The following regulations shall apply to the Prince William County Board of Zoning Appeals.

1.

Continuance; composition; terms; vacancies. The Board of Zoning Appeals, as heretofore established pursuant to Code of Virginia, § 15.2-2308, is continued, and the seven members thereof shall hold office until the expiration of the term for which they were appointed.

(a)

The Board of Zoning Appeals shall consist of seven residents of the County, appointed by the Circuit Court of the County. Their terms of office shall be for five years each.

(b)

The secretary of the Board of Zoning Appeals shall notify the court at least 30 days in advance of the expiration of any term of office, and shall also notify the court promptly if any vacancy occurs.

(c)

Appointments to fill vacancies shall be only for the unexpired portion of the term. Members may be reappointed to succeed themselves. Members of the Board of Zoning Appeals shall hold no other public office in the County; except, that one member may be a member of the planning commission.

2.

Officers; quorum; rules; records and reports. The Board of Zoning Appeals shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.

(a)

Notwithstanding any other provision of law, general or special, for the conduct of any hearing or the taking of any action, a quorum shall be not less than a majority of all the members of the Board of Zoning Appeals and the board shall offer an equal amount of time in a hearing on the case to the applicant, appellant or other person aggrieved under § 15.2-2314 of the Code of Virginia, and the staff of the local governing body.

(b)

The Board of Zoning Appeals may make, alter and rescind rules and forms of its procedures consistent with this chapter and other ordinances of the County and general laws of the commonwealth.

(c)

The Board of Zoning Appeals shall keep a full public record of its proceedings and shall submit a report of its activities to the Board of County Supervisors at least once a year.

3.

Expenditures; compensation; removal of members; conflicts of interest. Upon request of the Board of Zoning Appeals, the Board of County Supervisors shall consider appropriation of funds so that the Board of Zoning Appeals may employ staff and contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. If the Board of Zoning Appeals has needs that surpass the budgeted amount, the Board of County Supervisors shall review the Board of Zoning Appeals request. Members of the Board of Zoning Appeals may receive compensation as authorized by the Board of County Supervisors.

(a)

Any member may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the court which appointed him, upon written charges and after a public hearing held after at least 15 days' notice.

(b)

Any member shall be disqualified to act upon any matter before the Board of Zoning Appeals, with respect to property in which the member or the member's immediate family has an interest.

4.

Ex parte communications, proceedings.

(a)

The non-legal staff of the governing body may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to a particular case. The applicant, landowner or his agent or attorney may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to a particular case. If any ex parte discussion of facts or law in fact occurs, the party engaging in such communication shall inform the other party as soon as practicable and advise the other party of the substance of such communication. For purposes of this section, regardless of whether all parties participate, ex parte communications shall not include (i) discussions as part of a public meeting or (ii) discussions prior to a public meeting to which staff of the governing body, the applicant, landowner or his agent or attorney are all invited.

(b)

Any materials relating to a particular case, including a staff recommendation or report furnished to a member of the board, shall be made available without cost to such applicant, appellant or other person aggrieved under § 15.2-2314 of the Code of Virginia, as soon as practicable thereafter, but in no event more than three business days of providing such materials to a member of the board. If the applicant, appellant or other person aggrieved under § 15.2-2314 of the Code of Virginia requests additional documents or materials be provided by the locality other than those materials provided to the board, such request shall be made pursuant to § 2.2-3704 of the Code of Virginia. Any such materials furnished to a member of the board shall also be made available for public inspection pursuant to subsection F of § 2.2-3707 of the Code of Virginia.

(c)

For the purposes of this section, "non-legal staff of the governing body" means any staff who is not in the office of the attorney for the locality, or for the board, or who is appointed by special law or pursuant to § 15.2-1542 of the Code of Virginia. Nothing in this section shall preclude the board from having ex parte communications with any attorney or staff of any attorney where such communication is protected by the attorney-client privilege or other similar privilege or protection of confidentiality.

(Ord. No. 00-19, 3-7-00; Ord. No. 15-45, Attch., 10-6-15; Ord. No. 24-01, 1-16-24)

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 in the administration or enforcement of this chapter. No such appeal shall be heard except after notice of hearing as provided by section 32-700.60.

2.

To hear and decide appeals from the decision of the Zoning Administrator. No such appeal shall be heard except after notice of hearing as provided by section 32-700.60. The determination of the administrative officer shall be presumed to be correct. At a hearing on an appeal, the administrative officer shall explain the basis for his determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. The board shall consider the purpose and intent of any applicable ordinances, laws, and regulations in making its decision. For purposes of this section, determination means any order, requirement, decision or determination made by an administrative officer.

3.

To hear and decide applications for interpretation of the official zoning 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 provided in section 32-700.60, the Board of Zoning Appeals 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, provided that the Board of Zoning Appeals shall not have the power to substantially change the locations of district boundaries as established by ordinance.

4.

