process of law through an inability to pay for such services. When an individual or group requests an action under this Ordinance for which a fee is required, the City Council is hereby authorized to inquire into hardships which may be caused by this payment of such fees and may instruct that all or part of such fee is to be waived.

5.823 Refunds

The fees established shall be non-refundable to the applicant, except as provided in Section 5.710.

5.900 ZONING-ANNEXED TERRITORY

All territory hereafter annexed to the City of Fredericksburg shall be concurrently zoned in accordance with the Land Use Plan in accordance with the provisions of this Section.

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