A Board of Zoning Appeals shall be appointed
by the Circuit Court according to the requirements and provisions
of the Code of Virginia. The Board of Zoning Appeals shall organize
and conduct itself according to all requirements of the Code of Virginia.
The Board of Zoning Appeals shall consist of five members appointed
for five-year terms.
A.
Administrative appeals. The Board of Zoning Appeals
shall hear and decide appeals from any order, requirement, decision
or determination made by the Zoning Administrator, Director of Planning
and Development or other administrative officer with authority to
administer or enforce the requirements of this chapter. The determination
of the Zoning Administrator shall be presumed to be correct. At a
hearing, the Zoning Administrator shall explain the basis for their
determination, after which the appellant has the burden of proof to
rebut such presumption of correctness by a preponderance of the evidence.
The Board of Zoning Appeals shall consider any applicable ordinances,
laws and regulations in making its decision.
[Amended 11-12-2015]
(1)
Procedures. An appeal to the Board of Zoning
Appeals may be taken by any person, department, board, County or municipality
aggrieved or affected by any decision of the Zoning Administrator.
Such appeal shall be taken within 30 days after the decision by filing
with the Zoning Administrator and Board of Zoning Appeals a notice
of appeal specifying the grounds thereof. The Zoning Administrator
shall 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 unless the Zoning
Administrator certifies to the Board 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.
(2)
The Board shall fix a reasonable time for the
hearing of an application or appeal and shall give public notice thereof
as well as due notice to the parties in interest. It shall decide
the appeal within 60 days. The Board may reverse or affirm wholly
or partly or may modify an order, requirement, decision or determination
appealed according to the procedures described in the Code of Virginia.
B.
Map interpretations. The Board of Zoning Appeals shall
hear and decide applications for the interpretation of the Zoning
District Map after notice to the owners of the property affected and
after a public hearing held according to the requirements of the Code
of Virginia. The Board shall interpret the map in such a way as to
carry out the intent and purpose of this chapter for the particular
district in question. The Board shall not have the power to change
substantially the locations of district boundaries as established
by this chapter. The Board shall not have power to rezone property.
C.
Variances. The Board of Zoning Appeals shall hear and decide applications
for variances from specific terms or requirements of this chapter
in specific cases. Variances shall only be granted by the Board in
the following cases:
[Amended 8-12-1992; 11-12-2015]
(1)
The burden of proof shall be on the applicant for a variance
to prove by a preponderance of the evidence that its application meets
the standard for a variance as defined.
(2)
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:
(a)
The property interest for which the variance is
being requested was acquired in good faith;
(b)
Any hardship was not created by the applicant for
the variance;
(c)
The granting of the variance will not be of substantial
detriment to adjacent property and nearby properties in the proximity
of that geographical area;
(d)
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;
(e)
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
(f)
The relief or remedy sought by the variance application
is not available through a conditional use permit process or the process
for modification of a Zoning Ordinance.
(3)
No variance shall be granted for any proposed use, development
or activity in the Floodway District that will cause any increase
in flood levels during the one-hundred-year flood.
(4)
When considering a variance application located within the floodplain districts, additional factors contained in Article VII, § 165-702.18, must be followed.
D.
Procedures. Applications for variances shall be made
to the Zoning Administrator in accordance with rules adopted by the
Zoning Administrator. Plans, maps and other application materials
shall be provided by the applicant as required. Variances shall be
promptly transmitted to the Board of Zoning Appeals for public hearing.
No variance shall be granted until after notice and a public hearing
is held according to the requirements of the Code of Virginia. Applications
for variances shall be accompanied by a nonrefundable fee in an amount
as set by resolution of the Board of Supervisors from time to time.
[Amended 12-9-1992; 11-12-2015]
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APPEALS AND VARIANCES
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E.
Conditions. In granting a variance, the Board of Zoning
Appeals 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 guaranty or bond
to ensure that the conditions imposed are being and will continue
to be complied with.
F.
Decisions of the Board of Zoning Appeals may be appealed
to the Circuit Court according to procedures set forth in the Code
of Virginia.
