Warren County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE VII
Board of Zoning Appeals
§ 180-69 Establishment.
A.
The Board of Zoning Appeals is established to perform those duties as set forth in Title 15.2, Chapter 22, Article 7, Zoning, §§ 15.2-2308 through 15.2-2312, Code of Virginia, and those duties as set forth in the provisions of this chapter.
[Amended 10-21-2008]
B.
The official title of the Board shall be the "Board of Zoning Appeals of Warren County" and such body shall also be known by the abbreviation "BZA."
§ 180-70 Membership.
The Board of Zoning Appeals shall consist of five members appointed by the Circuit Court of Warren County. One member of the BZA should be a member of the Planning Commission. Terms of office of Board members shall be five years, except that initially one member shall be appointed for five years, one for four years, one for three years, one for two years and one for one year. Members may be reappointed. Vacancies occurring shall be filled by appointment by the Circuit Court for the unexpired portion of the term involved. Any member of the BZA shall be disqualified from acting on any matter before the BZA in which such member or a member of his immediate family has a financial interest. Members of the BZA shall be removable for cause upon written charges after a public hearing by the Circuit Court.
§ 180-71 Powers and duties.
The Board of Zoning Appeals shall have the following powers and duties:
A.
Hear and decide appeals from any order, requirement, decision or interpretation made by the Zoning Administrator or his agent in the administration or enforcement of this chapter.
B.
Render decisions on specific requests for variance from the terms of this chapter which are not contrary to the public interest and when a literal enforcement of the provisions of this chapter would result in unnecessary hardship, provided that the spirit of this chapter is observed.
C.
Hear and decide all other matters referred to it and upon which it is required to act by this chapter.
D.
Make, alter and rescind rules and forms for its procedures consistent with this chapter of the County and the laws of the state.
E.
Prescribe procedures for the conduct of required public hearings.
F.
Employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services within the limits of funds appropriated by the Board of Supervisors.
§ 180-72 Organization and operations.
The BZA shall choose its Chairman and Vice Chairman annually and shall adopt such rules and regulations, consistent with this chapter, necessary to govern the conduct of its business. Meetings of the BZA, held at the call of the Chairman or at such times as the BZA itself shall determine, shall be open to the public. The BZA's minutes shall be available for public inspection in the BZA's office during normal business hours and shall show the vote of each member on all questions considered. The BZA may hold a work or study session, but no official action shall be taken at such meetings. Three members present at a meeting shall constitute a quorum and all decisions shall be by majority vote, except that the favorable vote of at least three members shall be required to approve any variance permit or reverse any prior decision of the BZA or any order, requirement, decision or determination of the administrator. The BZA shall render an annual report of its activities to the governing body as of the close of each calendar year.
§ 180-73 Decisions subject to review.
[Amended 10-21-2008]
All decisions and findings of the BZA shall be final but subject to judicial review in the manner provided by Title 15.2, Chapter 22, Article 7, Zoning, Code of Virginia as amended.