A.

Pursuant to the provisions of Code of Virginia, § 15.2-2308, 1950, as amended, a board of zoning appeals (also referred to in this article as the "BZA") is hereby created, which shall consist of five members who shall be residents of the county and shall be appointed by the circuit court. One member of the board of zoning appeals shall be appointed from the membership of the King and Queen County Planning Commission. Terms of the members of the board of zoning appeals, reappointments, the filling of vacancies, and procedures for the removal of members shall be as set forth in Code of Virginia, § 15.2-2308, 1950, as amended.

B.

The board of zoning appeals shall elect from among its members a chairman, vice-chairman and secretary who shall serve annual terms and may succeed themselves.

C.

Within the limits of funds appropriated for its use by the board of supervisors, the board of zoning appeals may employ or contract for such clerical, technical or legal services necessary for it to carry out its responsibilities.

(Ord. of 8-14-2006(2); Amend. of 5-11-2009)

Cross reference— Authorities, boards, and commissions, pt. I, § 2-91 et seq.

State Law reference— Similar provisions, Code of Virginia, § 15.2-2308.

A.

The board of zoning appeals shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this article and the applicable laws of the commonwealth. Copies of such rules shall be available to the public. The board of zoning appeals shall provide forms for applications and appeals, which forms shall be made available to applicants by the zoning administrator.

B.

The board of zoning appeals shall hold monthly meetings, which shall be open to the public, and may hold such additional meetings, as it deems necessary in accordance with its rules. The BZA shall keep minutes of its proceedings, including the vote of each member upon each question, and shall keep records of its official actions, which minutes and records shall be public and filed in the office of the BZA. The BZA shall submit a report of its activities to the board of supervisors annually.

C.

For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the BZA. The board of zoning appeals shall make no decision on any application or appeal until it has conducted a public hearing thereon after giving public notice as required by the provisions of Code of Virginia, § 15.2-2204 and 15.2-2205, (1950), as amended, which provisions shall be incorporated into the rules of the BZA.

(Ord. of 8-14-2006(2); Amend. of 5-11-2009)

Pursuant to Code of Virginia, § 15.2-2309, 1950, as amended, the board of zoning appeals shall have the following powers and duties:

A.

Appeal from administrative officer. The BZA may hear and decide appeals from any order, requirement, decisions, or determination made by an administrative officer in the administration or enforcement of this zoning ordinance.

The BZA may 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, §§ 15.2-2204 and 15.2-2205, 1950, as amended.

B.

Variances. The BZA may authorize, upon appeal in specific cases, variances from the terms of this zoning 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 this zoning ordinance shall be observed and substantial justice done according to the following:

(1)

Variance defined¹: A variance is a reasonable deviation from the provisions of this zoning ordinance regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of this zoning ordinance would result in unnecessary or unreasonable hardship to the property owner; provided, however, that:

(a)

Such need for a variance would not be shared generally by other properties;

(b)

The variance is not contrary to the intended spirit and purpose of this zoning ordinance; and

(c)

The variance would result in substantial justice being done.

A variance shall not include a change in the use of property, which shall be accomplished by rezoning the property.

(2)

Grounds for variance: The BZA may grant a variance when the property owner can show that the property was acquired in good faith, and:

(a)

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 zoning ordinance;

(b)

Where by reason of exceptional topographical conditions or other extraordinary situation or condition of such piece of property, or the use or development of property immediately adjacent thereto, the strict application of terms of this zoning ordinance would effectively prohibit or unreasonably restrict the use of the property; or

(c)

Where the BZA 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. Every variance shall be in harmony with the intended spirit and purpose of this zoning ordinance.

(3)

No variance shall be authorized by the BZA unless it finds:

(a)

That the strict application of this zoning 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; and

(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.

(4)

No such variance shall be authorized except after public notice and public hearings as required by Code of Virginia, §§ 15.2-2204 and 15.2-2205, 1950, as amended.

(5)

No variance shall be authorized unless the BZA finds that the condition or situation of the property is not of so general or recurring a nature as to make reasonably practical the formulation of a general regulation to be adopted as an amendment to this zoning ordinance.

