The zoning administrator or his/her designee shall have the following duties:

1. Upon finding that any of the provisions of this chapter are being violated, notify in writing the person responsible for such violation indicating the nature of the violation and ordering the action necessary to correct the violation.
   
2. Order discontinuance of illegal uses of land, buildings or structures. Order removal of illegal buildings or structures or illegal additions, alterations or structural changes.
   
3. Order discontinuance of any illegal work being done. Take any other action authorized by this chapter to administer, ensure compliance with or prevent violations of this chapter.

1. Review all proposed amendments to this chapter, including the district boundaries, and make recommendations to the town council.
2. Review all proposed conditional use permits and make recommendations to the town council.
3. Perform such studies as requested by town council.
4. Perform such other duties as are prescribed by this chapter.

1. Officers. The board of zoning appeals shall elect from among its members a chairman and a vice-chairman who shall serve in the absence of the chairman. The chairman and vice-chairman shall serve annual terms and may succeed themselves. The board shall elect a secretary who may be the zoning administrator or other qualified person who is not a member of the board. The secretary shall be responsible for preparing notices of hearings and minutes of meetings, keeping records, conducting official correspondence and such other duties as assigned by the board. The secretary shall not be entitled to vote on matters before the board.
   
2. Support services. With the approval of the town council and within limits of funds that may be appropriated for such purposes, the board of zoning appeals may employ or contract for such clerical, technical or legal services necessary for it to carry out its responsibilities.
   
3. Rules and forms. The board of zoning appeals shall adopt such rules as it deems necessary for the conduct of its business consistent with the provisions of this article and title 15.2 of the Code of Virginia, 1950, as amended. Copies of such rules shall be available to the public. The board shall see that standard forms are available for the filing of applications and appeals. Forms shall be provided to applicants by the zoning administrator.
   
4. Records. The board of zoning appeals shall keep records of all its official actions, including minutes of its proceedings with the vote of each member on each question and the reasons of the board for each action taken. Minutes and records shall be public and shall be filed in the office of the board.
   
5. Annual report. The board of zoning appeals shall submit an annual report of its activities to the town council with a copy to the planning commission.
   
6. Regular meetings. The board of zoning appeals shall, in accordance with its rules, schedule regular monthly meetings which shall be open to the public. The board may cancel any regular meeting if, by the filing deadline for applications and appeals to be heard at such meeting, there is no business to be brought before the board. The board may hold such other meetings as may be called by its chairman or by a quorum of its members.
   
7. Public hearings. The board of zoning appeals shall make no decision on any application or appeal until it has conducted a public hearing in accordance with this article, and after giving public notice as required by the provisions of section 15.2-2204 of the Code of Virginia, 1950, as amended. Such notice provisions shall be incorporated in or attached to the board's rules. A quorum of not less than three (3) members of the board shall be required for the conduct of any hearing and the taking of any action.

Pursuant to section 15.2-2309 of the Code of Virginia, 1950, as amended, the board of zoning appeals shall have the following powers and duties.

1. Appeals. The board shall have the power to hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator or any other administrative officer in the administration or enforcement of this chapter.
   
2. Variance. The board shall have the power to authorize upon application in specific cases, such variance as defined in section 15.2-2201 of the Code of Virginia, 1950, as amended, from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, provided that the spirit of this chapter shall be observed and substantial justice done. All variances shall be in harmony with the intended spirit and purpose of this chapter. The board shall grant a variance only:
   
   1. When a property owner can show that his or her property was acquired in good faith; and
      
   2. Where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of this chapter or subsequent amendment thereto, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the utilization of the property; or
      
   3. Where the board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of the ordinance.
      
   4. No such variance shall be authorized by the board unless it finds:
      
      1. The strict application of the ordinance would produce undue hardship relating to the property;
         
      2. Such hardship is not shared generally by other properties in the same zoning district and the same vicinity as the subject property;
         
      3. The authorization of such variance will not be of substantial detriment to adjacent property, and the character of the district will not be changed by the granting of the variance; and
         
      4. The condition or situation of the property concerned is not of so general or recurring nature as to make reasonably practicable the formulation of a general regulation to be adopted by the town council as an amendment to the ordinance.
         
         No variance granted by the board shall include a change in use. In authorizing 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 satisfied.
         
