(a)

Pursuant to Code of Virginia, § 15.2-2308, a board consisting of seven members shall be appointed by the circuit court. The board shall serve with or without pay other than for traveling expenses. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term. (Amdmt. No. O-01-10, 12-18-01)

(b)

The members shall serve for five-year staggered terms of office. One of the seven members may be an active member of the planning commission. (Amdmt. No. 98-1, 4-21-98; Amdmt. No. O-01-10, 12-18-01)

(c)

Members may be removed for cause by the appointing authority upon written charges and after a public hearing.

(d)

Any member of the board shall be disqualified to act upon a matter before the board with respect to property in which the member has an interest.

(e)

The board shall choose annually its own chairman and vice-chairman, who shall act in the absence of the chairman.

Cross reference— Boards, commission, authorities and committees, § 2-66 et seq.

(a)

As stated in Code of Virginia, § 15.2-2309, the powers and duties of the board of zoning appeals are to:

(1)

Hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of Code of Virginia, § 15.2-2280 et seq., or of this chapter. (Amdmt. No. 90-3, 4-18-90; Amdmt. No. O-15-7, 10-6-15)

(2)

Notwithstanding any other provision of law, general or special, to grant upon appeal or original application in specific cases a variance as defined in Code of Virginia, § 15.2-2201, provided that the burden of proof shall be on the applicant for a variance to prove to a preponderance of the evidence that his application meets the standard for a variance as defined and the criteria set out in this chapter. (Amdmt. No. 90-3, 4-18-90; Amdmt. No. O-15-7, 10-6-15)

a.

A variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance; and

(i)

The property of interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance;

(ii)

The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area;

(iii)

The condition or situation of the property concerned is not of so general or recurring in nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance;

(iv)

The granting of the variance does not result in a use that is not otherwise permitted on such a property or a change in the zoning classification of the property; and

(v)

The relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance or the process for modification of the zoning ordinance at the time of the filing of the variance application. Amdmt. No. 90-3, 4-18-90; Amdmt. No. O-15-7, 10-6-15)

b.

No such variance shall be considered except after notice and hearing as required by Code of Virginia, § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first class mail rather than by registered or certified mail. (Amdmt. No. O-15-7, 10-6-15)

c.

In granting a variance the board may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. (Amdmt. No. 90-3, 4-18-90; Amdmt. No. 98-1, 4-21-98; Amdmt. No. O-15-7, 10-6-15)

(3)

Hear and decide appeals from the decision of the zoning administrator. No such appeal shall be heard, except after notice and hearing as provided by Code of Virginia, § 15.2-2204. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first class mail rather than by registered or certified mail. (Amdmt. No. 90-3, 4-18-90; Amdmt. No. 98-1, 4-21-98; Amdmt. No. O-15-7, 10-6-15)

(4)

Hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of the district boundary. After notice to the owners of the property affected by any such question and after public hearing with notice as required by Code of Virginia, § 15.2-2204, the board may interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first class mail rather than by registered or certified mail. The board shall not have the power to change substantially the locations of district boundaries as established by ordinance. (Amdmt. No. 90-3, 4-18-90; Amdmt. No. 98-1, 4-21-98; Amdmt. No. O-15-7, 10-6-15)

(5)

Hear and decide applications for such special exceptions as may be authorized in this chapter. The board may impose such conditions relating to the use provided for in the authorized special exceptions for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. No such special exception may be granted except after notice and hearing as provided by Code of Virginia § 15.2-2204. (Amdmt. No. 90-3, 4-18-90; Amdmt. No. O-15-7, 10-6-15)

(b)

No subsection of this section shall be construed as granting the board the power to rezone property.

(a)

The board of zoning appeals shall adopt such rules and regulations as it may consider necessary.

(b)

The meeting of the board shall be held at the call of its chairman or at such time as a quorum of the board may determine.

(c)

All meetings of the board shall be open to the public.

(d)

A quorum shall be at least four members. (Amdmt. No. O-15-7, 10-6-15)

(e)

Pursuant to Code of Virginia, § 15.2-2308.1, as may be amended from time to time, which section is adopted and made a part of this chapter as it is set out in extension, the board may not have ex parte communications with the county's non-legal staff or the variance applicant, landowner, or his agent or attorney prior to a hearing on a variance application to discuss the facts or law relative to a particular case. (Amdmt. No. O-15-7, 10-6-15)

Procedures for appeals to the board of zoning appeals shall be in accordance with Code of Virginia, § 15.2-2311, which section is adopted and made a part of this chapter as if set out fully in extenso.

(a)

Under this chapter, appeals shall be delivered or mailed to the board of zoning appeals c/o the zoning administrator, and a copy of the appeal shall be mailed to the secretary of the planning commission.

(b)

Appeals requiring an advertised public hearing shall be accompanied by a certified check payable to the county treasurer. Fees for appeals shall be in accordance with section 66-482.

(c)

In addition, appeals shall be governed by Code of Virginia, § 15.2-2312, as amended form time to time, which section is adopted and made a part of this chapter as if set out fully in extenso. (Amdmt. No. O-15-7, 10-6-15)

(d)

The decision on such appeal shall be based on the board's judgement of whether the administrative officer was correct. The determination of the administrative officer shall be presumed to be correct. At a hearing on an appeal, the administrative officer shall explain the basis for his determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. The board shall consider any applicable ordinances, laws, and regulations in making its decision. (Amdmt. No. O-15-7, 10-6-15)

Review of decisions of the board of zoning appeals shall be in accordance with Code of Virginia, § 15.2-2314, which section is adopted and made a part of this chapter as if set out fully in extenso.