Hillsville City Zoning Code
ARTICLE XVIII
Board of Zoning Appeals
§ 171-97 Creation, membership and appointment.
The Board of Zoning Appeals is hereby established which may be referred to in this chapter as the "Board of Zoning Appeals." The Board shall have jurisdiction within the corporate limits of the Town of Hillsville, and it shall consist of seven residents of the town, 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 town except that one may be a member of the Planning Commission.
§ 171-98 Terms of office; vacancies; removals.
The members of the Board shall serve for a five-year term, 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. 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.
§ 171-99 Staff of Board; compensation of Board members.
Within the limits of funds appropriated by the Town Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive such compensation as may be authorized by the Town Council.
§ 171-100 Powers of Board.
Pursuant to § 15.1-495, Code of Virginia 1950, as amended, the Board of Zoning Appeals shall have the power to:
A.
Hear and decide appeals from any order, requirement, decision or determination made by the Zoning Administrator or any other administrative officer in carrying out the administration or enforcement of this chapter.
C.
Hear and decide applications for interpretation of the Official Zoning Map[1] where there is uncertainty as to the location of a district boundary and where the rules for interpretation of district boundaries set forth in § 171-31 of this chapter do not resolve such uncertainty, provided that the Board shall not have the power to change substantially the locations of district boundaries established by this chapter.
[1]
Editor's Note: The Zoning Map is on file and available for inspection in the office of the Town Manager.
D.
Hear and decide applications for such special exceptions as may be authorized elsewhere in this chapter.
§ 171-101 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.
§ 171-102 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 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.
§ 171-103 Rules and proceedings.
The Board shall also adopt rules for the conduct of its meetings. Such rules shall at the minimum require that:
A.
The presence of a majority of all members of the Board shall constitute a quorum.
B.
No action shall be taken by the Board on any application or appeal 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 § 15.1-431, Code of Virginia 1950, as amended.
C.
Appeals to the Board shall be taken within 30 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.
D.
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.
E.
The Board may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from. The concurring vote of four members 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 chapter or to effect any variance from this chapter.
F.
The Board shall keep minutes of its proceedings and other official actions which shall be filed in the office of the Board 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.
G.
The Board may call upon any other office or agency of the Town of Hillsville 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.
H.
Any office, agency or department of the Town of Hillsville or other aggrieved party may appeal any decision of the Board to the Circuit Court of Carroll County as provided for in § 15.1-497, Code of Virginia 1950 (as amended).
I.
In decisions on 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.
J.
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 orderly procedure, each side shall proceed without interruption from the other.
K.
The Hillsville 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.
L.
The Board shall submit an annual report of its activities to the Town Council, with a copy to the Planning Commission.