A.
The Board of Zoning Appeals is established to perform
those duties as set forth in Title 15.2, Chapter 22, Article 7, Zoning,
§§ 15.2-2308 through 15.2-2312, Code of Virginia, and
those duties as set forth in the provisions of this chapter.
[Amended 10-21-2008]
B.
The official title of the Board shall be the "Board
of Zoning Appeals of Warren County" and such body shall also be known
by the abbreviation "BZA."
The Board of Zoning Appeals shall consist of
five members appointed by the Circuit Court of Warren County. One
member of the BZA should be a member of the Planning Commission. Terms
of office of Board members shall be five years, except that initially
one member shall be appointed for five years, one for four years,
one for three years, one for two years and one for one year. Members
may be reappointed. Vacancies occurring shall be filled by appointment
by the Circuit Court for the unexpired portion of the term involved.
Any member of the BZA shall be disqualified from acting on any matter
before the BZA in which such member or a member of his immediate family
has a financial interest. Members of the BZA shall be removable for
cause upon written charges after a public hearing by the Circuit Court.
The Board of Zoning Appeals shall have the following
powers and duties:
A.
Hear and decide appeals from any order, requirement,
decision or interpretation made by the Zoning Administrator or his
agent in the administration or enforcement of this chapter.
B.
Render decisions on specific requests for variance
from the terms of this chapter which are not contrary to the public
interest and when a literal enforcement of the provisions of this
chapter would result in unnecessary hardship, provided that the spirit
of this chapter is observed.
C.
Hear and decide all other matters referred to it and
upon which it is required to act by this chapter.
D.
Make, alter and rescind rules and forms for its procedures
consistent with this chapter of the County and the laws of the state.
E.
Prescribe procedures for the conduct of required public
hearings.
F.
Employ or contract for secretaries, clerks, legal
counsel, consultants and other technical and clerical services within
the limits of funds appropriated by the Board of Supervisors.
The BZA shall choose its Chairman and Vice Chairman
annually and shall adopt such rules and regulations, consistent with
this chapter, necessary to govern the conduct of its business. Meetings
of the BZA, held at the call of the Chairman or at such times as the
BZA itself shall determine, shall be open to the public. The BZA's
minutes shall be available for public inspection in the BZA's office
during normal business hours and shall show the vote of each member
on all questions considered. The BZA may hold a work or study session,
but no official action shall be taken at such meetings. Three members
present at a meeting shall constitute a quorum and all decisions shall
be by majority vote, except that the favorable vote of at least three
members shall be required to approve any variance permit or reverse
any prior decision of the BZA or any order, requirement, decision
or determination of the administrator. The BZA shall render an annual
report of its activities to the governing body as of the close of
each calendar year.
[Amended 10-21-2008]
All decisions and findings of the BZA shall
be final but subject to judicial review in the manner provided by
Title 15.2, Chapter 22, Article 7, Zoning, Code of Virginia as amended.
