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1991 Ordinances
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1991 Ordinances
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2/6/2009 3:41:02 PM
Creation date
6/14/2001 5:14:46 PM
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Ord/Resolutions
Year
1991
Ord/Resolutions - Type
Ordinances
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(d) <br /> <br />after notice and hearing as provided by the Code of Virginia. <br /> <br />To hear and decide applications for interpretation of the district map where <br />there is any uncertainty as to the location of a district boundary. After <br />notice to the owners of the property affected by any such question, and <br />after public hearing with notice as required by the Code of Virginia, (as <br />the board may interpret the map in such way as to carry out the intent and <br />purpose of the zoning ordinance for the particular section or district in <br />question. The board shall not have the power to change substantially the <br />locations of district boundaries as established by the zoning ordinance. <br /> <br />Sec. 40-194. Limitations on powers and duties. <br /> <br />(a) <br /> <br />The board of zoning appeals shall have no authority to alter the <br />requirements of this Chapter with respect to off-street loading spaces and <br />off-street parking. <br /> <br />(b) No provision of this section shall be construed as granting any board the <br /> power to rezone property. <br /> <br />See. 40-195. Var/ances; hardship or difficulty required. <br /> <br /> Where exceptional conditions make strict application of this Chapter result in <br />peculiar and exceptional practical difficulties to, or exceptional and undue hardship <br />upon, the owner of the affected prope~y, the board of zoning Appeals is <br />authorized, upon appeal or original application to the board, to grant a variance <br />from the strict application of this Chapter in order to relieve such hardship or <br />difficulties, as follows: <br /> <br />(a) <br /> <br />When a property owner can show that his property was acquired in good <br />faith and where by reason of the exceptional narrowness, shallowness, size <br />or shape of a specific piece of property at the time of the effective date of <br />the zoning ordinance; or <br /> <br />(b) <br /> <br />Where by reason of exceptional topographic conditions or other <br />extraordinary situation or condition of such piece of property, or of the <br />use or development of property immediately adjacent thereto, the strict <br />application of the terms of the zoning ordinance restrict the use of the <br />property or where the board is satisfied, upon the evidence heard by it, <br />that the granting of such variance will alleviate a clearly demonstrable <br />hardship approaching confiscation, as distinguished from a special <br />privilege or convenience sought by the applicant, provided that all <br />variances shall be in harmony with the intended spirit and purpose of the <br />zoning ordinance. <br /> <br />Sec. 40-195.1. Fint~ings required. <br /> <br /> No such variance shall be authorized by the board unless it finds: <br /> <br />134 <br /> <br /> <br />
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