(a)

A board consisting of five (5) residents shall be appointed by city council. Members of the board shall hold no other public office in the city except that one may be a member of the planning commission. The board shall serve without pay other than for traveling expenses. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term.

(b)

The term of office shall be for five (5) years, except that the original appointments shall be made for such terms that the term of at least one (1) member shall expire each year.

(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 adopt rules for the conduct of its business, such rules to be made available to the public. All meetings of the board shall be open to the public.

(f)

For the conduct of any hearing, a quorum shall be not less than three (3) members and an affirmative vote of three (3) members of the board shall be required to overrule any decision, ruling, or determination of the official charged with enforcement of this chapter or to decide in favor of the applicant on any matter upon which the board is required to pass.

(g)

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 filled and shall be a public record.

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 chapter or of any ordinance adopted pursuant thereto.

(b)

To authorize, upon appeal in specific cases, such variance from the terms of this 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 this chapter 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 this chapter, or where, by reason of exceptional topographical 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 this 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 variations sought by applicants for purposes or reasons of special privilege, convenience, or profit, 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.

That the strict application of this 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.

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 Section 15.2-2204 of the Code of Virginia and subsection 31-52(c) herein.

(4)

No variance shall be authorized unless the board 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 chapter.

(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.

(c)

To hear and decide applications for such special exceptions as may be authorized in this chapter.

(1)

The board may impose such conditions relating to the use for which a special exception is granted 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.

(2)

No such special exception may be granted except after notice and hearing as provided by section 15.1-431, Code of Virginia (1950), as amended.

(d)

To hear and decide appeals of the zoning administrator's interpretation of the zoning district map where there is an uncertainty regarding the location of a district boundary, as set forth in section 31-11 of this chapter. After notice to the owners of the property affected by any such question and after public hearing with notice as required by section 15.1-431, Code of Virginia (1950), as amended, the board may interpret the map in such a way as to carry out the intent and purpose of this chapter for the particular section or district in question, and in accordance with the guidelines set forth in section 31-33 of this chapter. The board shall not have the power:

(1)

To change substantially the locations of district boundaries as established by ordinance.

(2)

To rezone property.

(Ord. No. 11-1700-905, § 2, 5-24-11)

(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 an appeal shall be taken within thirty (30) days after the decision appealed from by filing with the zoning administrator, and with the board, a notice of appeal specifying the grounds thereof. The administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken. 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 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)

Applications for appeals 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 be transmitted promptly by the administrator:

(1)

To the secretary of the board of zoning appeals.

(2)

To the secretary of the planning commission, which may send a recommendation to the board or appear as a party at the hearing.

(3)

To any individual, official, department or agency concerned.

(c)

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 sixty (60) days. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination of any administrative officer, or decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or effect any variance from this chapter. 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.

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 of the city, may present to the circuit court of the county a petition specifying the grounds on which aggrieved within thirty (30) days after the filing of the decision in the office of the board. Said appeal shall be handled in a manner prescribed in Code of Virginia § 15.2-2314.