To grant, upon application in specific cases, a variance provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that his application meets the standard for a variance as defined in § 15.2-2201 of the Code of Virginia and the criteria set out in this section. A variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, or alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability, and (i) the property interest for which the variance is being requested was acquired in good faith and where by reason of the exceptional and any hardship was not created by the applicant for the variance; (ii) the granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; (iii) 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; (iv) the granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and (v) the relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to subdivision 6 of § 15.2-2309 of the Code of Virginia or the process for modification of a zoning ordinance pursuant to subdivision A4 of § 15.2-2286 of the Code of Virginia at the time of the filing of the variance application. Any variance granted to provide a reasonable modification to a property or improvements thereon requested by or on behalf of, a person with a disability may expire when the person benefited by it is no longer in need of the modification to such property or improvements provided by the variance, subject to the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. If a request for a reasonable modification is made and is appropriate under the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable, such request shall be granted by the county unless a variance from the board of zoning appeals under this section is required for such request to be granted.

5.

No provision of this section shall be construed as granting the Board of Zoning Appeals the power to rezone property.

(Ord. No. 04-78, 12-21-04; Ord. No. 15-45, Attch., 10-6-15; Ord. No. 18-55, Attch., 11-20-18)

Editor's note— Amended to incorporate General Acts of Assembly 2018 Chapter 757.

1.

No variance shall be considered except after notice and hearing as required by section 32.-700.60 of this chapter. The Zoning Administrator shall also transmit a copy of the application to the Planning Commission, which may send a recommendation to the Board of Zoning Appeals or appear as a party at the hearing.

2.

No variance shall be authorized for a change in use which change shall be accomplished by a rezoning.

3.

In granting a variance, the Board of Zoning Appeals may impose such conditions 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 guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with. Notwithstanding any other provisions of this ordinance, the property upon which a property owner has been granted a variance shall be treated as conforming; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under this ordinance. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required.

4.

The concurring vote of four members of the Board of Zoning Appeals shall be necessary to grant a variance to the provisions of this chapter. The conduct of the hearing on a variance application shall be in accordance with the rules, regulations or bylaws adopted by the Board of Zoning Appeals. The Chairman of the Board of Zoning Appeals, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

(Ord. No. 09-22, 4-21-09; Ord. No. 14-66, Attch., 12-16-14; Ord. No. 15-45, Attch., 10-6-15)

1.

Applications for variances may be made by any property owner, tenant, government official, department, board or bureau for property owned by same. Such application shall be made to the Zoning Administrator in accordance with rules adopted by the Board of Zoning Appeals, and shall include the following minimum requirements:

(a)

A copy of the latest deed for the property.

(b)

A drawing, sketch or plan, to scale, with a north arrow, showing all existing and proposed improvements on the property (with dimensions and distances to property lines), abutting streets, and the special conditions of the property that may justify a variance.

(c)

The names and mailing addresses of record of the property owners within 200 feet of the applicant's property.

(d)

A fee, as determined by the Board of County Supervisors.

2.

Copies of the application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the Board of Zoning Appeals, or other person designated by the Board of Zoning Appeals, who shall place the matter on the docket to be acted upon by the Board of Zoning Appeals.

The following provisions shall apply to appeals under this chapter:

1.

The appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the County affected by any decision of the Zoning Administrator or other official charged with responsibility by this chapter for administering portions hereof. A written notice of a zoning violation or a written order of the Zoning Administrator shall include a statement that the notice of violation or written order shall be final and unappealable if not appealed within 30 days. The appeal period shall not commence until the statement is given and the zoning administrator's written order is sent by registered mail or certified mail to, or posted at, the last known address or usual place of abode of the property owner or it is registered agent, if any. There shall be a rebuttable presumption that the property owner's last known address is that shown on the current real estate tax assessment records, or the address of a registered agent that is shown in the records of the Clerk of the State Corporate Commission. An appeal shall be taken within 30 days after the decision appealed from, by filing with the Zoning Administrator and the board of appeals a notice of appeal specifying the grounds thereof, which shall be accompanied by a fee set by the Board of County Supervisors. The Zoning Administrator or other appropriate official shall forthwith transmit to the Board of Zoning Appeals copies of the papers constituting the record upon which the action was taken. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Zoning Appeals 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 of Zoning Appeals or by a court of record, on application and on notice to the Zoning Administrator and for due cause shown.

2.

The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal, give public notice as required by section 32-700.60 of this chapter thereof, as well as due notice to the parties in interest, and decide the same within 90 days.

3.

In exercising its powers, the Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from. The concurring vote of a quorum of its members shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or other official or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter. The chairman of the Board of Zoning Appeals, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. The Board of Zoning Appeals shall keep minutes of its proceedings and other official actions which shall be filed in the Planning Office and shall be public record.

4.

Upon filing an appeal to the Board of Zoning Appeals, a fee shall be paid in accordance with the fee schedule adopted by resolution of the governing body.

5.

In any appeal taken pursuant to this section, if the board's attempt to reach a decision results in a tie vote, the matter may be carried over until the next scheduled meeting at the request of the person filing the appeal.

(Ord. No. 04-78, 12-21-04; Ord. No. 09-22, 4-21-09; Ord. No. 14-17, Attch., 4-15-14; Ord. No. 24-48, 7-2-24)

Any person aggrieved by a decision of the Board of Zoning Appeals may file with the clerk of the Circuit Court of the County a petition specifying the grounds on which aggrieved, in accordance with Code of Virginia, § 15.2-2314, and any amendments thereto.

(Ord. No. 06-77, 9-5-06)

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 this chapter, 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 Zoning Administrator or other appropriate official.