Pursuant to the provisions of Code of Virginia, § 15.2-2308, as amended, there shall be a board of zoning appeals which shall consist of five members who shall be residents of the city and shall be appointed by the circuit court of the city for terms of five years. The secretary of the board shall notify the circuit 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. Members of the board shall hold no other public office in the city, except that one shall be appointed from among the members of the city planning commission. Appointment, reappointments, the filling of vacancies and procedures for the removal of members shall be as set forth in Code of Virginia, § 15.2-2308, as amended.

(Ord. No. 1553, 5-14-07)

The board of zoning appeals shall elect from among its members a chairman and a vice-chairman who shall serve in the absence of the chairman. The chairman and vice-chairman shall serve annual terms and may succeed themselves. The board shall also elect a secretary who, with the consent of the city manager, shall be a qualified employee of the city and shall serve an indefinite term.

(Ord. No. 1553, 5-14-07)

With the approval of the city council and within the limits of funds that may be appropriated for such purposes, the board of zoning appeals may employ or contract for such clerical, technical or legal services necessary for it to carry out its responsibilities. Members of the board may be reimbursed for travel expenses and may receive such additional compensation as may be authorized by the city council.

(Ord. No. 1553, 5-14-07)

(1)

Adoption of rules. The board of zoning appeals shall adopt rules of procedures necessary for the conduct of its affairs in keeping with the applicable provisions of this article and the provisions of Code of Virginia, tit. 15.2, as amended. Copies of such rules shall be available to the public.

(2)

Forms for applications and appeals. The board of zoning appeals shall see that forms necessary for applications and appeals are available, which forms shall be provided to applicants by the zoning administrator.

(3)

Meetings. The board of zoning appeals shall hold regular monthly meeting which shall be open to the public. The board may also hold such additional meetings as it deems necessary in accordance with its rules. The chairman of the board may cancel any regular monthly meeting if, by the filing deadline for applications and appeals, there is no business to be brought before the board. All meetings and other activities of the board shall be conducted in accordance with applicable provisions of the Virginia Freedom of Information Act.

(4)

Public notice and hearings. The board of zoning appeals shall make no decision on any application or appeal until it has conducted a public hearing after giving public notice as required by the provisions of Code of Virginia, § 15.2-2204, as amended, which provisions shall be incorporated within or attached to the rules of the board. In addition to such general notice as required by the provisions of that section:

(a)

The board shall give written notice at least five days prior to the hearing to the appellant or applicant and to the owners or their agents of the property involved in the appeal or application and of all abutting properties and property immediately across the street from the property involved;

(b)

In the case of an application for a variance, interpretation of the zoning district map or special exception, the zoning administrator shall at the time general public notice is given post a sign on the property involved in the applications. Such sign shall be placed so as to be visible from the principal street abutting the property and shall indicate the nature of the application and the time and place of the public hearing. If such sign has been properly posted as required herein and is subsequently obliterated, removed or destroyed without the knowledge of the zoning administrator, such fact shall not affect the jurisdiction of the board to hear and decide the case.

(5)

Quorum. A quorum of not less than three members of the board of zoning appeals shall be required for the conduct of any hearing and the taking of any action.

(6)

Notification of decisions. The zoning administrator and each appellant or applicant shall be notified in writing of the decision of the board by its secretary.

(7)

Records. The board of zoning appeals shall keep minutes of its proceedings, including the vote of each member on each question, and shall keep records of its official actions. The minutes of the board shall include a finding of fact in each case setting forth the reasons of the board for each action taken. Minutes and records shall be public and shall be filed in the office of the board.

(8)

Annual report. The board shall submit an annual report of its activities to the city council.

(Ord. No. 1553, 5-14-07)

Pursuant to the provisions of Code of Virginia, § 15.2-495, as amended, the board of zoning appeals shall have such powers and duties as set forth in this division.

(Ord. No. 1553, 5-14-07)

The board of zoning appeals shall have the power to hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator or any other administrative officer in the administration or enforcement of this chapter. The failure or refusal of the zoning administrator or other administrative officer to act on a properly submitted application or request for determination shall constitute a decision applicable pursuant to this section.

(Ord. No. 1553, 5-14-07)

The board of zoning appeals shall have the power to authorize upon application in specific cases, such variance as defined in Code of Virginia, § 15.2-2201, as amended, from the terms of this chapter as will not be contrary to the public interest. Such variance may be granted when, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, provided that the spirit of this chapter shall be observed and substantial justice shall be done. The following guidelines and restrictions shall be observed by the board.

(1)

No variance shall be authorized by the board unless a property owner can show to the satisfaction of the board that:

a.

The property was acquired in good faith;

b.

By reason of the exceptional narrowness, shallowness, size or shape of the property at the time of the effective date of this chapter or subsequent amendment thereto, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property or of the condition, situation or development of property immediately adjacent thereto, strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the utilization of the property; or that the granting of the variance requested will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant.

(2)

No variance shall be authorized by the board unless it finds from the evidence presented that:

a.

Such variance will be in harmony with the intended spirit and purpose of this chapter;

b.

The strict application of this chapter would produce undue hardship, and such hardship is not shared generally by other properties in the same zoning district and in the same vicinity as the subject property;

c.

The authorization of such variance will not be of substantial detriment to adjacent property, and the character of the district will not be changed by the granting of the variance;

d.

The condition or situation of the property concerned is not of so general or recurring in nature as to make reasonably practicable the formulation of a general regulation to be adopted by the city council as an amendment to this chapter;

e.

