(a)

A board of zoning appeals consisting of five members shall be appointed by the circuit court of the county. One of the five appointed members of the board of zoning appeals shall be an active member of the planning commission.

(b)

At the request of the local governing body, the circuit court of the county may appoint not more than three alternates to the board of zoning appeals. The qualifications, terms and compensation of alternate members shall be the same as those of regular members. A regular member who knows of necessary absence from a meeting or who will have to abstain from voting on an application shall so notify the chairperson. The chairperson shall select an alternate to serve in the absent or abstaining member's place and the records of the board of zoning appeals shall so note. Such alternate member may vote on any application in which a regular member abstains or is not present to vote.

(c)

The term of office of members, including alternates, of the board of zoning appeals shall be for five years. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term.

(d)

The board of zoning appeals shall serve without pay other than for traveling expenses.

(e)

Any board of zoning appeals member or alternate may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the circuit court of the county, after a hearing held after at least fifteen days' notice.

(f)

Any member of the board of zoning appeals shall be disqualified to act upon a matter before the board of zoning appeals with respect to property in which the member has an interest.

(g)

With the exception of its secretary and the alternates, the board of zoning appeals shall elect from its own membership a chairperson and a vice-chairperson who shall serve annual terms as such and may succeed themselves. The board of zoning appeals may elect as its secretary either one of its members or a qualified individual who is not a member of the board, excluding the alternate members. A secretary who is not a member of the board of zoning appeals shall not be entitled to vote on matters before the board.

(h)

For the conduct of any hearing, a quorum shall be not less than a majority of all the members of the board of zoning appeals.

(Code 1997, § 66-36; Ord. No. 2015-001, § 3, 1-27-2015)

State Law reference— Creation and membership and terms of member of the board of zoning appeals, Code of Virginia, § 15.2-2308.

The board of zoning appeals shall have the following powers and duties:

(1)

To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this chapter or any ordinance adopted pursuant thereto.

(2)

To 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 will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done, as follows: 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 the time of the effective date of the ordinance from which this chapter is derived, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the use or 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 approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant; provided that all variances shall be in harmony with the intended spirit and purpose of this chapter. No such variance shall be authorized by the board unless it finds that the strict application of this chapter would produce undue hardship, that such hardship is not shared generally by other properties in the same zoning district and the same vicinity, and that the authorization of such variance will 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. No such variance shall be authorized except after notice and hearing as required by Code of Virginia, § 15.2-2204. No variance shall be authorized unless the board finds 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. In authorizing a variance the board may impose such conditions regarding the location, character and other features of the proposed structure for 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.

(Code 1997, § 66-37)

State Law reference— Powers and duties of board of zoning appeals, Code of Virginia, § 15.2-2309.

(a)

The board of zoning appeals shall adopt such rules and regulations as it may consider necessary.

(b)

The meetings of the board of zoning appeals shall be held at the call of its chair or at such times as a quorum of the board may determine.

(c)

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

(d)

The board of zoning appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. It shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of zoning appeals and shall be a public record.

(e)

All meetings of the board of zoning appeals shall be open to the public.

(f)

A quorum of the board of zoning appeals shall be at least three members.

(g)

A favorable vote of three members of the board of zoning appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass.

(Code 1997, § 66-38)

An appeal to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the county or municipality affected by any decision of the zoning administrator. Such appeal shall be taken within 30 days after the decision appealed from by filing with the zoning administrator, and with the board of zoning appeals, a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board 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 or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

(Code 1997, § 66-61)

State Law reference— Appeals to the board of zoning appeals, Code of Virginia, § 15.2-2311.

(a)

Appeals shall be mailed to the board of zoning appeals in care of the zoning administrator or his designee, and a copy of the appeal mailed to the secretary of the planning commission. A third copy should be mailed to the individual, official, department or agency concerned, if any.

(b)

Unless otherwise specified in this chapter, a fee as provided in the fee schedule in Appendix A to this Code shall be required for all appeals to the board of zoning appeals.

(Code 1997, § 66-62; Ord. No. 98-7, § 1(66-62), 7-27-1998)

State Law reference— Appeal procedures, Code of Virginia, §§ 15.2-2311, 15.2-2312.

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 in interest and decide the appeal within 60 days. 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. The concurring vote of three members of the board of zoning appeals shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variance from this chapter. The board of zoning appeals shall keep minutes of its proceedings and other official actions, which shall be filed in the office of the board and shall be public records. The chair of the board of zoning appeals, or in his absence the acting chair, may administer oaths and compel the attendance of witnesses.

(Code 1997, § 66-63)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2312.

(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 or municipality, may present to the circuit court of the county a petition specifying the grounds on which aggrieved within 30 days after the filing of the decision in the office of the board.

(b)

Upon the presentation of such petition, 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 relator's attorney, which shall not be less than ten 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 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 evidence to the court with his findings of fact and conclusions of law, which shall constitute a 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 unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from. In the event the decision of the board of zoning appeals is affirmed and the court finds that the appeal was frivolous, the court may order the person who requested the issuance of the writ of certiorari to pay the cost incurred in making the return of the record pursuant to the writ of certiorari. If the petition is withdrawn subsequent to the filing of the return, the board of zoning appeals may request that the court hear the matter on the question of whether the appeal was frivolous.

(Code 1997, § 66-64)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2314.