(1-1)

Organization. This board, consisting of five residents of the city, shall be appointed by the circuit court. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term.

(1-2)

Term of office, vacancies. The term of office shall be five years, except that of the first five members appointed, two shall serve for one year, two shall serve for two years, and one shall serve for three years. One of the five appointed members may be an active member of the planning commission. The zoning administrator may serve as secretary to the board without vote.

(1-3)

Removal of members. Any board member may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the court which appointed him, after hearing held after at least 15 days' notice.

(1-4)

Disqualification. 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, in accordance with Code of Virginia, § 2.2-3100 et seq.

(1-5)

Chairman. The board shall choose annually its own chairman and, in his absence, an acting chairman.

(1-6)

Zoning administrator. The zoning administrator may prepare minutes of meetings, keep all records and conduct official correspondence.

(1-7)

Secretary, alternate. In the absence of the zoning administrator at any meeting, the board shall appoint some other person who may or may not be a member of the board to prepare the minutes thereof.

(Ord. No. O-20-14, 6-14-2022)

(2-1)

The board of zoning appeals may make, alter and rescind rules and forms for its procedures, consistent with ordinances of the city and general laws of the state.

(2-2)

The meetings of the board shall be held at the call of its chairman or at such times as a quorum of the board may determine. A quorum shall be at least three members.

(2-3)

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

(2-4)

All meetings and hearings of the board shall be open to the public, except as provided in Code of Virginia, § 2.2-3711.

(2-5)

The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. It shall keep full records of its examinations and other official actions, all of which shall be immediately filed in the office of the zoning administrator and shall be a public record. The board shall submit a report of its activities to the city council at least once each year.

(2-6)

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 this ordinance or to effect any variance from this ordinance.

(Ord. No. O-20-14, 6-14-2022)

An application or appeal may be withdrawn by the applicant or appellant at any time prior to the deadline for cancellation of the newspaper advertisement provided for in this article. After said deadline, an application or appeal may be withdrawn only with the permission of the BZA. An application or appeal which is not withdrawn pursuant to this section shall be either granted or denied on its merits, by the BZA, either in whole or in part.

If any application is denied by the BZA on its merits, no application requesting the same relief with respect to all or part of the same property shall be considered by the board within 12 months after the date of such denial.

(5-1)

Time and notice. Upon receipt of an application or appeal, the BZA shall fix a reasonable time for a hearing of such application or appeal, in conformance with Code of Virginia, § 15.2-2312.

(5-2)

Meetings and hearings. Meetings or hearings of the BZA shall be held at the call of the chairman, or acting chairman, or at the request of any two members, provided that notice thereof has been mailed to each member of the BZA at least seven days before the time set, or that a waiver of notice is obtained from each member. Three members shall constitute a quorum for the transaction of any official business. The presiding chairman may administer oaths and compel the attendance of witnesses (Code of Virginia, § 15.2-2312). Every person before the rostrum shall abide by the order and direction of the chairman or acting chairman. Discourteous or disorderly or contemptuous conduct shall be regarded as a breach of the privileges extended by the BZA and shall be dealt with as the chairman deems proper.

(5-3)

Decision. The BZA shall render a decision on any application submitted to it within 60 days after the date of the hearing.

(5-4)

Rehearing. A request for a rehearing shall be in writing and shall be delivered to the zoning administrator within 15 days after the date of the decision of the BZA. It shall recite the reasons for the request. A rehearing may then be granted by the chairman or upon the affirmative vote of any two members.

(Ord. No. O-20-14, 6-14-2022)

Boards of zoning appeals shall have the following powers and duties:

(6-1)

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

(6-1.1)

Appeals; procedure. In case of an appeal from decisions by the zoning administrator, the BZA procedures to be followed shall be in strict accordance with Code of Virginia, §§ 15.2-2310 et seq.

(6-2)

Variance; unnecessary hardship. To authorize upon appeal or original application in specific cases such variance as defined in Code of Virginia, § 15.2-2201 from the terms of the ordinance as will not be contrary to the public interest, when, owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship; provided that the spirit of the ordinance shall be observed and substantial justice done, as follows:

(6-2.1)

Exceptional narrowness, shallowness, size, etc. When a property owner can show that his property was acquired in good faith and 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 the ordinance, 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 the ordinance would effectively prohibit or unreasonably restrict the utilization of the property or where the board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, 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.

(6-3)

Application for variance; procedure. In the case of an application for a variance, the applicant shall first submit his proposal to the zoning administrator on a form to be provided by the zoning administrator, including therewith all plans and information relating to the application required by the BZA pursuant to Code of Virginia, § 15.2-2310. The application shall be transmitted promptly to the secretary of the BZA, who shall place the matter on the docket to be acted upon by the board. The proposal shall then be advertised pursuant to provisions of Code of Virginia, § 15.2-2204, prior to the public hearing by the BZA. The zoning administrator shall also transmit a copy of the application to the planning commission which may send a recommendation to the board or appear as a party at the hearing.

(6-3.1)

Variance authorization. No such variance shall be authorized by the board unless it finds:

(1)

That the strict application of the ordinance would produce undue hardship.

(2)

That such hardship is not shared generally by other properties in the same zoning district and the same vicinity.

(3)

That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance.

(6-3.2)

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

(A)

Condition not of general or recurring nature. No variance shall be authorized unless the board finds that 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.

(B)

Imposing of conditions. 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.

(6-4)

Appeals. To 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.

(6-5)

Interpretation of district boundaries. To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a 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 the ordinance for the particular section or district in question. The board shall not have the power to change substantially the locations of district boundaries as established by ordinance. No provision of this section shall be construed as granting any board the power to rezone property.

(Ord. No. O-20-14, 6-14-2022)

State Law reference— Similar provisions, Code of Virginia, § 15.1-495.