(a)

A board of zoning appeals, herein called the "board" consisting of five members shall be appointed by the circuit court having jurisdiction in the town. The board shall serve without pay other than for traveling expenses, and members shall be removable for cause upon written charges and after a 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 of members of the board of zoning appeals shall be for five years, except that of the first five 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. Members of the board shall hold no other public office except that one of the five appointed members may be a member of the planning commission.

(c)

A member may be removed for cause by the court which appointed him 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 choose annually its own chairman and vice-chairman, who shall act in the absence of the chairman. The board shall also elect a secretary who need not be a member of the board but may be an employee of the town. A secretary who is not a member of the board shall not be entitled to vote on matters before the board. Officers may succeed themselves upon election by the board.

(Ord. of 12-11-00)

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.

(2)

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 of this chapter will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done.

(3)

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.

(4)

No provision of this article shall be construed as granting the board the power to rezone property.

(Ord. of 12-11-00)

(a)

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

(b)

Meetings of the board shall be held at the call of its chairman or at such times as a quorum of the board may determine.

(c)

The chairman, or in his absence the vice-chairman, 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 and failing to vote indicating such fact. It shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(e)

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

(f)

A quorum shall be at least three members.

(g)

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

(Ord. of 12-11-00)

(a)

No application for any variance shall be considered by the board of zoning appeals within a period of one year from its last consideration by the board. 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 the ordinance from which this chapter derives, 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 that:

(1)

The strict application of this chapter would produce undue hardship;

(2)

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

(3)

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

(c)

No such variance shall be authorized except after notice and hearing as required by Code of Virginia, § 15.2-2204.

(d)

No 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.

(e)

In authorizing a variance, the board may impose such conditions regarding the location, character and other features of the proposed structure for such 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.

(Ord. of 12-11-00)

An appeal to the board of zoning appeals 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 appeal shall be taken within 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 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.

(Ord. of 12-11-00)

(a)

Appeals shall be mailed to the board of zoning appeals c/o the secretary of the board 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.

(b)

Appeals requiring an advertised public hearing shall be accompanied by a certified check for the fee which is on file in the town clerk's office, payable to the treasurer.

(Ord. of 12-11-00)

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 90 days. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from. The concurring vote of three members shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to 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.

(Ord. of 12-11-00)

(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 office of the board.

(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 relator'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)

The board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(d)

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.

(e)

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 appealed from.

(Ord. of 12-11-00)