(6)

In authorizing a variance, the BZA 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.

C.

Interpretation of zoning district line location. The BZA may 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 public hearing with notice as required by Code of Virginia, §§ 15.2-2204 and 15.2-2205, 1950, as amended, the BZA may interpret the map as to carry out the intent and purpose of this zoning ordinance for the particular section or district in question. The BZA shall not have the power to change substantially the locations of district boundaries as established by zoning ordinance.

No provision of this article shall be construed as granting the BZA the power to rezone property.

D.

Special exception that may be authorized by the board of zoning appeals.

(1)

The restoration, repair, or reconstruction of a nonconforming building that has been damaged by any cause whatsoever to the extent of more than 60 percent of its recent assessed taxable value provided that the restoration, repair or reconstruction of such building does not constitute any greater deviation from the provisions of this zoning ordinance than that which existed prior to the damage.

(Ord. of 8-14-2006(2); Amend. of 5-11-2009; Amend. of 4-8-2013(10))

¹ From the Code of Virginia, § 15.2-2201.

Applications for such special exceptions as may be authorized by this zoning ordinance and for variances from the terms of this zoning ordinance may be made by any property owner, tenant, government official, department, board or bureau on forms provided for such purpose by the board of zoning appeals. Such application shall be made to the zoning administrator in accordance with rules established by the BZA. No such special exception or variances shall be authorized except after notice and hearing as required by Code of Virginia, §§ 15.2-2204 and 15.2-2205. The zoning administrator shall transmit all applications and accompanying maps and documents to the secretary of the BZA who shall place the matter on the docket of the BZA for hearing within 60 days of the date such application was made. The zoning administrator shall also transmit copies of all applications to the planning commission, which may send a recommendation to the BZA or appear as a party at the hearing. In the event an application for a special exception or variance is denied by the BZA, substantially the same application will not be considered by the BZA within six months of the date the application is denied.

(Ord. of 8-14-2006(2); Amend. of 5-11-2009)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2310.

An appeal to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the county affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this zoning ordinance.

Such appeal shall be taken within 30 days after the decision appealed from by filing with the zoning administrator, and with the BZA, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the BZA all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the BZA that by imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the BZA or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

(Ord. of 8-14-2006(2); Amend. of 5-11-2009)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2311.

The BZA 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 filing of the application or appeal. In exercising its powers the BZA 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 BZA 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 zoning ordinance or to affect any variance from this zoning ordinance. The BZA shall keep minutes of its proceedings and other official actions, which shall be filed in the office of the BZA and shall be public records. The chairman of the BZA, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

(Ord. of 8-14-2006(2); Amend. of 5-11-2009)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2312.

Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, board or bureau of the locality, may file with the clerk of the circuit court for the county or city a petition specifying the grounds on which aggrieved within 30 days after the final decision of the board, as provided in Code of Virginia, § 15.2-2314, as amended.

(Amend. of 5-11-2009)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2314.

A special exception or variance granted by the board of zoning appeals shall lapse and be of no effect if, after the expiration of one year from the date of such action by the BZA, no construction or charge in use pursuant to such special exception or variance has taken place; provided that the BZA may, for good cause shown, specify a longer period of time in conjunction with its action to grant a special exception or variance.

(Ord. of 8-14-2006(2); Amend. of 5-11-2009)

The procedure for amendment of a special exception or variance granted by the board of zoning appeals, including any changes in conditions attached to a special exception or variance, shall be the same as for a new application.

(Ord. of 8-14-2006(2); Amend. of 5-11-2009)

Decisions of the board of zoning appeals shall be administered and enforced by the zoning administrator. Noncompliance with any action taken by the BZA, including conditions imposed by the BZA, shall constitute a violation of the provisions of this zoning ordinance.

(Ord. of 8-14-2006(2); Amend. of 5-11-2009)

Fees for applications for special exceptions, variance, and appeals shall be paid at the time of application submission. Fees for such requests are shown in the "land use permit fees" schedule found in section 3-496.

(Ord. of 8-14-2006(2); Amend. of 5-11-2009; Ord. of 7-9-2018(1))