a.

An appeal from any final order or decision of the Zoning Administrator may be taken to the Board of Zoning Appeals by any person. An appeal is taken by filing with the Zoning Administrator and the Board of Zoning Appeals a written notice of appeal specifying the grounds therefore. A notice of appeal shall be considered filed with the Zoning Administrator and the Board of Zoning Appeals when delivered to the Town office, and the date and time of filing shall be entered on the notice by the Zoning Administrator.

b.

An appeal must be taken within 30 days after the date of the decision or order appealed from.

c.

Whenever an appeal is filed, the Zoning Administrator shall forthwith transmit to the Board of Zoning Appeals all the papers constituting the record relating to the action appealed from.

d.

An appeal stays all actions by the Zoning Administrator seeking enforcement of or compliance with the order or decision appealed from, unless the Zoning Administrator certifies to the Board of Zoning Appeals that (because of facts stated in the certificate) a stay would, in his opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed except by order of the Board of Zoning Appeals or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the Zoning Administrator.

e.

The Board of Zoning Appeals may reverse or affirm (wholly or partly) or may modify the order, requirement or decision or determination appealed from and shall make any order, requirement, decision, or determination that in its opinion ought to be made in the case before it. To this end, the Board of Zoning Appeals shall have all the powers of the officer from whom the appeal is taken.

a.

An application for a variance shall be submitted to the Board of Zoning Appeals by filing a copy of the application with the Zoning Administrator in the planning department. Applications shall be handled in the same manner as applications for zoning permits and special exceptions in conformity with the provisions of Sections 22-37, 22-38, and 22-39.

b.

A variance may be granted by the Board of Zoning Appeals if it concludes that strict enforcement of the ordinance would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of the ordinance will be observed, public safety and welfare secured, and substantial justice done. It may reach these conclusions if it finds that:

1.

If the applicant complies strictly with the provisions of the ordinance, he can make no reasonable use of his property,

2.

That special conditions or circumstances exist that are unique to the subject property or structure and that a strict enforcement of the provisions of this Ordinance would result in unwarranted hardship which is not generally shared by owners of property in the same land use classification.

(a)

The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public,

(b)

The hardship relates to the applicant's land, rather than personal circumstances,

(c)

The hardship is unique, or nearly so, rather than one shared by many surrounding properties,

(d)

The hardship is not the result in the applicant's own actions, and

(e)

That strict enforcement of the provisions of this Ordinance would deprive the property owner of rights commonly shared by other owners of property in the area.

3.

That the granting of a variance will not confer upon an applicant any special privilege that would be denied to other owners of like property and/or structures within the Zoning District.

4.

That the variance request is not based upon conditions or circumstances which are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or nonconforming which are related to adjacent parcels.

5.

That greater profitability or lack of knowledge of the restrictions shall not be considered as sufficient cause for a variance.

6.

That the proposed variance is consistent with the Town of Tappahannock Comprehensive Plan.

7.

The variance will neither result in the extension of a nonconforming situation in violation of Article VIII nor authorize the initiation of a nonconforming use of land.

c.

In granting variances, the Board of Zoning Appeals may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties.

d.

A variance may be issued for an indefinite duration or for a specified duration only.

e.

The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this ordinance.

a.

The Board of Zoning Appeals is authorized to interpret the zoning map and to pass upon disputed questions of lot or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the Zoning Administrator, they shall be handled as provided in Section 22-60.

b.

An application for a map interpretation shall be submitted to the Board of Zoning Appeals by filing a copy of the application with the Zoning Administrator. The application shall contain sufficient information to enable the Board of Zoning Appeals to make the necessary interpretation.

c.

Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerline of alleys, streets, highways, streams, or railroads shall be construed to follow such centerline,

2.

Boundaries indicated as approximately following lot lines, and Town boundary lines shall be construed as following such lines, limits or boundaries,

3.

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines,

4.

Where a district boundary divides a lot or where distances are not specifically indicated on the Official Zoning Map, the boundary shall be determined by measurement, using the scale of the Official Zoning Map.

5.

Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

d.

Interpretations of the location of floodway and floodplain boundary lines may be made based on the FEMA Maps.

The Board of Zoning Appeals shall hear and decide all appeals, variance requests, and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with Article VI, and obtain the necessary information to make sound decisions.

a.

When an appeal is taken to the Board of Zoning Appeals in accordance with Section 22-60, the Zoning Administrator shall have the initial burden of presenting to the Board of Zoning Appeals sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion.

b.

The burden of presenting evidence sufficient to allow the Board of Zoning Appeals to reach the conclusions set forth in Subsection 22-61 b., as well as the burden of persuasion on those issues, remains with the applicant seeking the variance.

a.

With respect to appeals, a motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include, insofar as practicable, a statement of the specific reasons or findings of facts that support the motion. If a motion to reverse or modify is not made or fails to receive the majority vote necessary for adoption, then a motion to uphold the decision appealed from shall be in order. This motion is adopted as the Board's decision if supported by a majority of the Board's membership (excluding vacant seats).

b.

A motion to deny a variance may be made on the basis that any one or more of the six criteria set forth in Subsection 22-61 b. are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it. This motion is adopted as the Board's decision if supported by a majority of the Board's membership (excluding vacant seats).