The board of zoning appeals (BZA) is established as a way to address certain conflicts or special circumstances that may arise in the application of this ordinance to future development and redevelopment in the city. The primary responsibility of the BZA shall be to hear appeals of decisions granted by the planning commission, zoning administrator, or other applicable city staff related to the application of this zoning ordinance.

The BZA may also consider and grant variances to the application of this ordinance, in situations where, due to the characteristics of the property under consideration, an unnecessary hardship on the applicant will be created by the strict application of the ordinance, and where the spirit of the ordinance can be otherwise maintained.

A BZA shall be established in accordance with Code of Virginia § 15.2-2308 and other applicable provisions of law. The BZA shall consist of five (5) members, who shall be residents of the City, and who shall be appointed by the circuit court of the city. Members of the BZA shall be appointed for five-year terms, except that the original appointments shall be made for such terms that the term of one member shall expire each year.

Members may be appointed to succeed themselves. The membership of the BZA as constituted on the day prior to the effective date of this ordinance shall continue in office and be the membership of the BZA under this ordinance for the remainder of their originally appointed terms.

Within thirty (30) calendar days after the commencement of a term of office of the BZA, the board shall convene at the call of the clerk of the circuit court, and shall elect from its membership a chairman, and vice-chairman who shall preside in the absence of the chairman. The board shall elect a secretary, who may or may not be a member of the board. If the person is not a member then the secretary shall have no vote on the board.

The BZA shall adopt such rules of procedure and regulations as it may consider necessary consistent with ordinances of the city and general laws of the commonwealth. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, an indication of such fact.

Final disposition of appeals shall be by recorded resolution indicating the reasons of the board therefore, all of which shall be a public record. No final action shall be taken on any matter unless a quorum is present. A quorum shall consist of three (3) members.

Any zoning decision may be appealed to the BZA by any person, firm or corporation aggrieved, or by any officer, department, board or agency of the city affected by such decision. Such appeal shall be made within thirty (30) calendar days of written notice of decision, by filing with the zoning administrator a notice of appeal specifying the grounds there-for.

The decision of the BZA shall be final and subject to an appeal unless the decision is not appealed within thirty (30) calendar days of the board's decision. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

All applications shall be accompanied by the appropriate fee according to the current fee schedule. No application shall be processed until the fee has been paid, after which the fee is not refundable. The fee must be paid with each application notwithstanding the fact that a prior application pertaining to the same property has been denied. The fee shall not be charged for an application filed by the city or any of its departments.

The BZA shall fix a reasonable time for a public hearing of an application or appeal. The hearing shall be advertised by a publication of a notice of hearing for two (2) successive weeks in a newspaper of general circulation in the city. The notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than six (6) calendar days nor more than twenty-one (21) calendar days after the second advertisement appears in said newspaper.

The BZA shall give written notice by first class mail to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected. The board shall decide an appeal within ninety (90) business days from the date the notice of appeal is filed with the board.

The BZA shall have the following powers:

1.

To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the zoning administrator or other appointed officer of the city government in the enforcement of this ordinance or of any ordinance adopted pursuant thereto.

2.

To authorize, upon appeal in specific cases, variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will result in undue hardship; provided, that the spirit of this ordinance shall be observed and substantial justice done.

3.

To permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be consistent with the purpose and intent of such requirements. Such modifications shall not be made unless a report from the zoning administrator, concerning the particular case, is received and entered into the record of proceedings.

In considering variance to this ordinance the BZA shall determine that the 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 the exceptional topographic conditions or other extraordinary situation or condition of the piece of property, or of the condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of this ordinance would effectively prohibit or unreasonably restrict the utilization of the property.

The BZA shall also determine whether granting of the 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 of the ordinance.

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

1.

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

2.

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

3.

That the authorization of the 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.

In authorizing a variance, the BZA may impose such condition regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest and may require a grantee or bond to insure that there is being and will continue to be compliance with the conditions.

The concurring vote of three (3) members of the BZA shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, to decide in favor of the applicant any matter which it is required to pass under this ordinance, or to effect any variance from the requirements in this ordinance.

Any person or persons, jointly or severally, aggrieved by any decision of the BZA, or any taxpayer, or any officer, department, or agency of the city within thirty (30) calendar days after the filing of the decision of the BZA in the office of the BZA, but not thereafter, may present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality, whereupon such decision of said BZA shall be subject to review as provided by law.