The board of zoning appeals heretofore established shall continue as the board of zoning appeals under the provisions of this chapter. Said board shall consist of seven (7) members who shall be appointed by the circuit court of the county.

The term of office of members of the board of zoning appeals shall be five (5) years. Appointments for vacancies occurring other than by expiration of terms shall be for the unexpired term.

At the request of the board of supervisors, the circuit court of the county may appoint up to three (3) alternates to the board of zoning appeals. The qualifications, terms, and compensation of alternate members shall be the same as those of regular members. When a regular member knows he will be absent from a meeting or will have to abstain from any application at a meeting, he or she shall notify the chairman twenty-four (24) hours prior to the meeting of such fact. The chairman of the board of zoning appeals shall select an alternate to serve in the absent or abstaining member's place and the records of the board shall so note. Such alternate member may vote on any application in which a regular member abstains.

(Ord. No. 094-29, § 28-1901, 8-9-94; Ord. No. O10-11, 3-2-10)

Members of the board of zoning appeals shall serve without pay other than traveling expenses.

(Ord. No. 094-29, § 28-1902, 8-9-94)

Members of the board of zoning appeals shall be removable, for cause by the appointing authority, upon written charges and after a public hearing.

(Ord. No. 094-29, § 28-1903, 8-9-94)

The board of zoning appeals shall choose, annually, its own chairman, vice chairman and secretary. The board of zoning appeals shall adopt such rules and regulations it may consider necessary.

(Ord. No. 094-29, § 1904, 8-9-94)

A quorum of the board of zoning appeals shall be at least four (4) members. Meetings shall be held at the call of the chairman or at such times as a quorum of the board may determine. All such meetings shall be open to the public.

(Ord. No. 094-29, § 28-1905, 8-9-94)

The chairman of the board of zoning appeals, or in his absence the vice chairman, may administer the oaths and compel the attendance of witnesses.

(Ord. No. 094-29, § 28-1906, 8-9-94)

The board of zoning appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, and it shall keep records of its examinations and other official actions, all of which shall be filed in the office of zoning and inspections and shall be a public record.

(Ord. No. 094-29, § 28-1907, 8-9-94)

Application to the board of zoning appeals shall be filed in the department of code administration on approved forms. Each such application shall include:

(1)

A check for the fee established by the board of supervisors, payable to the county treasurer.

(2)

Written verification from the county treasure that all delinquent real estate taxes on the subject property have been paid in full.

(3)

Per § 15.2-2289, Code of Virginia (1950), as amended, and section 28-297 of this Code, completed affidavit forms as provided by the department of planning and community development disclosing the equitable ownership of the real estate to be affected by the application, in the case of corporate ownership, the name of stockholders, officers and directors and in any case the name and addresses of all the real parties of interest.

(Ord. No. 094-29, § 28-1908, 8-9-94; Ord. No. 096-47, 10-15-96; Ord. No. O05-54, 12-13-05)

(a)

The board of zoning appeals shall hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this chapter.

(b)

An 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. Such appeal shall be taken within thirty (30) days after the decision appealed from, by filing, with the zoning administrator, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board of zoning appeals 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 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 good cause shown.

(c)

The board of zoning appeals 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 of interest and decide the same within sixty (60) days.

(d)

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. A favorable vote of four (4) members of the board shall be necessary to reverse any order, requirement or determination of any administrative official or to decide in favor of the applicant.

(Ord. No. 094-29, § 28-1909, 8-9-94; Ord. No. 094-53, 12-6-94)

(a)

The board of zoning appeals may 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.

(b)

The board of zoning appeals may authorize a variance under this section 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 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 the use of 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, as distinguished from a special privilege or convenience sought by the applicant; provided, that the variances shall be in harmony with the intended spirit and purpose of this chapter.

(c)

No variance shall be authorized by the board of zoning appeals, unless it finds:

(1)

That the strict application of the provisions 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;

(3)

That the authorization of such variance shall 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;

(4)

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.

(d)

Should an application for a variance be denied, the board shall not consider substantially the same application for at least one year. The one year shall be counted from the date of the board's denial.

(e)

At least fifteen (15) days prior to a public hearing to consider an application for a variance, the board of zoning appeals or its representative shall erect on the property proposed for a variance, a sign or signs furnished by the planning director or his designee indicating the variance proposed, and the date, time, and place of the public hearing. If the county offices are closed fifteen (15) days prior to the public hearing when said sign should be erected and the sign cannot be erected on or prior to that date, the sign shall be erected on the next business day the county offices are open. The sign shall be erected within ten (10) feet of whatever boundary line of such property abuts a public road and shall be placed so as to be clearly visible from the road. If more than one public road abuts such property, then a sign shall be erected in the same manner for each such road. If no public road abuts the property proposed for the variance, then signs shall be erected in the same manner as provided for above on at least two (2) boundaries of the property abutting the property proposed for a variance.

(f)

Written notice shall be given by the board of zoning appeals or its representative to all adjoining property owners whose property is located within five hundred (500) feet of any property line of any property subject to the application no less than five (5) days before the public hearing before the board of zoning appeals. Notice sent to the last known address of any such owner, as shown on the current real estate tax assessment books of the county, shall be deemed adequate compliance with this requirement. In the event the adjoining property is within another jurisdiction of the commonwealth, the notice shall be sent to the administrator or executive of that jurisdiction. If the public hearing before the board of zoning appeals is cancelled, notice shall be remailed no less than five (5) days before the rescheduled public hearing.

