A. 
A Board (hereafter called the "Board") consisting of five members shall be appointed by the Circuit Court. Members of the Board may receive such compensation as may be authorized by the governing body. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. Appointments for vacancies occurring otherwise than by expiration of term shall in all cases be for the unexpired term.
B. 
The term of office shall be for five years, except that of the first five members appointed, one shall serve for five years, one for four years, one for three years, one for two years and one for one year. One of the five appointed members may be an active member of the Commission.
C. 
Any member of the Board shall be disqualified to act upon a matter before the Board with respect to property in which the member has a legal interest.
D. 
The Board shall choose annually its own Chairperson and Vice Chairperson, who shall act in the absence of the Chairperson.
E. 
The nonlegal staff of the governing body may have ex parte communications with a member of the Board prior to the hearing but may not discuss the facts or law relative to a particular case. The applicant, landowner or his agent or attorney may have ex parte communications with a member of the Board prior to the hearing but may not discuss the facts or law relative to a particular case. If any ex parte discussion of facts or law in fact occurs, the party engaging in such communication shall inform the other party as soon as practicable and advise the other party of the substance of such communication. For purposes of this section, regardless of whether all parties participate, ex parte communications shall not include discussions as part of a public meeting or discussions prior to a public meeting to which staff of the governing body, the applicant, landowner or his agent or attorney are all invited.
[Added 7-9-2015]
F. 
Any materials relating to a particular case, including a staff recommendation or report furnished to a member of the board, shall be made available without cost to such applicant, appellant or other person aggrieved under Code of Virginia § 15.2-2314, as soon as practicable thereafter, but in no event more than three business days of providing such materials to a member of the board. If the applicant, appellant or other person aggrieved under Code of Virginia § 15.2-2314 requests additional documents or materials be provided by the locality other than those materials provided to the Board, such request shall be made pursuant to Code of Virginia § 2.2-3704. Any such materials furnished to a member of the board shall also be made available for public inspection pursuant to subsection F of Code of Virginia § 2.2-3707.
[Added 7-9-2015]
G. 
For the purposes of this section, “nonlegal staff of the governing body” means any staff who is not in the office of the attorney for the locality, or for the Board, or who is appointed by special law or pursuant to Code of Virginia § 15.2-1542. Nothing in this section shall preclude the Board from having ex parte communications with any attorney or staff of any attorney where such communication is protected by the attorney-client privilege or other similar privilege or protection of confidentiality.
[Added 7-9-2015]
The Board of Zoning Appeals shall have the following powers and duties:
A. 
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 thereto. The determination of the administrative officer shall be presumed to be correct. At a hearing on an appeal, the administrative officer shall explain the basis for his determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. The Board shall consider any applicable ordinances, laws, and regulations in making its decision. For purposes of this section, determination means any order, requirement, decision or determination made by an administrative officer. Any appeal of a determination to the Board shall be in compliance with this section, notwithstanding any other provision of law, general or special.
[Amended 7-9-2015]
B. 
Notwithstanding any other provision of law, general or special, to grant upon appeal or original application in specific cases, a variance, as defined in § 15.2-2201, 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 as defined in Code of Virginia § 15.2-2201 and the criteria set out in this section.
[Amended 7-9-2015]
(1) 
Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the article 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 article, and:
(a) 
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;
(b) 
The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area;
(c) 
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 article;
(d) 
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
(e) 
The relief or remedy sought by the variance application is not available through a special exception process that is authorized in the article pursuant to subsection 6 of Code of Virginia § 15.2-2309 or the process for modification of a zoning ordinance pursuant to subsection A4 of Code of Virginia § 15.2-2286 at the time of the filing of the variance application.
(2) 
No such variance shall be considered except after notice and hearing as required 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.
(3) 
In granting 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. 
To hear and decide appeals from the decision of the Zoning Administrator. No such appeal shall be heard except after notice and hearing as provided by § 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.
D. 
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 any such question, and after public hearing with notice as required by § 15.2-2204, 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. 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.
E. 
No provision of this section shall be construed as granting any board the power to rezone property.
F. 
To hear and decide applications for special exceptions as may be authorized in this chapter. The Board may impose such conditions relating to the use for which a permit is granted as it may deem necessary in the public interest, including limiting the duration of a permit, and may require a guaranty or bond to ensure that the conditions imposed are being and will continue to be complied with. No special exception may be granted except after notice and hearing as provided by § 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.
G. 
To revoke a special exception if the Board determines that there has not been compliance with the terms or conditions of the permit. No special exception may be revoked except after notice and hearing as provided by § 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.
A. 
The Board shall adopt such rules and regulations as it may consider necessary.
B. 
Meetings of the Board shall be held at the call of its Chairperson or at such times as a majority of the Board may determine.
C. 
The Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.
D. 
The Board 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 and shall be a public record.
E. 
All meetings of the Board shall be open to the public.
F. 
A quorum shall be at least three members, and the Board shall offer an equal amount of time in a hearing on the case to the applicant, appellant or other person aggravated under Code of Virginia, §15.2-2314, and the staff of the local governing body.
[Amended 7-9-2015]
G. 
A favorable vote of three members of the Board 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.
A. 
An appeal to the Board may be taken by any person aggrieved or by any office, department, board or bureau of the County or any municipality therein 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 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.
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.
C. 
In no event shall a written order, requirement, decision or determination made by the Zoning Administrator or other administrative officer be subject to change, modification or reversal by any Zoning Administrator or other administrative officer after 60 days have elapsed from the date of the written order, requirement, decision or determination, where the person aggrieved has materially changed his or her position in good-faith reliance on the action of the Zoning Administrator or other administrative officer, unless it is proven that such written order, requirement, decision or determination was obtained through malfeasance of the Zoning Administrator or other administrative officer or through fraud. The sixty-day limitation period shall not apply in any case where, with the concurrence of the Attorney for the governing body, modification is required to correct clerical or other nondiscretionary errors.
A. 
Appeals shall be mailed to the Board, c/o the Zoning Administrator, and a copy of the appeal mailed to the Secretary of the Commission. A third copy should be mailed to the individual official, department or agency concerned, if any.
B. 
Appeals requiring an advertised public hearing shall be accompanied by a certified check made payable to the Treasurer of Northumberland County in an amount as set forth in the Fee Schedule.[1]
[1]
Editor's Note: See Ch. 68, Fee Schedule.
The Board shall, within 60 days from the receipt of a completed application, fix a 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. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of an administrative officer or decide in favor of the applicant on any matter upon which it is required to pass under this chapter or effect any variance from this chapter. The Board 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 Chairperson of the Board or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.
A. 
Any person or persons jointly or severally aggrieved by any decision of the Board or any taxpayer or any officer, department, board or bureau of the County or any municipality therein may present to the Circuit Court 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 Circuit Court shall allow a writ of certiorari to review the decision of the Board and shall prescribe therein the time within which a return thereto must be made and served upon the realtor's attorney, which shall not be less than 10 days and may be extended by the Circuit Court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on the application, on notice to the Board and on due cause shown, grant a restraining order.
C. 
The Board 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 facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
D. 
The Circuit 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 Circuit Court that it acted in bad faith or with malice in making the decision appealed from.
F. 
In the event that the decision of the Board is affirmed and the court finds that the appeal was frivolous, the court may order the person or persons who requested the issuance of the writ of certiorari to pay the costs 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 may request that the court hear the matter on the question of whether the appeal was frivolous.