James City County Unincorporated
City Zoning Code

A board of zoning appeals, consisting of five residents of the county as members, shall be appointed by the Circuit Court of James City County. Members of the board may serve without pay other than for traveling expenses.

(Ord. No. 31A-88, § 20-110, 4-8-85; Ord. No. 31A-189, 4-13-99)

(a)

The term of office of members of the board of zoning appeals shall be for five years.

(b)

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

(Ord. No. 31A-88, § 20-111, 4-8-85; Ord. No. 31A-189, 4-13-99)

Any member of the board of zoning appeals shall be disqualified to act upon a matter before the board with respect to property in which the member has an interest.

(Ord. No. 31A-88, § 20-112, 4-8-85; Ord. No. 31A-189, 4-13-99)

Members of the board of zoning appeals may be removed for cause by the circuit court upon written charges and after a public hearing.

(Ord. No. 31A-88, § 20-113, 4-8-85; Ord. No. 31A-189, 4-13-99)

The board of zoning appeals shall choose annually from its membership a chairman and vice chairman who shall act in the absence of the chairman. The board may elect as its secretary either one of its members or a qualified individual who is not a member of the board. A secretary who is not a member of the board shall not be entitled to vote on matters before the board.

(Ord. No. 31A-88, § 20-114, 4-8-85; Ord. No. 31A-189, 4-13-99)

The board of zoning appeals shall have the following powers and duties:

(1)

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 thereto.

(2)

To grant upon appeal or original application in specific cases a variance as defined in Va. Code § 15.2-2201 and section 24-2 of the County Code; provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his application meets the defined standard for a variance and the following criteria:

a.

A variance shall be granted only in accordance with Va. Code § 15.2-2309.

b.

No such variance shall be considered except after notice and hearing as required by Va. Code § 15.2-2204.

c.

In granting 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 ensure that the conditions imposed are being and will continue to be complied with.

(3)

To hear and decide appeals from the decision of the zoning administrator.

(4)

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 a public hearing with notice as required by Va. Code § 15.2-2204, the board may interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section or district in question. The board shall not have the power, however, to rezone property or substantially to change the locations of district boundaries as established by ordinance.

(Ord. No. 31A-88, § 20-115, 4-8-85; Ord. No. 31A-189, 4-13-99; Ord. No. 31A-243, 7-14-09; Ord. No. 31A-300, 10-13-15; Ord. No. 31A-344, 3-12-19)

The board of zoning appeals shall adopt rules and regulations as it may consider necessary. 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. The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. 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 records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. All meetings of the board shall be open to the public. A quorum shall be at least three members.

(Ord. No. 31A-88, § 20-116, 4-8-85; Ord. No. 31A-189, 4-13-99)

A favorable vote of three members of the board of zoning appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass.

(Ord. No. 31A-88, § 20-117, 4-8-85; Ord. No. 31A-189, 4-13-99)