(1)

Written notice by the board of zoning appeals or its representative shall be by certified mail. However, in cases where the number of adjoining property owners—within five hundred (500) feet of any property line of the property subject to the application—to be notified is greater than twenty-five (25), written notices may be sent by first class mail.

(g)

The notice requirements provided in subsections (e), (f), and (f)(1) directly above that are in addition to the Virginia Code notice requirements are supplemental notice requirements. For any supplemental notice requirement, the board of zoning appeals' grant of a variance shall not be invalid solely due to the failure to comply with any such supplemental notice requirement.

(Ord. No. 094-29, § 28-1910, 8-9-94; Ord. No. 094-53, 12-6-94; Ord. No. 001-17, 3-20-01; Ord. No. O10-03, 3-16-10; Ord. No. O22-24, 12-13-22)

(a)

The board of zoning appeals may grant special exceptions under this chapter upon finding that the use will not be detrimental to the character and development of adjacent land and will be in harmony with the purpose and intent of this chapter.

(b)

An application for a special exception shall be submitted to the zoning administrator, who shall forward the same, along with such information that may be necessary, to the board of zoning appeals.

(c)

No special exception shall be granted or revoked except after notice and hearings provided in section 15.2-2204 of the Code of Virginia (1950), as amended. At least fifteen (15) days prior to a public hearing to consider granting a special exception before the board of zoning appeals, the board of zoning appeals or its representative shall erect on the property proposed for a special exception, a sign or signs furnished by the planning director or his designee indicating the change proposed, and the date, time, and place of the hearing. If the county offices are closed fifteen (15) days prior to the public hearing when said sign should be erected and the sign cannot be erected on or prior to that date, the sign shall be erected on the next business day the county offices are open. The sign shall be erected within ten (10) feet of whatever boundary line of such property abuts a public road, and shall be placed so as to be clearly visible from the road. If more than one public road abuts such property, then a sign shall be erected in the same manner for each such road. If no public road abuts the property proposed for a variance, then signs shall be erected in the same manner as provided for above on at least two (2) boundaries of the property abutting the subject property.

(1)

Written notice shall be given by the board of zoning appeals or its representative to all adjoining property owners whose property is located within five hundred (500) feet of any property line of the property subject to the application no less than five (5) days before the public hearing before the board of zoning appeals. Notice sent to the last known address of any such owner, as shown on the current real estate tax assessment books of the county, shall be deemed adequate compliance with this requirement. In the event the adjoining property is within another jurisdiction of the commonwealth, the notice shall be sent to the administrator or executive of that jurisdiction. If the public hearing before the board of zoning appeals is cancelled, notice shall be remailed no less than five (5) days before the rescheduled public hearing.

(2)

The written notice by the board of zoning appeals or its representative shall be by certified mail. However, in cases where the number of adjoining property owners—within five hundred (500) feet of any property line of the property subject to the application—to be notified is greater than twenty-five (25), written notices may be sent by first class mail.

(d)

If the board of zoning appeals shall find that the use for which a special exception is sought shall be in accord with the following standards, it may grant the exception, provided that all other provisions of law shall be complied with:

(1)

The use shall not tend to change the character and established pattern of development of the proposed use;

(2)

The use shall be in harmony with the uses permitted by right under a zoning permit in the zoning district and shall not affect adversely the use of neighboring properties;

(3)

The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof;

(4)

The use shall not affect the health or safety of persons residing or working in the neighborhood of the proposed use;

(5)

The use shall not be detrimental to the public welfare or injurious to property or to improvements to the neighborhood;

(6)

The use shall be in accord with the purposes of this chapter and the comprehensive plan of the county.

(e)

Any use, building or activity legally in existence on the effective date of this chapter, shall not require a special exception, so long as such existing use, building or activity is not expanded or enlarged.

(f)

Should an application for a special exception be denied, at least one year shall elapse before another application of the same use on the same land is considered. The one year shall be counted from the date of denial.

(g)

The notice requirements provided in subsections (c), (c)(1), and (c)(2) directly above that are in addition to the Virginia Code notice requirements are supplemental notice requirements. For any supplemental notice requirement, the board of zoning appeals' grant of a special exception shall not be invalid solely due to the failure to comply with any such supplemental notice requirement.

(Ord. No. 094-29, § 28-1911, 8-9-94; Ord. No. 094-53, 12-6-94; Ord. No. O06-76, 12-5-06; Ord. No. O20-31, 10-20-20; Ord. No. O22-24, 12-13-22)

In granting a variance or special exception, 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.

(Ord. No. 094-29, § 28-1912, 8-9-94)

(a)

Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any taxpayer or any officer, department, board or bureau of the county, may present to the circuit court of the county a petition specifying the grounds on which aggrieved, within thirty (30) days after the filing of a decision in the office of such board.

(b)

Upon the presentation of a petition pursuant to this section, 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 (10) 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 of zoning appeals and on due cause shown, grant a restraining order.

(c)

The board of zoning appeals 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 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 of zoning appeals, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from.

(Ord. No. 094-29, § 28-1913, 8-9-94)