A.
There shall be a Town of Mineral Board of Zoning Appeals
consisting of five members appointed in accordance with the provisions
of § 15.2-2308, Code of Virginia, as amended. One member
of the Board shall be an active member of the Planning Commission
of the Town of Mineral, Virginia.
B.
The Board shall elect from its own membership its
officers who shall serve such terms and keep such records as provided
for in § 15.2-2308, Code of Virginia, as amended.
The Board of Zoning Appeals shall have the powers
and duties provided for in § 15.2-2309, Code of Virginia,
as amended. In accordance with the referenced section it shall have
the power and it shall be its duty to:
A.
Hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made
by the Zoning Administrator.
B.
Grant variances in the regulations when a property
owner can show that his property was acquired in good faith and where
by reason of the exceptional narrowness, shallowness, or shape of
a specific piece of property at the time of the effective date of
this chapter or where by reason of the exceptional topographical conditions
or other extraordinary or exceptional situation the strict application
of the terms of this chapter would actually 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 variation
will alleviate a clearly demonstrable hardship approaching confiscation
as distinguished from a special privilege or convenience sought by
the owner.
A.
An appeal to the Board of Zoning Appeals may be made
by any party aggrieved by any decision of the Zoning Administrator.
Such appeal shall be made in accordance with the procedure called
for in § 15.2-2312, Code of Virginia, as amended.
B.
The Board shall fix a time for hearing such appeals
after giving public notice in accordance with § 15.2-2204,
Code of Virginia, as amended.
C.
The Board may reverse or affirm or may modify the
order or requirement appealed from.
D.
The concurring vote of 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 this chapter.
E.
Any variance or other change made by any ruling of
the Board of Zoning Appeals or any other body having control or supervision
of the provision of this chapter shall be subject to such conditional
use permit providing conditions for such use as may be established
by the Town Council.
[Added 9-12-1988]
