A board consisting of five members shall be appointed by the circuit court of the county. The term of office of the members of the board shall be for five years each except that original appointment shall have been made for such terms that the term of one member shall expire each year.

1101.01. Vacancies. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term. Members shall be removable for cause as provided in Code of Virginia, § 15.2-2308. A member whose term expires shall continue to serve until his successor is appointed and qualifies.

1101.02. Public offices held. No member shall hold any public office in the town; however, one may be a member of the commission. Members may also serve as officers of election as defined in Code of Virginia, § 24.2-101.

(Ord. No. 24-2, 3-12-2024)

The board shall observe the following procedures:

1102.01. Said board shall adopt rules in accordance with the provisions of this Land Development Ordinance and consistent with other ordinances of the town and general laws of the commonwealth for the conduct of its affairs.

1102.02. Said board shall elect a chairman, vice-chairman from its own membership who shall serve annual terms as such and may succeed themselves. It shall also select a secretary, who may be, but need not be, a member of the board, who shall serve annual terms and may succeed himself or herself.

1102.03. Said board shall keep a full public record of its proceedings and shall submit a report of its activities to the Bedford Town Council at least once each year.

1102.04. All meetings of said board shall be open to the public and otherwise held in accordance with the Virginia Freedom of Information Act.

1102.05. Any member of said board shall be disqualified to act upon a matter before said board with respect to property in which the member has an interest or as otherwise disqualified by the Virginia Conflict of Interests Act.

1102.06. The meetings of said board shall be held at the call of the chairman and at such other times as a quorum of said board may determine.

1102.07. The chairman, or in his absence the vice-chairman or acting chairman, may administer oaths and compel the attendance of witnesses.

1102.08. A quorum shall be at least three members.

1102.09. A favorable vote of three members of said board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the applicant on any matter upon which said board is required to pass.

(Ord. No. 24-2, 3-12-2024)

The board of zoning appeals shall have the following duties and powers:

1103.01. To hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this Land Development Ordinance. The decision on such appeal shall be based on the board's judgment 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 or her 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. For the purposes of this subsection, determination means any order, requirement, decision, or determination made by an administrative officer.

1103.02. To authorize upon appeal in specific cases a variance from the terms of the provisions of this Land Development Ordinance relating to zoning as will not be contrary to the public interest, when owing to special conditions provisions will result in unnecessary hardship; provided that the spirit of the ordinance shall be observed and substantial justice done as follows:

a.

When a property owner can show that the strict application of the terms of this Land Development Ordinance relating to zoning would unreasonably restrict the utilization of the property or that the variance would alleviate a hardship due to a physical condition relating to the property or the improvements thereon as the time of the effective date of this Land Development Ordinance

b.

No such variance shall be authorized by the board unless it finds: (1) that the property interest for which the variance is being requested was acquired in good faith and the hardship was not created by the applicant for the variance; (2) the granting of the variance will not be of substantial detriment to adjacent property and nearby properties in proximity to its geographical area; (3) the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this Land Development Ordinance; (4) the granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and (5) the relief or remedy sought by the variance application is not available through a conditional use permit.

c.

No such variance shall be authorized except after notice and hearing as required by Code of Virginia, § 15.2-2204.

d.

In authorizing a variance the board may impose such conditions regarding the location, character, and other features of the proposed structure for use as it may deem necessary to the public interest, and may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with.

e.

Once a variance has been authorized for a change in lot dimension, location and size of proposed structures or yard dimensions, the lot, and any existing or proposed structures shall be considered in conformance with zoning requirements. Subsequent improvements to such lot or property that are in conformance with the zoning requirements of the area, and the minimum requirements of the Town of Bedford shall not require an additional variance.

f.

A request may be made by or on behalf of a disabled person for a variance in order to alleviate a hardship by granting a reasonable modification to a property or the improvements thereon. If so provided in the variance, such variance may expire when the person benefited by it is no longer in need of the modification to such property or improvements provided by the variance, subject to the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.).

g.

No sign variance shall be given for the purpose of meeting a business, firm, or tenant's logo or message national standard or design.

1103.03. To hear and decide appeals from the decision of the zoning administrator in the application of the zoning provisions of this Land Development Ordinance 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.

1103.04. To hear and decide applications for interpretation of the zoning map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by the question, and after public hearing with notice as required by Code of Virginia, § 15.2-2204, the board may interpret the map in accordance with the principles set forth in Article IV of this Land Development Ordinance. 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.

