Galax City Zoning Code
ARTICLE XVIII
Board of Zoning Appeals; Variances
§ 160-175 Board of Zoning Appeals.
A.
The Board of Zoning Appeals is hereby established, which may be referred to in this chapter as the "Board" or "Board of Zoning Appeals."
B.
The Board shall have jurisdiction within the corporate limits of the City of Galax, and it shall consist of five residents of the City, appointed by the Circuit Court of the County. Members may be reappointed to succeed themselves. Members of the Board shall hold no other public office in the City, except that one may be a member of the Planning Commission.
C.
Terms of office; vacancies; removals.
(1)
The members of the Board shall serve for five-year terms, except that original appointments shall be made for such terms that the term of one member shall expire each year. The Secretary of the Board shall notify the Court at least 30 days in advance of the expiration of any term of office and shall also notify the Court promptly if any vacancy occurs. Appointments to fill vacancies shall be only for the unexpired portion of the term. A member whose term expires shall continue to serve until his successor is appointed and qualifies.
(2)
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 a hearing held after at least 15 days' notice.
D.
Staff of Board and compensation of Board members.
E.
Powers of the Board. The Board is hereby vested with the powers to:
(1)
Hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in carrying out the administration or enforcement of this chapter.
(2)
Hear and act upon applications for variances, in accordance with this article, to alleviate hardships by virtue of the inability of the landowner to comply strictly with the provisions of this chapter by reason of the unique shape, topography or physical features of the lot.
(3)
Hear and decide appeals from the decision of the Zoning Administrator.
(4)
Hear and decide applications for the interpretation of the district map where there is any uncertainty as to the location of a district boundary.
(5)
Hear and decide appeals from the decision of the Planning Commission or City Council concerning conditional use permits and special exceptions.
(6)
Hear and decide all other matters referred to it on which it is required to act under this chapter.
(7)
Within its budget appropriation and other funds at its disposal, enter into contracts for such services as it may require.
F.
Election of Officers. The Board shall elect from its members its own Chairman, Vice Chairman and Secretary, who shall serve for one year and may, upon election, serve succeeding terms.
G.
Stay of proceedings. An appeal shall stay all proceedings related to the action appealed from, unless the Zoning Administrator certifies to the Board, after such notice of appeal shall have been filed, that by reason of facts stated in the certificate such stay would cause an imminent threat to life or property. In such instance the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of record on application and on notice to the Zoning Administrator and for good cause shown.
H.
Rules and proceedings of the Board. The Board shall also adopt rules for the conduct of its meetings. Such rules shall, at the minimum, require that:
(1)
The presence of a majority of all members of the Board shall constitute a quorum.
(2)
No action shall be taken by the Board on any case until after a public hearing and notice thereof shall be published and mailed in accordance with Code of Virginia, § 15.1431, as amended.
(3)
Appeals to the Board shall be taken within 15 days after the decision appealed from by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds of the appeal. The Zoning Administrator shall then transmit to the Board all the papers constituting the record upon which the action was taken.
(4)
The Board shall fix a reasonable time for hearing the application or appeal, give public notice thereof, as well as notify interested parties, and decide the same within 60 days.
(5)
The Board may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from. The concurring vote of three members shall be necessary to reverse any order, requirement, decision or determination of any administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variance from this chapter.
(6)
The Board shall keep minutes of its proceedings and other official actions which shall be filed in the office of the City Clerk and shall be public records. The Chairman of the Board or, in his absence, the Vice Chairman may administer oaths and compel the attendance of witnesses.
(7)
The Board may call upon any other office or agency of the City of Galax for information in the performance of its duties, and it shall be the duty of such other agencies to render the information to the Board as may be reasonably required.
(8)
Any office, agency or department of the City of Galax or other aggrieved party may appeal any decision of the Board to the Circuit Court of Grayson County as provided for in § 15.1-497, Code of Virginia 1950, as amended.
(9)
In decisions or variance, the Board shall indicate the specific section of this chapter under which the variance is being considered and shall state its findings beyond such generalities as "in the interest of public health, safety and general welfare." The Board shall state clearly the specific conditions imposed in granting the variance. For variance cases pertaining to hardship, the Board shall specifically identify the hardship warranting such action by the Board.
(10)
At the public hearing of the case before the Board, the appellant shall appear in his own behalf or be represented by counsel or agent. The appellant's side of the case shall be heard first, and those in objection shall follow. To maintain an orderly procedure, each side shall proceed without interruption from the other.
(11)
The Galax Planning Commission shall be permitted to submit an advisory opinion on any matter before the Board, and such opinion shall be made part of the record of the public hearing.
§ 160-176 Variances.
A.
Application for zoning variance. The application for a zoning variance may be made by any property owner, agent or legal counsel of the owner, government official, department, board or bureau. The application shall be made 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 Board.
B.
Notice to affected property owners. Notice to affected property owners and public agencies, including the Galax Planning Commission and City Council, shall be given in accordance with the notice and hearing procedures of § 15.1431, Code of Virginia.
C.
Standards for variances. The Board shall not grant a variance unless it finds that:
(1)
The property owner acquired the property in good faith, and that by reason of exceptional narrowness, shallowness, size or shape or exceptional topographic conditions of the property or of the use or development of property immediately adjacent to it, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the use of the property;
(2)
The strict application of the chapter would produce undue hardship;
(3)
The hardship is not generally shared by other properties in the same zoning district and the same vicinity;
(4)
The Board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant;
(5)
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)
The condition or situation of the property concerned or the intended use of the property 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 chapter;
(7)
The variance shall be in harmony with the intended spirit and purpose of this chapter;
(8)
Financial concerns shall not be the sole consideration as a basis for granting a variance; and
(9)
Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.
D.
Nonconformance does not constitute grounds for granting a variance. No permitted or nonconforming use of neighboring lands, structures or buildings in the same district or in other districts shall be considered grounds for the issuance of a variance.
E.
Prohibition of use variances. Under no circumstances shall the Board of Zoning Appeals grant a variance to allow a use not permitted under the terms of this chapter in the district involved or any use expressly or by implication prohibited by the terms of this chapter in said district.
F.
Conditions and restrictions by the Board. The Board may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the provisions set out in Subsection C to reduce or minimize the injurious effect of such variance upon surrounding property and to better carry out the general intent of this chapter. The Board may establish expiration dates as a condition or as a part of the variance. The Board may require a guaranty or bond to insure that the conditions imposed are being and will continue to be complied with.
G.
Variance appeals. Any person, including any agency of the City government, aggrieved by a decision of the Board on a variance may appeal any decision of the Board to the Circuit Court of the County as provided for in § 15.1-497, Code of Virginia 1950, as amended.