Subject:
Title
Consider amending and re-enacting Sections 10-3-118, 10-3-127 and 10-3-138 of the Harrisonburg City Code - Application Fees and Building of Zoning Appeals Board’s procedures body
Presented By: Adam Fletcher, Director - Department of Planning & Community Development
Recommendation and Review
Consider amendments to multiple Sections of the Zoning Ordinance that would increase certain application fees and to clarify procedures for hearings and decisions of the Board of Zoning Appeals (BZA). If approved, the amendments would increase application fees associated with rezonings, special use permits, Zoning Ordinance amendments, Comprehensive Plan amendments, variance requests, and appeals to the BZA. Planning Commission recommended to approve (7-0) the amendments to the Zoning Ordinance for the following: Request to amend the text and regulations of the Zoning Ordinance and to amend the text of the Comprehensive Plan would increase from $375 to $450; Requests to amend the zoning map or to amend any map associated with the Comprehensive Plan would increase from $375 plus $30 per acre to $550 plus $30 per acre; Special use permit applications would increase from $375 plus $30 per acre to $425 plus $30 per acre, and; Application fees for variance requests to deviate from certain requirements of the Zoning Ordinance as well as requests to appeal a decision of the Zoning Administrator to the BZA would increase from $275 to $300. The sections of the Zoning Ordinance that would be modified to increase the application fees noted above include: 10-3-118, 10-3-127 (a), and 10-3-138 (c) (1) and (2). The proposed amendments would also amend Section 10-3-138 (d) to clarify procedures associated with hearings and decisions of the BZA. The first sentence of Section 10-3-138 (d) states: “The board shall, within thirty (30) days, fix a time and date for the hearing of the requested variance or appeal, give public notice thereof as required by law, as well as due notice to the parties in interest, and decide the same within thirty (30) days after the hearing date.” The amendment would eliminate that statement and replace it with the following sentence: “The board shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest and make its decision within ninety days of the filing of the application or appeal.”