(a)

Appointments. Pursuant to Code of Virginia, § 15.2-2308, there shall be a board of zoning appeals which shall consist of five members who shall be residents of the town and shall be appointed for five-year terms by the circuit court of Roanoke County. Members may be reappointed to succeed themselves.

(b)

Vacancies. The secretary of the board shall notify the court at least 30 days in advance of the expiration of any term and shall also notify the court promptly if any vacancy occurs. The filling of vacancies and procedures for removal of members of the board shall be as set forth in Code of Virginia, § 15.2-2308.

(a)

Chairman and vice-chairman. The board 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.

(b)

Secretary. The board shall elect a secretary who may be the zoning administrator or other qualified person and may be a member of the board. The secretary shall be responsible for preparing notices of hearings and minutes of meetings, keeping records, conducting official correspondence and such other duties as assigned by the board. The secretary shall not be entitled to vote on matters before the board.

(c)

Support services. With the approval of the town council and within limits of funds that may be appropriated for such purposes, the board may employ or contract for such clerical, technical or legal services necessary for it to carry out its responsibilities.

(a)

Rules. The board shall adopt such rules, as it deems necessary, for the conduct of its business consistent with the provisions of this article and Code of Virginia, title 15.2, as amended. Copies of such rules shall be available to the public.

(b)

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

(c)

Records. The board shall keep records of all its official actions, including minutes of its proceedings with the vote of each member on each question and 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.

(d)

Annual report. The board shall submit an annual report of its activities to the town council with a copy to the planning commission.

(a)

Regular meetings. The board shall, in accordance with its rules, schedule regular monthly meetings which shall be open to the public. The board may cancel any regular meeting if, by the filing deadline for applications and appeals to be heard at such meeting, there is no business to be brought before the board. The board may hold such other meetings as may be called by its chairman or by a quorum of its members.

(b)

Public hearings. The board shall make no decision on any application or appeal until it has conducted a public hearing in accordance with this article, after giving public notice as required by the provisions of Code of Virginia, § 15.2-2204. Such notice provisions shall be incorporated in or attached to the board's rules.

(c)

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

Pursuant to the provisions of Code of Virginia, § 15.2-2309, the board of zoning appeals shall have such powers and duties as set forth in this division.

The board 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 appendix.

(a)

A variance shall be granted if the evidence shows that the strict application of the terms of this appendix would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, or alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability, and:

(1)

The property interest for which the variance is being requested was acquired in good faith and the hardship was not created by the applicant;

(2)

The granting of the variance will not be of substantial detriment to adjacent property and properties in proximity to the property;

(3)

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

(4)

The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and

(5)

The relief or remedy sought by the variance application is not available through a special use permit process.

(b)

Any variance granted to provide a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability may expire when the person benefited by it is no longer in need of the modification to the property or improvements provided by the variance, subject to the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable.

(c)

No variance shall be considered except after notice and hearing as required by Code of Virginia, 1950, § 15.2-2204, as amended. However, when giving any required notice to the owners, their agents, or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first-class mail rather than by registered or certified mail.

(d)

In granting 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 complied with. A property subject to a variance shall be treated as conforming; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required.

The board shall have the power to hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected by the question, and after public hearing with notice as required by Code of Virginia, § 15.2-2204, the board may interpret the map in such way as to carry out the intent and purpose of the ordinance for the particular section or district in question. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the board may give such notice by first class mail rather than by registered or certified mail. The board shall not have the power to change substantially the locations of district boundaries as established by ordinance.

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

(a)

Who may file appeal. An appeal to the board of zoning appeals pursuant to section 10-6 of this article may be taken by any person aggrieved or by any officer, department, board or bureau of the town affected by any decision of the zoning administrator or by any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this appendix. Notwithstanding any Charter provision to the contrary, any written notice of a zoning violation or a written order of the zoning administrator dated on or after July 1, 1993, shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within 30 days in accordance with this section, and that the decision shall be final and unappealable if not appealed within 30 days. The appeal period shall not commence until the statement is given.

(b)

Filing of appeal. An 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 papers and other materials constituting the record upon which the action appealed from was taken. A copy of the notice of appeal shall also be transmitted to any other individual, officer, department or agency involved in the appeal.

(c)

Stay of proceedings. 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 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.

(a)

Who may file application. An application for a variance or interpretation of the official zoning map pursuant to sections 10-7 or 10-8 of this article may be made by any property owner, tenant, government official, department, board or bureau, on forms provided for such purpose by the board and available from the zoning administrator.

(b)

Application procedure. Applications shall be submitted to the zoning administrator in accordance with rules adopted by the board. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the board who shall place the matter on the docket to be acted upon by the board, or if the zoning administrator serves as secretary of the board, he or she shall place the matter on the docket to be acted upon by the board. The zoning administrator shall transmit copies of all applications to the planning commission, which may send a recommendation to the board or appear as a party at the hearing.

(c)

Reconsideration of application. Substantially the same application for a variance or interpretation of the official zoning map which has been decided by the board shall not be considered again by the board within one year of the date of its decision, except that the board may, pursuant to its rules, reconsider an application if its 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.

(a)

Notice and hearing. No decision on any application or appeal shall be made by the board until it has conducted a public hearing after giving public notice, including newspaper advertisements and written notices to affected parties, as required by the provisions of Code of Virginia, § 15.2-2204. The board shall fix a reasonable time for the hearing of an application or appeal, give the required 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 application or appeal.

(b)

Action by the board. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from. The concurring vote of not less than three members of the board shall be necessary to reverse any order, requirement, decision 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 appendix, or to effect any variance from the provisions of this appendix.

(c)

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.

A variance granted by the board shall lapse and be of no effect if, after the expiration of one year from the date of such action by the board, no site plan has been submitted, provided that the board may, for good cause shown, specify a longer period of time in conjunction with its action to grant a variance.

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

Decisions of the board shall be administered and enforced by the zoning administrator. Noncompliance with any action taken by the board, including conditions imposed by the board, shall constitute a violation of the provisions of this appendix.

Appeals from decisions of the board shall be presented to the Circuit Court of Roanoke County in accordance with the procedures set forth in Code of Virginia, § 15.2-2314, 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 town 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.