[Amended 3-21-2019 by Ord. No. 2019-04]
A. 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 of
any ordinance adopted pursuant hereto.
(2)
To authorize upon appeal in specific
cases such variance from the terms of this chapter provided that the
burden of proof shall be on the applicant for a variance to prove
by a preponderance of the evidence that his application meets the
standard for a variance and the criteria set out in this section.
(a)
A variance shall be granted if the
evidence shows that the strict application of the terms of the ordinance
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, and:
[1] The property interest
for which the variance is being requested was acquired in good faith
and any hardship was not created by the applicant for the variance;
[2] The granting of the
variance will not be of substantial detriment to adjacent property
and nearby properties in the proximity of that geographical area;
[3] 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 the ordinance;
[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
exception process that is authorized in the ordinance pursuant to
Subdivision 6 of § 15.2-2309 of the Code of Virginia or the process
for modification of a zoning ordinance pursuant to Subdivision A4
of § 15.2-2286 of the Code of Virginia at the time of the filing
of the variance application.
(b)
A variance shall be authorized only
after a hearing, advertised according to Code of Virginia § 15.2-2204,
shall have been held.
B. 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.
C. In exercising its powers, the Board may,
in conformity with the provisions of this chapter, reverse or affirm,
wholly or partly, or modify the order, requirement, decision or determination
appealed from and may make such order, requirement, decision or determination
as ought to be made and, to that end, shall have all the powers of
the Zoning Administrator.
D. To hear and decide appeals from the decision
of the Zoning Administrator after notice and hearing as provided by
Code of Virginia § 15.2-2204. 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.
E. 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.
F. No provision of this section shall be construed
as granting any board the power to rezone property or to base board
decisions on the merits of the purpose and intent of local ordinances
duly adopted by the governing body.
G. The Board by resolution may fix a schedule
of regular meetings, and may also fix the day or days to which any
meeting shall be continued if the Chairman, or Vice-Chairman if the
Chairman is unable to act, finds and declares that weather or other
conditions are such that it is hazardous for members to attend the
meeting. Such finding shall be communicated to the members and the
press as promptly as possible. All hearings and other matters previously
advertised for such meeting in accordance with Code of Virginia §
15.2-2312 shall be conducted at the continued meeting and no further
advertisement is required.