(A)

(1)

A board consisting of five members shall be appointed by the circuit court of the county.

(2)

The board shall serve without pay other than for traveling expenses, and members shall be removable for cause upon written changes and after a public hearing.

(3)

Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term.

(B)

(1)

The term of office shall be for five years, except that of the first five members appointed, one shall serve for five years, one for four years, one for three years, one for two years and one for one year.

(2)

One of the five appointed members shall be an active member of the planning commission.

(C)

Members may be removed for cause by the appointing authority upon written charges and after a public hearing.

(D)

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.

(E)

The board shall choose annually its own chairperson and vice-chairperson who shall act in the absence of the chairperson.

(Ord. eff. 1-18-1996; Ord. passed 8-10-2005; Ord. passed - -)

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

(A)

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

(B)

To authorize upon appeal in specific cases such variance from the terms of the chapter 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 chapter shall be observed and substantial justice done as follows:

(1)

When a property owner can show that his or her 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 this chapter, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjacent thereto, the strict application of the terms of the chapter would effectively prohibit or unreasonably restrict the use 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 this chapter;

(2)

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

(a)

The strict application of the chapter would produce undue hardship;

(b)

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

(c)

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

(3)

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

(4)

No variance shall be authorized unless, the board finds that 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; and

(5)

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 in 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.

(Ord. eff. 1-18-1996; Ord. passed 8-10-2005; Ord. passed - -)

(A)

The board of zoning appeals shall adopt rules and regulations as it may consider necessary.

(B)

The meeting of the board shall be held at the call of its chairperson or at such times as a quorum of the board may determine.

(C)

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

(D)

(1)

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.

(2)

It shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be public record.

(E)

All meetings of the board shall be open to the public.

(F)

A quorum shall be at least three members.

(G)

A favorable vote of three members of the board shall be necessary to reserve any order, requirement, decisions or determinations of any administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass.

(Ord. eff. 1-18-1996; Ord. passed 8-10-2005; Ord. passed - -)

(A)

An appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the county or municipality affected by any decision of the zoning administrator, such appeal shall be taken within 30 days after the decisions appealed from by filing with the zoning administrator, and with the board a notice of appeal specifying the grounds thereof.

(B)

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

(C)

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 or her 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.

(Ord. eff. 1-18-1996; Ord. passed 8-10-2005; Ord. passed - -)

(A)

(1)

Appeals shall be mailed to the board of zoning appeals in care of the zoning administrator and a copy of the appeal mailed to the secretary of the planning commission.

(2)

A third copy should be mailed to the individual, official, department or agency concerned, if any.

(B)

Appeals requiring an advertised public hearing shall be accompanied by a certified check for an amount set by council from time to time payable to the town treasurer.

(Ord. eff. 1-18-1996; Ord. passed 8-10-2005; Ord. passed - -)

(A)

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 decide the same within 60 days.

(B)

In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from.

(C)

The concurring vote of three members shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant or any matter upon which it is required to pass under the chapter or to effect any variance from the chapter.

(D)

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 record.

(E)

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

(Ord. eff. 1-18-1996; Ord. passed 8-10-2005; Ord. passed - -)

(A)

Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any taxpayer or any officer, department, board or bureau may present to the circuit court of the county a petition specifying the grounds on which aggrieved within 30 days after filing of the decision in the office of the board.

(B)

(1)

Upon presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten days and may be extended by the court.

(2)

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.

(C)

(1)

The board of zoning appeals 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 or of such portions thereof as may be called for by such writ.

(2)

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.

(D)

(1)

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.

(2)

The court may reserve or affirm, wholly or partly, or may modify the decisions brought up for review.

(E)

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. eff. 1-18-1996; Ord. passed 8-10-2005; Ord. passed - -)