The variance will not include a departure from the use regulations set forth in this chapter.

(3)

No application of any requirement of Article V of this chapter relating to the size, number, area, location or type of signs shall be deemed to constitute a hardship unless such requirement results in a situation in which no sign for a business activity lawfully occurring on the property is reasonably visible from the public street which provides the principal access to the business.

(4)

No variance from the terms of this chapter shall be granted for any proposed use, development or activity within the FP-1 Floodplain, Limited, District that will cause any increase in flood levels during the 100-year flood as defined in this chapter, or for any proposed use, development or activity within the FP-2 Floodplain, General, District which will effect an increase in flood levels in the floodway fringe and the additional floodway fringe, where applicable, which the floodplain provisions of this chapter are designed to prevent in such districts.

(5)

In the authorization of a variance, the board 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 satisfied.

(Ord. No. 1553, 5-14-07)

The board of zoning appeals shall have the power to hear and decide applications for interpretation of the zoning district map where there is any uncertainty as to the location of a district boundary, and where the rules for interpretation of district boundaries set forth in Article I of this chapter do no satisfactorily resolve such uncertainty. After notice to the owners of the property affected by any such question, and after public hearing with notice as required, the board may interpret the map in such 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 locations of district boundaries established by this chapter.

(Ord. No. 1553, 5-14-07)

The board of zoning appeals shall have the power to hear and decide applications for such special exceptions as may be specifically authorized elsewhere in this chapter. In the granting of any special exceptions, the board may impose such conditions relating to the use provided for as it may deem necessary in the public interest, including limiting the duration of a special exception, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be satisfied.

(Ord. No. 1553, 5-14-07)

No provision of this article shall be construed as granting the board of zoning appeals that power to rezone property, which power shall be vested in the city council.

(Ord. No. 1553, 5-14-07)

(1)

Who may file appeal. An appeal to the board of zoning appeals pursuant to section 120.1-296 of this article may be taken by any person aggrieved or by any officer of the city affected by any decision of the zoning administrator or any order, requirement, decision or determination made by any other administrative officer, in the administration or enforcement of this chapter.

(2)

Submission of appeal. An appeal shall be taken within 30 days after the decision appealed from by filing with the secretary of the board of notice of an appeal specifying the grounds thereof. Copies of the notice of appeal shall also be submitted to the zoning administrator and any other individual, officer, department or agency involved in the appeal. The zoning administrator shall forthwith transmit to the secretary of the board all papers and other materials constituting the record upon which the action appealed from was taken.

(3)

Stay of proceedings. An appeal to the board 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 or her opinion cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order granted by the board or by a court of record, on application and with notice to the zoning administrator, and for good cause shown.

(Ord. No. 1553, 5-14-07)

(1)

Who may file. Applications for variances, interpretation of the zoning district map and special exceptions 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.

(2)

Submission of applications. Applications shall be submitted to the zoning administrator in accordance with rules adopted by the board of zoning appeals. The zoning administrator shall transmit all applications and accompanying maps and documents to the secretary of the board, who shall place the matter on the docket of the board. The zoning administrator shall also transmit copies of all applications to the city planning commission, which may send a recommendation to the board or appear as a party at the hearing.

(3)

Reconsideration of applications. Substantially the same application for a variance, interpretation of the zoning district map or special exception which has been decided by the board shall not be considered again by the board within one year of the date of its decisions, except that the board may, pursuant to its rules, reconsider an application if it finds that new or additional information is available which would have a direct bearing on the case and which could not reasonably have been presented at the initial hearing.

(Ord. No. 1553, 5-14-07)

(1)

Procedure. The board of zoning appeals shall fix a reasonable time for the hearing of an appeal or application, 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 appeal or application.

(2)

Action of the board. The concurring vote of not less than three members of the board shall be necessary to reverse any order, requirement, decisions or determination of an administrative officer, or to decide in favor of the applicant in any matter upon which it is required to pass under this chapter, or to effect any variance from the provisions of this chapter. In exercising its powers in the case of an appeal from a decision of an administrative officer, the board may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from.

(3)

Oaths and witnesses. The chairman of the board or, in his or her absence, the acting chairman may administer oaths and compel the attendance of witnesses.

(Ord. No. 1553, 5-14-07)

A variance or special exception 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 board, no construction or change in use pursuant to such variance or special exception has taken place. The board may for good cause specify a longer period of time in conjunction with its action to grant a variance or special exception.

(Ord. No. 1553, 5-14-07)

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

(Ord. No. 1553, 5-14-07)

Decisions of the board of zoning appeals shall be enforced by the zoning administrator. Noncompliance with any action taken by the board, including conditions imposed by it, shall constitute a violation of this chapter. The board may, after giving notice and holding a public hearing as provided by this article, revoke a special exception if it determines there has not been compliance with its terms or conditions.

(Ord. No. 1553, 5-14-07)

Appeals from decisions of the board of zoning appeals shall be presented to the circuit court in accordance with the procedures, set forth in Code Virginia, § 15.2-497, as amended. Any person or persons jointly or severally aggrieved by any decision of the board, or any taxpayer or any officer, department, board or bureau of the city may present to the circuit court a petition specifying the grounds on which aggrieved within 30 days after the filing of the decision in the office of the board.

(Ord. No. 1553, 5-14-07)

A filing fee in such amount as established by general rule by the city council shall be submitted with each appeal to the board and each application for variance, interpretation of the zoning district map or special exception.

(Ord. No. 1553, 5-14-07)