CITY OF BUENA VISTA
PUBLIC HEARING
 

CITY OF BUENA VISTA

Notice is hereby given that the Buena Vista City Council and Planning Commission will hold a joint public hearing on Thursday January 10, 2008, at 7:00 PM or shortly thereafter to receive public comment on the following:

 7:00 PM or shortly thereafter - Joint Public Hearing                   Amendments to 801.00

1)         ARTICLE 8-ADMINISTRATION        801.02-2           Powers and Duties Relating to Modifications       The Zoning Administrator shall have the authority to make a decision on the application for Modification. The decision of the Zoning Administrator shall constitute a decision within the purview of CODE of VIRGINIA § 15.2-2311 (Appeals to Zoning Board) and may be appealed to the Board of Zoning Appeals as provided by that section. The Zoning Administrator shall respond within ninety days of a request for a decision or determination on zoning matters within the scope of his authority unless the requester has agreed to a longer period.  801.02-2 to be added as an amendment

            801.03  Zoning Administration Process   Figure 1 outlines the administrative process to be followed under provisions of this ordinance. 801.03 to be repealed

            ARTICLE 8-ADMINISTRATION – 807.10 Applications For Modifications        807.10 to be added as an amendment                              

ARTICLE 3-DEFINITIONS OF TERMS USED IN THIS ORDINANCE

            302.108-1          Modification      A modification is a relaxation of the terms used in the zoning ordinance where such modifications will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a modification is authorized from any provision contained in the zoning ordinance with respect to physical requirements on a lot or parcel of land, including but not limited to size, height, location or features of or related to any building, structure, or improvements; establishment or expansion of a use otherwise prohibited shall not be allowed by modification, nor shall a modification be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts. 302.108-1 to be added as an amendment 

ARTICLE 10          SCHEDULE OF FEES

1001.04     Each appeal to the Board of Zoning Appeals for denial of a Modification by the Zoning Administrator shall be accompanied by a fee of $50.00         1001.14 to be added as an amendment

Public Hearing immediately following the first public hearing (801.00):

NOTE: A full copy is available at the Planning and Zoning Office located in the Municipal building at 2039 Sycamore Avenue, Buena Vista, Virginia  540-261-8607         This Adult Oriented Businesses Ordinance is new to the Land Use Regulations and is 22 pages long and addresses:

2)             Add To Table of Contents 712.00     Adult Oriented Businesses

Amend Article 7                   712.00 Adult Oriented Businesses

712.00     Adult Type Businesses,

712.01     Definitions,

712.02     Permit required from the Chief of Police,

712.03     Chief of Police Action on Application

712.04     Application Denied

712.05     Validity of Permit

712.06     Change of Ownership

712.07     Business Employee License

712.08     Grounds for Revocation

712.09     Revocation of License

712.10     Procedure upon Denial of an Application or Revocation of a Permit

712.11     Availability of Prompt Judicial Review and Determination

712.12     Inspection

712.13     Regulations Pertaining to Adult Businesses Providing Adult Entertainment

712.14     Regulations Pertaining to Adult Motels

712.15     Transfer of Permit Prohibited

712.16     Violation

712.17     Effective Date

Amend The General Manufacturing District which will become a part of the Land Use Regulations On January 13, 2008.  The following will be amended:

611.02 Permitted Uses

611.02-24                Adult Businesses

(a) I, II, III, IV, V, VI, VII, VII, IX, X, X1, XII, (b), (c), (d), (e), (f), (g), (g1), (h), (i), (j), (k),

Public Hearing immediately following the 2^nd public hearing  (Adult Businesses Ordinance):

3)             A request by the City of Buena Vista to close the roadway located exclusively on Parcel A, Section E, and on Lot 1, Block 27, Section 1, as shown on the plat entitled “Subdivisions of the lands of Buena Vista Company into lots” of record in the Clerks Office of the Circuit Court of the City of Buena Vista, Va. Section E, Parcel A @ 6^th Street and Magnolia

The Hearings will be held in the Council Chambers located within the Municipal Building, 2039 Sycamore Avenue.  Any questions regarding this matter should be directed to Robert Luke, Planning and Zoning, 261-3164. 

The Planning Commission may convene in separate quarters after each public hearing to discuss this issue or issues and bring back a recommendation to the City Council if it is their wishes. The public is invited to attend if this special meeting is called by the Chairman of the Planning Commission, or in his absence, the Vice-Chairman.

A copy of the applications are on file in the City Planner's Office, 2039 Sycamore Avenue, and is available for review from 8:30 AM to 5:00 PM, Monday - Friday. 

By Order of the Buena Vista City Council

As an adjoining Landowner for the roadway to be abandoned, this public hearing notice is scheduled for January 10 at 7:00 PM or thereafter. You are welcome to come and express your concerns

The City of Buena Vista