(Ord. No. 24-2, 3-12-2024)

Requests for a hearing before the board of zoning appeals for an administrative review or a variance shall observe the following procedures:

1104.01. An appeal to the board 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 relating to the zoning provisions of this Land Development Ordinance or from any order, requirement, decision, or determination made by any other administrative officer in the administration or enforcement of such provisions. Provided the zoning administrator has given the notice required by section 1001.01, such appeal must be brought within 30 days after the decision appealed from.

1104.02. Applications for appeal shall be submitted to the zoning administrator who shall refer the application to the board; such applications shall specify the grounds for appeal.

1104.03. Applications for appeal shall be accompanied by a statement signed by the person requesting the appeal or his designated representative, that the owner or owners, their agent or the occupant, of all abutting property and property immediately across the street or road from the property affected have been notified of the request. Notice of the request sent by first class mail to the last known address of such owner of the adjoining property as shown on the current real estate tax assessment book shall be deemed adequate compliance with this requirement. Such notice shall contain a statement notifying the owner of the property to contact the zoning administrator for information concerning the request. Such notice shall also contain the name and address of the zoning administrator.

1104.04. When applicable, an application shall be accompanied by an acceptable site plan as specified in section 1002.02 of this Land Development Ordinance.

1104.05. Each application for an appeal shall be accompanied by payment of a fee as required by section 1401 to help defray the cost of publicizing and conducting the public hearing.

1104.06. The board shall fix a reasonable time for the hearing of appeals or other matters referred to said board; the board shall consider appeals after notice and hearing as required by Code of Virginia, § 15.2-2204, and decide the same within 90 days from the date of filing of the application or appeal.

1104.07. 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 opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

1104.08. In exercising the powers granted the board in section 1103 of this Land Development Ordinance, the said board may, in conformity with the provisions of this Land Development Ordinance, reverse or affirm, wholly or in part, or may modify the order, requirements, decisions, or determination of the zoning administrator and to that end shall have all the powers of the zoning administrator and may issue or direct the issuance of a zoning permit.

1104.09. Any petition for a hearing before the board may be withdrawn prior to action thereon by said board at the discretion of the person, firm, or corporation initiating such a request upon written notice to the secretary of said board.

1104.10. The applicant shall post a sign approved by the zoning administrator, notifying the public of the requested zoning change on the property for which the request has been received. A sign shall be posted for at least ten days prior to the required public hearing and kept in place until the day of the last public hearing. Inadvertent failure to post signage (e.g., by signs blowing down or being stolen) shall not invalidate a board decision otherwise issued in accordance with this Land Development Ordinance. The zoning administrator must in all cases notify the adjoining and adjacent property owners according to the procedures outlined in the Code of Virginia, as amended. The actual cost of providing notice by mail shall be charged to the applicant.

1104.11. A decision by the board on an appeal shall be binding upon the owner of the property that is the subject of the appeal only if the owner of such property has been provided notice of the zoning violation or written order of the zoning administrator. The owner's actual notice of such notice of zoning violation or written order or active participation in the appeal hearing shall waive the owner's right to challenge the validity of the board's decision due to failure of the owner to receive the notice of zoning violation or written order.

(Ord. No. 24-2, 3-12-2024)

1105.01. Any person or persons jointly or severally aggrieved by any decision of the board, or any taxpayer or any officer, department, board, or bureau of the town may file with the clerk of the circuit court of the county a petition that shall be styled "In Re: date Decision of the Board of Zoning Appeals of the Town of Bedford, Virginia," specifying the grounds on which aggrieved within 30 days after the final decision of the board.

1105.02. Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board and shall prescribe therein the time within which a return thereto must be made and served upon the secretary of the board, or, if no secretary exists, the chair of the board of zoning appeals, which shall not be less than ten days and may be extended by the court. Once the writ of certiorari is served, the board of zoning appeals shall have 21 days or as ordered by the court to respond. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board, and on due cause shown, grant a restraining order.

1105.03. Any review of a decision of the board shall not be considered an action against the board, and the board shall not be a party to the proceedings; however, the board shall participate in the proceedings to the extent required by this section. The council, the landowner, and the applicant before the board shall be necessary parties to the proceedings in the circuit court.

1105.04. The board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

1105.05. In the case of an appeal from the board of zoning appeals to the circuit court of any decision of the board, any party may introduce evidence in the proceedings in the court in accordance with the "Rules of Evidence" of the Supreme Court of Virginia.

1105.06. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. In the case of an appeal by a person of any decision of the board that denied or granted an application for a variance, the decision of the board shall be presumed to be correct. The petitioner may rebut that presumption by proving by a preponderance of the evidence, including the record before the board of zoning appeals, that the board of zoning appeals erred in its decision.

1105.07. Costs shall not be allowed against the board, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from.

(Ord. No. 24-2, 3-12-2024)