a.

Before making a decision on an appeal or an application for a variance, special exception, or a petition from the Zoning Administrator to revoke a special exception, the Board of Zoning Appeals shall hold a hearing on the appeal or application.

b.

Subject to Subsection c., the hearing shall be open to the public and all persons interested in the outcome of the appeal or application shall be given an opportunity to present evidence and arguments and ask questions of persons who testify.

c.

The Board of Zoning Appeals may place reasonable and equitable limitations on the presentation of evidence and arguments and the cross-examination of witnesses so that the matter at issue may be heard and decided without undue delay.

d.

The Board of Zoning Appeals may continue the hearing until a subsequent meeting and may keep the hearing open to take additional information up to the point a final decision is made. No further notice of a continued hearing need be published unless a period of six weeks or more elapses between hearing dates.

The Zoning Administrator shall give notice of any hearing required by Section 22-66 as per the requirements of Code of Virginia (1950), tit. 15.2, § 2204, as amended and as follows:

a.

Notice shall also be given by prominently posting signs in the vicinity of the property that is the subject of the proposed action. Such signs shall be posted not less than seven days prior to the hearing.

b.

The Town may charge reasonable fees to cover the expense of the notice and hearing requirements contained herein.

a.

The provisions of this section apply to all hearings for which a notice is required by Section 22-66.

b.

All persons who intend to present evidence to the Board of Zoning Appeals, rather than arguments only, shall be sworn.

All findings and conclusions necessary to the issuance or denial of the requested permit or appeal (crucial findings) shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, but in no case may crucial findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed.

a.

In response to questions or comments by persons appearing at the hearing or to suggestions or recommendations by the Board of Zoning Appeals, the applicant may agree to modify his application, including the plans and specifications submitted.

b.

Unless such modifications are so substantial or extensive that the Board of Zoning Appeals cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised plans before it, the Board of Zoning Appeals may approve the application with the stipulation that the permit will not be issued until plans reflecting the agreed upon changes are submitted to the planning staff.

a.

A record shall be kept of all hearings required by Section 22-66, and such record shall be kept for at least two years. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made.

b.

Whenever practicable, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the Town for at least two years.

a.

Any decision made by the Board of Zoning Appeals regarding an appeal or variance or issuance or revocation of a special exception shall be reduced to writing and served upon the applicant or appellant and all other persons who make a written request for a copy.

b.

In addition to a statement of the Board's ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the Board's findings and conclusions, as well as supporting reasons or facts.