Subject:
Title
Public Hearing on a Proposed Ordinance to Amend the Code of the Town Of Vienna, Chapter 18, Zoning, Article 2, Definitions and Article 23, Board of Zoning Appeals, Updating Variance Standards Consistent With the Code of Virginia.
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EXPLANATION AND SUMMARY:
House Bill 1849, amending the standards related to variances and the powers and proceedings of the Board of Zoning appeals, received approval from the General Assembly and was signed into law on March 26, 2015. The new provisions will take effect on July 1. Most significantly, the standards by which a variance may be granted have been changed from "unnecessary or unreasonable hardship to the property owner" to "unreasonably restrict the utilization of the property."
As a result of this revision to the Code of Virginia, it is necessary to update the Town Code to reflect the new language. A public hearing is required to consider the code change, following receipt of the recommendation of the Planning Commission. The proposed ordinance language is taken directly from the Code of Virginia.
On June 10, 2015, the Planning Commission held a public hearing regarding the proposed ordinance. After a brief discussion, the Commission voted (9-0) to recommend approval. No members of the public were present to speak for or against the proposed amendment.
Departmental Recommendation: The Director of Planning & Zoning concurs with the action of the Planning Commission as formulated at its meeting of June 10, 2015 and recommends approval of the proposed ordinance.
Finance Recommendation: N/A
Purchasing Recommendation: N/A
Town Attorney Recommendation: In order to conform with recent amendments to the state code, the Town Attorney recommends the adoption of the proposed amendments to Chapter 18 of the Town Code.
Town Manager's Recommendation: I recommend the Town Council approve of the proposed ordinance to amend the Code of the Town of Vienna, Chapter 18, Zoning, Article 2...
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