This section provides for a procedure for the application for a zoning variance or for an appeal of a decision of the zoning administrator, including the role and duties of the board of zoning appeals as prescribed in the Code of Virginia, § 15.2-2309, and a provision for an administrative modification to the regulations herein, as allowed by Code of Virginia, § 15.2-2286.

(Ord. No. 20-4, 11-24-20)

Appointments to the board of zoning appeals (referred to herein as "the BZA" or the "board") and its membership, terms, and organization shall be in accordance with the Code of Virginia, § 15.2-2308. The BZA shall adopt rules and regulations as it may consider necessary for the conduct of its business, and shall keep minutes of its proceedings.

(Ord. No. 20-4, 11-24-20)

The BZA, as authorized by Code of Virginia, § 15.2-2309, shall have the following powers and duties:

(1)

To consider applications for variances from the terms of this division provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that the application meets the standard for a variance and the criteria set out in this section, and

(2)

To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this chapter or of any ordinance adopted pursuant hereto, and

(3)

To hear and decide applications for interpretation of the zoning district map where there is any uncertainty as to the location of a district boundary.

(Ord. No. 20-4, 11-24-20)

The BZA shall proceed with the following regarding its meetings:

(1)

Meetings of the BZA shall be held at regular meeting times or at the call of the chairman and at such other times as the board shall determine.

(2)

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

(3)

All meetings shall be open to the public.

(4)

The BZA shall keep minutes of its proceedings showing the vote of each member upon each questions, or if absent or failing to vote, indicating such fact.

(5)

The BZA shall take all evidence necessary to justify or explain its action and shall keep records of its examinations and any other official actions.

(6)

The BZA and city staff shall follow the provisions of the Code of Virginia, § 15.2-2308.1 regarding communications and proceedings.

(Ord. No. 20-4, 11-24-20)

The following shall be the procedure and criteria for consideration of variance applications:

(1)

Any person, property owner, or organization may make application for a variance in accordance with rules adopted by the BZA and with all accompanying information deemed necessary along with the established application fee.

(2)

The city staff shall forward the application to the BZA and schedule a public hearing for consideration of the application with public notice as required by the Code of Virginia, § 15.2-2204.

(3)

Following the public hearing, the BZA shall grant a variance 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.

a.

The property 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;

b.

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

c.

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 the ordinance;

d.

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

e.

The relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to subdivision 6 of Code of Virginia, § 15.2-2309 or the process for modification of a zoning ordinance pursuant to Code of Virginia, § 15.2-2286(A)(4) at the time of the filing of the variance application.

(d)

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 complied with.

(Ord. No. 20-4, 11-24-20)

An appeal to the BZA may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this article, any ordinance adopted pursuant to this article, or any modification of zoning requirements pursuant to the Code of Virginia, § 15.2-2286(4) and section 50-233 of city code.

(1)

Such an appeal shall be taken within 30 days after the decision appealed from by filing with the administrator and with the BZA, a notice of appeal specifying the grounds thereof, along with an established fee for an administrative appeal.

(2)

The administrator shall forthwith transmit to the BZA all the papers constituting the record upon which the action appealed was taken.

(3)

All provisions of the Code of Virginia, § 15.2-2311 shall be followed.

(4)

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 90 days of the filing of the application or appeal. 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 a majority of the membership 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 on any matter upon which it is required to pass under the ordinance or to effect any variance from the ordinance.

(Ord. No. 20-4, 11-24-20)

Any person or persons aggrieved by any decision of the BZA, or any aggrieved taxpayer or any officer or department of the city, may file a petition with the clerk of circuit court that shall be styled "In Re: [date] Decision of the Board of Zoning Appeals of the City of Bristol, Virginia" specifying the grounds on which aggrieved, within 30 days after the final decision of the BZA. The review process shall follow that prescribed by the Code of Virginia, § 15.2-2314.

(Ord. No. 20-4, 11-24-20)