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HomeMy WebLinkAbout2011-11~nnwwunr nnw• .. ORDINANCE 2011-11 Ordinance Authorizing the Board of Zoning Appeals To Issue Special Exception Use Permits WHEREAS, the standard by which citizens may be awarded variances to obtain relief from zoning regulations has been raised by the courts so that variances may not be issued except in the most extreme of circumstances; and, WHEREAS, the Town Council of the Town of Pulaski, Virginia has considered it in the best interest of the public, and determined that it is consistent with the general welfare of the citizens to formally amend the zoning regulations to incorporate an additional process by which property owners may be granted relief from the provisions of the zoning regulations; NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia sitting in regular session this 4~h day of October 2011, that the Zoning Regulations of the Town of Pulaski are hereby amended as follows: (1) Section 705.13 ("Powers and Duties of the Board of Zoning Appeals") of the Zoning Regulations is hereby amended by the addition of Section 705.13-4 as shown in Attachment A, affixed hereto and made expressly part of this ordinance. (2) Section 1100 ("Definitions") of the Zoning Regulations is hereby amended by the addition of the term "special exception use permit" as shown in Attachment B, affixed hereto and made expressly part of this ordinance. This ordinance is effective upon adoption and is hereby adopted this 4`" day of October 2011 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Morgan P. Welker -Aye H.M. Kidd -Aye David L. Clark -Aye ATTEST: _ ~_ e Patricia Cruise, Clerk of Council Robert A. Bopp -Aye Joseph K. Goodman -Absent Gregory C. East -Aye THE TOWN OF PULASKI, VIRGINIA BY: Jeff ~ .Worrell, Mayor Attachment A Ordinance 2011-11 Section 705.13-4. Board Authorized to Decide on Special Exception Use Permits. The Board of Zoning Appeals is authorized to hear and decide on requests for special exception use permits (also referred to as "use permits") that allow modification of placement requirements for structures on lots in all zoning districts of the Town. The Board of Zoning Appeals may impose conditions on the use permit that it deems necessary in the public interest, including limiting the duration of the use permit. The Board of Zoning Appeals shall not approve a use permit unless it finds: a. That the proposal will not affect adversely the health or safety of person's residing in the neighborhood, and b. That the proposal will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood, and c. That the proposal will not be in conflict with the purposes of the master plans and land use and zoning related policies of the Town. In determining whether the proposal will adversely affect the health and safety of persons residing in the neighborhood or will be detrimental to the public welfare, injurious to property or improvements in the neighborhood, the BZA shall consider: (1) Whether the modification will promote compatibility of development with the surrounding neighborhood, because the structure's overall footprint size and placement are similar to structures or property surrounding the lot in question; and, (2) Whether the modification will help preserve natural land form, historical features, and/or significant trees and foliage. Attachment B Ordinance 2011-11 Section 1100. Special Exception Use Permit (also referred to as "use permit").- a permit issued by the Board of Zoning Appeals which allows modification of placement requirements for structures in all zoning districts of the Town.