2006 Code of Virginia § 15.2-2309 - Powers and duties of boards of zoning appeals

15.2-2309. Powers and duties of boards of zoning appeals.

Boards of zoning appeals shall have the following powers and duties:

1. To hear and decide appeals from any order, requirement, decision ordetermination made by an administrative officer in the administration orenforcement of this article or of any ordinance adopted pursuant thereto. Thedecision on such appeal shall be based on the board's judgment of whether theadministrative officer was correct. The board shall consider the purpose andintent of any applicable ordinances, laws and regulations in making itsdecision.

2. To authorize upon appeal or original application in specific cases suchvariance as defined in 15.2-2201 from the terms of the ordinance as willnot be contrary to the public interest, when, owing to special conditions aliteral enforcement of the provisions will result in unnecessary hardship;provided that the spirit of the ordinance shall be observed and substantialjustice done, as follows:

When a property owner can show that his property was acquired in good faithand where by reason of the exceptional narrowness, shallowness, size or shapeof a specific piece of property at the time of the effective date of theordinance, or where by reason of exceptional topographic conditions or otherextraordinary situation or condition of the piece of property, or of thecondition, situation, or development of property immediately adjacentthereto, the strict application of the terms of the ordinance wouldeffectively prohibit or unreasonably restrict the utilization of the propertyor where the board is satisfied, upon the evidence heard by it, that thegranting of the variance will alleviate a clearly demonstrable hardshipapproaching confiscation, as distinguished from a special privilege orconvenience sought by the applicant, provided that all variances shall be inharmony with the intended spirit and purpose of the ordinance.

No such variance shall be authorized by the board unless it finds:

a. That the strict application of the ordinance would produce undue hardshiprelating to the property;

b. That the hardship is not shared generally by other properties in the samezoning district and the same vicinity; and

c. That the authorization of the variance will not be of substantialdetriment to adjacent property and that the character of the district willnot be changed by the granting of the variance.

No variance shall be authorized except after notice and hearing as requiredby 15.2-2204. However, when giving any required notice to the owners, theiragents or the occupants of abutting property and property immediately acrossthe street or road from the property affected, the board may give such noticeby first-class mail rather than by registered or certified mail.

No variance shall be authorized unless the board finds that the condition orsituation of the property concerned is not of so general or recurring anature as to make reasonably practicable the formulation of a generalregulation to be adopted as an amendment to the ordinance.

In authorizing a variance the board may impose such conditions regarding thelocation, character and other features of the proposed structure or use as itmay deem necessary in the public interest, and may require a guarantee orbond to ensure that the conditions imposed are being and will continue to becomplied with. Notwithstanding any other provision of law, the property uponwhich a property owner has been granted a variance shall be treated asconforming for all purposes under state law and local ordinance; however, theuse or the structure permitted by the variance may not be expanded.

3. To hear and decide appeals from the decision of the zoning administratorafter notice and hearing as provided by 15.2-2204. However, when giving anyrequired notice to the owners, their agents or the occupants of abuttingproperty and property immediately across the street or road from the propertyaffected, the board may give such notice by first-class mail rather than byregistered or certified mail.

4. To hear and decide applications for interpretation of the district mapwhere there is any uncertainty as to the location of a district boundary.After notice to the owners of the property affected by the question, andafter public hearing with notice as required by 15.2-2204, the board mayinterpret the map in such way as to carry out the intent and purpose of theordinance for the particular section or district in question. However, whengiving any required notice to the owners, their agents or the occupants ofabutting property and property immediately across the street or road from theproperty affected, the board may give such notice by first-class mail ratherthan by registered or certified mail. The board shall not have the power tochange substantially the locations of district boundaries as established byordinance.

5. No provision of this section shall be construed as granting any board thepower to rezone property or to base board decisions on the merits of thepurpose and intent of local ordinances duly adopted by the governing body.

6. To hear and decide applications for special exceptions as may beauthorized in the ordinance. The board may impose such conditions relating tothe use for which a permit is granted as it may deem necessary in the publicinterest, including limiting the duration of a permit, and may require aguarantee or bond to ensure that the conditions imposed are being and willcontinue to be complied with.

No special exception may be granted except after notice and hearing asprovided by 15.2-2204. However, when giving any required notice to theowners, their agents or the occupants of abutting property and propertyimmediately across the street or road from the property affected, the boardmay give such notice by first-class mail rather than by registered orcertified mail.

7. To revoke a special exception previously granted by the board of zoningappeals if the board determines that there has not been compliance with theterms or conditions of the permit. No special exception may be revoked exceptafter notice and hearing as provided by 15.2-2204. However, when giving anyrequired notice to the owners, their agents or the occupants of abuttingproperty and property immediately across the street or road from the propertyaffected, the board may give such notice by first-class mail rather than byregistered or certified mail. If a governing body reserves unto itself theright to issue special exceptions pursuant to 15.2-2286, and, if thegoverning body determines that there has not been compliance with the termsand conditions of the permit, then it may also revoke special exceptions inthe manner provided by this subdivision.

8. The board by resolution may fix a schedule of regular meetings, and mayalso fix the day or days to which any meeting shall be continued if thechairman, or vice-chairman if the chairman is unable to act, finds anddeclares that weather or other conditions are such that it is hazardous formembers to attend the meeting. Such finding shall be communicated to themembers and the press as promptly as possible. All hearings and other matterspreviously advertised for such meeting in accordance with 15.2-2312 shallbe conducted at the continued meeting and no further advertisement isrequired.

(Code 1950, 15-831, 15-850, 15-968.9; 1950, p. 176; 1962, c. 407, 15.1-495; 1964, c. 535; 1972, c. 695; 1975, cc. 521, 641; 1987, c. 8; 1991,c. 513; 1996, c. 555; 1997, c. 587; 2000, c. 1050; 2002, c. 546; 2003, c.403; 2006, c. 264.)