Section 175-139 POWERS OF BOARD OF ZONING APPEALS.
The Board of Zoning Appeals shall have the following powers and duties:
A. To hear and decide appeals from any order, requirement, decision and determination made by an administrative officer in the administration or enforcement of this chapter.
B. To authorize, upon appeal in specific cases, such variance from the terms of the chapter as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions will result in unnecessary hardship, provided that the spirit of the chapter shall be observed and substantial justice done, as follows:
1. When a property owner can show that his property was acquired in good faith and where, by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of the chapter, or where, by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, or of the condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of the chapter would effectively prohibit or unreasonably restrict the use of the property, or where the Board is satisfied, upon the evidence heard by it, that the granting of such variance will alleviate a clearly demonstrable hardship approaching confiscation, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of the chapter.
(Ord. No. Z-11-00Amended “1” 9-25-00-Effective Upon Passage)
2. No such variance shall be authorized by the Board, unless it finds:
a. That the strict application of the chapter would produce undue hardship.
b. That such hardship is not shared generally by other properties in the same zoning district and the same vicinity.
c. That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance.
3. No such variance shall be authorized except after notice and hearing as required by Section 15. 2-2204 of the Code of Virginia, as amended.
(Ord. No. Z-11-00Amended Virginia Code References 9-25-00-Effective Upon Passage)
4. No variance shall be authorized unless the Board finds that the condition or situation of the property concerned or the intended use of the property 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 chapter.
5. In authorizing 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 guaranty or bond to insure that the conditions imposed are being and will continue to be complied with.
6. In the event that a variance is not granted, the same variance application, or a variance application that is substantially the same, may not be submitted to the Board for consideration for a period of one (1) year from the date on which the variance request was denied.
(Ord. No. Z-10-89 Added “6” 11-13-89-Effective Upon Passage)
C. To hear and decide appeals from the decision of the Zoning Administrator.
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. Public hearings after appropriate notice must be held prior to such adjustments. 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 the power to rezone property.