The Board of Zoning Appeals is hereby established
which may be referred to in this chapter as the "Board of Zoning Appeals."
The Board shall have jurisdiction within the corporate limits of the
Town of Hillsville, and it shall consist of seven residents of the
town, appointed by the Circuit Court of the county. Members may be
reappointed to succeed themselves. Members of the Board shall hold
no other public office in the town except that one may be a member
of the Planning Commission.
The members of the Board shall serve for a five-year
term, except that original appointments shall be made for such terms
that the term of one member shall expire each year. The Secretary
of the Board shall notify the Court at least 30 days in advance of
the expiration of any term of office and shall also notify the Court
promptly if any vacancy occurs. Appointments to fill vacancies shall
be only for the unexpired portion of the term. A member whose term
expires shall continue to serve until his successor is appointed and
qualifies. Any Board member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by the Court which
appointed him, after a hearing held after at least 15 days' notice.
Within the limits of funds appropriated by the
Town Council, the Board may employ or contract for secretaries, clerks,
legal counsel, consultants and other technical and clerical services.
Members of the Board may receive such compensation as may be authorized
by the Town Council.
Pursuant to § 15.1-495, Code of Virginia
1950, as amended, the Board of Zoning Appeals shall have the power
to:
A.
Hear and decide appeals from any order, requirement,
decision or determination made by the Zoning Administrator or any
other administrative officer in carrying out the administration or
enforcement of this chapter.
C.
Hear and decide applications for interpretation of
the Official Zoning Map[1] where there is uncertainty as to the location of a district boundary and where the rules for interpretation of district boundaries set forth in § 171-31 of this chapter do not resolve such uncertainty, provided that the Board shall not have the power to change substantially the locations of district boundaries established by this chapter.
[1]
Editor's Note: The Zoning Map is on file and
available for inspection in the office of the Town Manager.
D.
Hear and decide applications for such special exceptions
as may be authorized elsewhere in this chapter.
The Board shall elect from its members its own
Chairman, Vice Chairman and Secretary who shall serve for one year
and may, upon election, serve succeeding terms.
An appeal shall stay all proceedings related
to the action appealed from unless the Zoning Administrator certifies
to the Board, after such notice of appeal shall have been filed, that
by reason of facts stated in the certificate such stay would cause
imminent threat to life or property. In such instance the proceedings
shall not be stayed otherwise than by a restraining order, which may
be granted by the Board or by a court of record on application and
on notice to the Zoning Administrator and for good cause shown.
The Board shall also adopt rules for the conduct
of its meetings. Such rules shall at the minimum require that:
A.
The presence of a majority of all members of the Board
shall constitute a quorum.
B.
No action shall be taken by the Board on any application
or appeal until it has conducted a public hearing after giving public
notice, including newspaper advertisements and written notices to
affected parties, as required by the provisions of § 15.1-431,
Code of Virginia 1950, as amended.
C.
Appeals to the Board 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 of the
appeal. The Zoning Administrator shall then transmit to the Board
all the papers constituting the record upon which the action was taken.
D.
The Board shall fix a reasonable time for hearing
the application or appeal, give public notice thereof as well as notify
interested parties and decide the same within 60 days.
E.
The Board may reverse or affirm, wholly or partly,
or may modify an order, requirement, decision or determination appealed
from. The concurring vote of four members 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.
F.
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 Chairman of the Board or, in his
absence, the Vice Chairman may administer oaths and compel the attendance
of witnesses.
G.
The Board may call upon any other office or agency
of the Town of Hillsville for information in the performance of its
duties, and it shall be the duty of such other agencies to render
the information to the Board as may be reasonably required.
H.
Any office, agency or department of the Town of Hillsville
or other aggrieved party may appeal any decision of the Board to the
Circuit Court of Carroll County as provided for in § 15.1-497,
Code of Virginia 1950 (as amended).
I.
In decisions on variance, the Board shall indicate
the specific section of this chapter under which the variance is being
considered and shall state its findings beyond such generalities as
"in the interest of public health, safety and general welfare." The
Board shall state clearly the specific conditions imposed in granting
the variance. For variance cases pertaining to hardship, the Board
shall specifically identify the hardship warranting such action by
the Board.
J.
At the public hearing of the case before the Board,
the appellant shall appear in his own behalf or be represented by
counsel or agent. The appellant's side of the case shall be heard
first and those in objection shall follow. To maintain orderly procedure,
each side shall proceed without interruption from the other.
K.
The Hillsville Planning Commission shall be permitted
to submit an advisory opinion on any matter before the Board, and
such opinion shall be made part of the record of the public hearing.
L.
The Board shall submit an annual report of its activities
to the Town Council, with a copy to the Planning Commission.