3. Special exception. The board shall have the power to hear and decide applications for such special exceptions as may be specifically authorized elsewhere in this chapter to be considered by it. In granting any such special exception, the board may impose such conditions relating to the use provided for as it may deem necessary in the public interest, including limiting the duration of the special exception, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be satisfied.
   
   The board shall have the authority to revoke a special exception granted by it under the authority of this chapter if the board determines that there has not been compliance with the terms or conditions of the special exception. No special exception may be revoked except after notice and hearing as required by this article.
   
   
4. Interpretation of official zoning map. The board shall have the power to hear and decide applications for interpretation of the official zoning map where there is any uncertainty as to the location of a district boundary, and where the rules for interpretation of district boundaries set forth in this chapter do not satisfactorily resolve such uncertainty. After written notice to the owners of the property affected by any such question, and after public hearing with notice as required, 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. The board shall not have the power to change substantially the locations of district boundaries established by this chapter.
5. Prohibition on rezoning of property. No provision of this article shall be construed as granting the board the power to rezone property, which power shall be vested in the town council.

1. Who may file appeal. An appeal to the board of zoning appeals pursuant to ATC section 21-221(a) may be taken by any person aggrieved or by any officer, department, board or bureau of the town affected by any decision of the zoning administrator or by any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this chapter.
   
2. Filing of appeal. An appeal shall be taken within thirty (30) days after the decision appealed from by filing with the zoning administrator and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all papers and other materials constituting the record upon which the action appealed from was taken. A copy of the notice of appeal shall also be transmitted to any other individual, officer, department or agency involved in the appeal.
   
3. Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that, by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order granted by the board or by a court of record, on application and with notice to the zoning administrator, and for good cause shown.
   
4. Who may file application for variance or interpretation of map. An application for a variance or interpretation of the official zoning map pursuant to ATC section 21-221 (b) or (c), may be made by any property owner, tenant, government official, department, board or bureau, on forms provided for such purpose by the board and available from the zoning administrator.
   
5. Application procedure. Applications for variance or interpretation of the official zoning map shall be submitted to the zoning administrator in accordance with rules adopted by the board. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board who shall place the matter on the docket to be acted upon by the board, or if the zoning administrator serves as secretary of the board, he or she shall place the matter on the docket to be acted upon by the board. The zoning administrator shall transmit copies of all applications to the planning commission, which may send a recommendation to the board or appear as a party at the hearing.
   
6. Reconsideration of application. Substantially the same application for a variance or interpretation of the official zoning map which has been decided by the board shall not be considered again by the board within one year of the date of its decision, except that the board may, pursuant to its rules, reconsider an application if it finds that new or additional information is available which would have a direct bearing on the case and which could not reasonably have been presented at the initial hearing.
   
7. Public hearings and decisions. No decision on any application or appeal shall be made by the board until it has conducted a public hearing after giving public notice, including newspaper advertisements and written notices to affected parties, as required by the provisions of section 15.2-2204 of the Code of Virginia, 1950, as amended. The board shall fix a reasonable time for the hearing of an application or appeal, give the required public notice thereof, as well as due notice to the parties in interest, and decide the same within ninety (90) days of the filing of the application or appeal.
   
8. Action by the board. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from. The concurring vote of not less than three (3) members of the board shall be necessary to reverse any order, requirement, decision or determination of an administrative officer, or to decide in favor of the applicant in any matter upon which it is required to pass under this chapter, or to effect any variance from the provisions of this chapter.
   
9. Oaths and witnesses. The chairman of the board or, in his or her absence, the acting chairman may administer oaths and compel the attendance of witnesses.
   
10. Expiration of variance. A variance granted by the board shall lapse and be of no effect if, after the expiration of one year from the date of such action by the board, no construction or change in use pursuant to such variance has taken place, provided that the board may, for good cause shown, specify a longer period of time in conjunction with its action to grant a variance.
    
11. Amendment of variance. The procedure for amendment of a variance granted by the board, including any changes in the conditions attached thereto, shall be the same as for a new application.
    
12. Enforcement of decisions. Decisions of the board shall be administered and enforced by the zoning administrator. Noncompliance with any action taken by the board, including conditions imposed by the board, shall constitute a violation of the provisions of this chapter.