(a)

A board consisting of five members shall be appointed by the circuit court of the county. Members of the board may receive such compensation as may be authorized by the town council. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. 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 years, except that of the original members appointed, one shall serve for five years, one for four years, one for three years, one for two years, and one for one year. One of the five appointed members shall be an active member of the planning commission.

(c)

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 a legal interest.

(d)

The board shall choose annually its own chairperson, vice-chairperson, and secretary. The vice-chairperson shall act in the absence of the chairperson.

(Code 1989, § 24-97; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

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 or zoning administrator in the administration or enforcements of this chapter or of any ordinance adopted pursuant thereto.

(2)

To authorize upon appeal in specific cases such variances 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:

a.

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 specific piece of property at the time of the effective date of the ordinance from which this chapter is derived or where, by reason of exceptional topographic 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 a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of this chapter.

b.

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

1.

That the strict application of this chapter would produce undue hardship;

2.

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

3.

That the authorizing 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.

(i)

No such variance shall be authorized unless the board finds that the condition or situation of the property concerned or the intended use of the property 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 this chapter.

(ii)

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

(3)

Interpretation. The board of zoning appeals shall have the authority 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 public hearing with notice as required by Code of Virginia, § 15.2-2204, 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. The board shall not have the power to change substantially the location of district boundaries as established by ordinance.

(Code 1989, § 24-98; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

Applications for variances may be made by any property owner, tenant, governmental official, department, board or bureau. Such applications shall be made to the zoning administrator in accordance with rules and regulations adopted by the board. The application and accompanying maps, plans or other information shall be 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 variances shall be authorized except after notice and hearing as required by Code of Virginia, § 15.2-2204. The zoning administrator shall also transmit a copy of the application to the planning commission, which may send a recommendation to the board or appear as a party at the hearing.

(Code 1989, § 24-99; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 2-9-1998)

An appeal to the board may be taken by any person aggrieved or by any office, department, board or bureau of the town affected by any decision of the zoning administrator. Such appeal shall be taken within 30 days after the entry of the decision appealed from by 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 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. No such appeal shall be heard until after notice and hearing as required by Code of Virginia, § 15.2-2204.

(1)

Appeals shall be mailed to the board of zoning appeals in care of the zoning administrator, and a copy of the appeal mailed to the secretary of the planning commission. A third copy should be mailed to the individual official, department or agency concerned, if any.

(2)

Appeals requiring an advertised public hearing shall be accompanied by a certified check in the amount as provided for in the fee schedule on file in the town clerk's office payable to the town.

(Code 1989, § 24-100; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 2-9-1998)

(a)

The board of zoning appeals shall adopt such rules and regulations as it may consider necessary.

(b)

The meeting of the board shall be held at the call of its chairperson or at such times as a quorum of the board may determine.

(c)

The chairperson, or, in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses.

(d)

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 examination and other official actions, all of which shall be immediately filed in the town hall and shall be a public record.

(e)

All meetings of the board shall be open to the public.

(f)

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

(g)

A quorum shall be at least three members.

(Code 1989, § 24-101; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

(a)

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 60 days of the filing of the application for appeal. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination of the zoning administrator, or may decide in favor of the applicant on any matter upon which it is required to pass under this chapter or may affect any variance from this chapter. The board shall keep minutes of its proceedings and other official actions, which shall be filed in the town hall and shall be public record. The chairperson of the board, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses.

(b)

Appeals requiring an advertised public hearing shall be accompanied by a certified check in the amount as provided for in the fee schedule on file in the town clerk's office payable to the town.

(Code 1989, § 24-102; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

(a)

Any person aggrieved by any decision of the board of zoning appeals, or any taxpayer or any officer, department, board or bureau of the county or municipality, may present to the circuit court of the county a petition specifying the grounds on which aggrieved within 30 days after the filing of the decision in the town hall.

(b)

Upon the presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

(c)

If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(d)

Costs shall not be allowed against the board, unless it shall appear to the court that it acted in bad faith or with malice in making the decision from which appealed.

(Code 1989, § 24-103; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)