(a)

Pursuant to the provisions of 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 by the circuit court. Terms of the members of the board of zoning appeals, reappointments, the filling of vacancies and procedures for the removal of members shall be as set forth in Code of Virginia, § 15.2-2308.

(b)

The board of zoning appeals shall elect from among its members a chairman, a vice-chairman who shall serve in the absence of the chairman, and a secretary, all of whom shall serve annual terms and may succeed themselves. The board shall also elect from among its members a representative who shall serve on the planning commission for a term coincident with that member's term on the board.

(c)

Within the limits of funds appropriated for its use by the town council, the board of zoning appeals may employ or contract for such clerical, technical or legal services as necessary for it to carry out its responsibilities.

(Ord. of 3-27-89, § 15-200)

(a)

The board of zoning appeals shall adopt rules necessary for the conduct of its affairs in keeping with the provisions of this article and the applicable laws of the commonwealth. Copies of such rules shall be available to the public.

(b)

The board of zoning appeals shall provide forms for applications and appeals, which forms shall be made available to applicants by the zoning administrator.

(c)

The board of zoning appeals shall hold monthly meetings which shall be open to the public, and may hold such additional meetings as it deems necessary in accordance with its rules.

(d)

The board of zoning appeals shall keep minutes of its proceedings, including the vote of each member upon each question, and shall keep records of its official actions. Minutes and records shall be public and shall be filed in the office of the board. The board shall submit an annual report of its activities to the town council.

(e)

A quorum of not less than a majority of all the members of the board shall be required for the conduct of any hearing and the taking of any action. The board shall make no decision on any application or appeal until it has conducted a public hearing after giving public notice as required by the provisions of Code of Virginia, § 15.2-2204, which provisions shall be incorporated into the rules of the board.

(Ord. of 3-27-89, § 15-201)

Pursuant to the provisions of Code of Virginia, § 15.2-2309, 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 the zoning administrator or by any administrative officer in the administration or enforcement of this chapter.

(2)

To authorize, upon appeal or original application in specific cases, such variance as defined in Code of Virginia, § 15.2-2201, 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:

a.

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 this chapter or subsequent amendment thereto, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property or of the condition, situation or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the utilization 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:

1.

That the strict application of this chapter would produce undue hardship;

2.

That such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and

3.

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.

b.

No variance shall be authorized unless the board finds that the condition or situation of the property concerned 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, and no variance shall include a departure from the use regulations set forth in this chapter.

c.

In authorizing 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.

(3)

To hear and decide applications for interpretation of the official zoning 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 any such question, and after public hearing with notice as required, the board may interpret the map in such way as to carry out the intent and purpose of this chapter for the particular section or district in question. The board shall not have the power to change substantially the locations of district boundaries as established by this chapter.

(4)

To hear and decide application for such special exceptions as may be authorized by this chapter. The board may impose such conditions relating to the use provided for in the authorized special exceptions for which a permit is granted 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.

No provision of this section shall be construed as granting the board of zoning appeals the power to rezone property.

(Ord. of 3-27-89, § 15-202)

(a)

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 town affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this chapter. Such 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. Copies of the notice of appeal shall also be submitted to the secretary of the planning commission and to the individual, officer, department or agency involved in the appeal. The zoning administrator shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(b)

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 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.

(Ord. of 3-27-89, § 15-203)

Applications for variances from the terms of this chapter, for such special exceptions as may be authorized by this chapter and for interpretation of the official zoning district map may be made by any property owner, tenant, government official, department, board or bureau on forms provided for such purpose by the board of zoning appeals. Such applications shall be made to the zoning administrator in accordance with rules adopted by the board. The zoning administrator shall transmit all applications and accompanying maps and documents to the secretary of the board who shall place the matter on the docket of the board. The zoning administrator shall also 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.

(Ord. of 3-27-89, § 15-204)

(a)

The board 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 same within 90 days of the filing of the application or appeal. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from.

(b)

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 on any matter upon which it is required to pass under this chapter, or to effect any variance from the provisions of this chapter. The chairman of the board, or, in his or her absence, the acting chairman may administer oaths and compel the attendance of witnesses.

(Ord. of 3-27-89, § 15-205)

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 town 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, as provided in Code of Virginia, § 15.1-497.

(Ord. of 3-27-89, § 15-206)

A variance or special exception granted by the board of zoning appeals shall lapse and be of no effect if, after the expiration of one year from the date of such action by the board, no construction or change in use pursuant to such variance or special exception has taken place, provided that the board may, for good cause shown, specify a longer period of time in conjunction with its action to grant a variance or special exception.

(Ord. of 3-27-89, § 15-207)

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

(Ord. of 3-27-89, § 15-208)

Decisions of the board of zoning appeals 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 chapter.

(Ord. of 3-27-89, § 15-209)

A filing fee of $250.00 shall accompany each appeal to the board of zoning appeals and each application for a variance, special exception or interpretation of the official zoning district map.

(Ord. of 3-27-89, § 15-210; Ord. of 4-28-03(1))

(a)

Pursuant to Code of Virginia, § 15.2-2286.A.4., the zoning administrator may grant a modification from provisions contained in this chapter with respect to physical requirements on a lot or parcel of land, including but not limited to, size, height, location or features of, or related to, any building, structure or improvements upon finding in writing all of the following:

(1)

The strict application of the chapter would produce undue hardship;

(2)

Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and

(3)

The authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification.

(b)

Prior to the granting of a modification, the zoning administrator shall give all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice. Notice shall be sent by first class mail and an affidavit of such mailing shall be kept in the file.

(c)

The zoning administrator shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this paragraph.

(d)

The decision of the zoning administrator shall constitute a decision within the purview of Code of Virginia, § 15.2-2311, and may be appealed to the board of zoning appeals as provided by section 70-84.

(Ord. No. 04-12, 11-26-12)