There shall be a board of zoning appeals (called "the board" in article 14) which shall consist of five members, each to be appointed by the judge of the circuit court of Lunenburg County for terms of five years. Original appointments shall be made for such terms that the term of one member shall expire each year. Vacancies shall be filled by the judge of such court for the unexpired portion of the term. A member may be removed by the judge of the said court for cause upon written charges and after the public hearing. Each member shall receive such compensations as the town council may authorize for attendance at each regular or called meeting of the board.

The board of zoning appeals shall annually elect one of its members as chairman. The chairman shall preside at all meetings of the board, and in his absence a member designated by the board as vice-chairman shall preside. The board shall appoint a secretary whose duty it shall be to keep a full public record of the board's proceedings and who shall submit for the board an annual report of its activities to the town council.

The board of zoning appeals shall adopt such rules of procedure as it may deem necessary in order to carry into effect the provisions of this ordinance. Meetings of the board shall be held at the call of the chairman and such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. 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, and 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. The presence of three members shall be necessary for a quorum.

All questions of interpretation and any action taken on variances shall be by separate proceedings. All motions approving or defeating a measure shall be by resolution. If any action on an appeal or application shall fail to receive three affirmative votes, the measure shall be deemed to be defeated.

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

a.

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

b.

To authorize upon appeal or original application in specific cases such variance as defined in Code of Virginia, § 15.1-430(p) [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:

(1)

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 the clearly demonstrable hardship approach confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variance shall be in harmony with the intended spirit and purpose of the ordinance.

(2)

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

(a)

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

(b)

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

(c)

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.

(3)

No such variance shall be authorized except after notice and hearing as required by Code of Virginia, § 15.1-431 [15.2-2204].

(4)

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.

(5)

In authorizing a variance, the board may impose such conditions regarding the location, character or 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.

c.

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, § 15.1-431 [15.2-2204].

d.

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 questions, and after public hearing with notice as required by Code of Virginia, § 15.1-431 [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.

e.

No provision of this section shall be construed as granting any board the power to rezone property.

f.

To hear and decide applications for such special exceptions as may be authorized in ordinance. The board may impose such conditions relating to the use provided for in the authorized special exceptions for which a permit is granted 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. No such special exception may he granted except after notice and hearing as provided by Code of Virginia, § 15.1-431 [15.2-2204].

Applications for special exceptions and variances may be made by any property owner, tenant, government official, department, board or bureau. Such 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 he transmitted promptly to the secretary of the board who shall place the matter on the docket to be acted upon by the board. No such special exceptions or variance shall he authorized except after notice and hearing as required by Code of Virginia, § 15.1-431 [15.2-2204]. The zoning administrator shall also transmit a copy of the application to the local commission which may send a recommendation to the board or appear as a party to the hearing. The governing body of any county, city or town may provide by ordinance that substantially the same application will not be considered by the board within a specified period, not exceeding one year.

(Ord. of 6-19-2018(2))

a.

An appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the town affected by any decision of the zoning administrator or from any other requirement, decision or determination made by any other administrative officer in the administration or enforcement of this article or any ordinance adopted pursuant thereto. Such appeal shall be taken within 30 days after the decision appealed from the filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which 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 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.

b.

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 90 days of the file of the application or appeal. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify, an order, requirement, decision or determination appealed from. 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 the ordinance or to effect any variance from the ordinance. 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 acting chairman, may administer oaths and compel the attendance of witnesses.

Where a building permit has been issued and the construction of the building for which such permit was issued is subsequently sought to be prevented, restrained, corrected or abated as a violation of the zoning ordinance, by suit filed within 15 days after the start of construction by a person who had no actual notice of the issuance of the permit, the court may hear and determine the issues raised in the litigation even though no appeal was taken from the decision of the administrative officer to the board of zoning appeals.

An appeal from a decision of the board of zoning appeals may be presented to the circuit court of the county by a petition within 30 days after the filing of the decision in the offices of the board.