14-1
Board of Zoning Appeals, membership and organization.
14-1-1
A board consisting of five (5) members and one alternate shall be appointed by the
Nelson County Circuit Court. Members of the board of zoning appeals may receive such
compensation as may be authorized by the governing body. Appointments for vacancies
occurring otherwise than by expiration of term shall in all cases be for the unexpired
term.
14-1-2
The term of office shall be for five (5) years, except that of the first five (5)
members appointed, one shall serve for five (5) years, one for four (4) years, one
for three (3) years, one for two (2) years, and one for one (1) year. One (1) of the
five (5) appointed members shall be an active member of the planning commission.
14-1-3
Members may be removed for cause by the appointing authority upon written charges
and after a public hearing.
14-1-4
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 an interest.
14-1-5
The board shall choose annually its own chairman and vice-chairman who shall act in
the absence of the chairman.
(Ord. No. O2009-11, § 1, 9-8-09)
14-2
Powers and duties of Board of Zoning Appeals.
The Board of Zoning Appeals shall have the following powers and duties:
14-2-1
To hear and decide applications for Special Use Permits where authorized in this ordinance.
14-2-1a
To hear and decide applications for Special Use Permits to erect an accessory building
prior to the construction of the primary building on the same lot or parcel.
14-2-2
To hear and decide appeals from any order, requirement, decision, or determination
made by an administrative officer in the administration or enforcement of this article
or of any ordinance adopted pursuant thereto.
14-2-3
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 properties affected by any such question, and after public hearing with
notice as required by Section 15.2-2204 of the Code of Virginia, 1950, as amended,
the board may interpret the map in such way as to carry out the intent and purpose
of the ordinance for the particular district in question.
14-2-4
To authorize upon appeal in specific cases such variance from the terms of the ordinance
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 ordinance shall be observed and substantial justice done, as
follows:
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 ordinance, or where by
reason of exceptional topographic conditions or other extraordinary situation or condition
of such piece of property, or of the use or development of property immediately adjacent
thereto, the strict application of the terms of the ordinance 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, 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 ordinance.
No such variance shall be authorized by the board unless it finds:
(a)
That the strict application of the ordinance 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;
(d)
That no rise will be created in the water level during flood conditions in a floodway,
as defined in Article 10, as a result of issuing a variance.
No such variance shall be authorized except after notice and hearing as required by
the Code of Virginia, 1950, as amended.
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 ordinance.
In authorizing a variance the board may impose such conditions regarding the location,
character, and other features of the proposed structure for use as it may deem necessary
in the public interest, and may require a guarantee or bond to insure that the conditions
imposed are being and will continue to be complied with. Notwithstanding any other
provision of law, the property upon which a property owner has been granted a variance
shall be treated as conforming for all purposes under this ordinance; however, the
use or the structure permitted by the variance may not be expanded. (The Code of Virginia,
[1950], as amended.)
(Ord. No. O2007-003, 5-21-07; Ord. No. O2009-09, § 1, 9-8-09; Ord. No. O2010-06, §
1, 7-13-10)
14-3
Rules and regulations.
14-3-1
The Board of Zoning Appeals shall adopt such rules and regulations as it may consider
necessary.
14-3-2
The meeting of the board shall be held at the call of its chairman or at such times
as a quorum of the board may determine.
14-3-3
The chairman, or in his absence, the acting chairman, may administer oaths and compel
the attendance of witnesses.
14-3-4
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. The board shall submit
an annual report of its activities to the governing body.
14-3-5
All meetings of the board shall be open to the public.
14-3-6
A quorum shall be at least three (3) members.
14-3-7
A favorable vote of three (3) 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.
14-4
Appeal to the Board of Zoning Appeals.
An appeal to the board may be taken by any person aggrieved or by any officer, department,
board, or bureau of the county or municipality affected by any decision of the Zoning
Administrator. Such appeal shall be taken within thirty (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. 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 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.
14-5
Procedures on appeal or application to the Board of Zoning Appeals.
14-5-1
Appeals shall be mailed to the Board of Zoning Appeals c/o the Zoning Administrator,
and a copy of the appeal mailed to the secretary of the Planning Commission. A third
copy should be mailed to the individual, official, department, or agency concerned,
if any.
14-5-2
Appeals requiring an advertised public hearing shall be accompanied by a certified
check for the required filing fee payable to the Treasurer for deposit in the general
fund.
APPENDIX A—ZONING
FEES SCHEDULE FOR APPLICATIONS
1.
Special use permit: An application permit fee of two hundred dollars ($200.00).
2.
Rezoning: An application permit fee of three hundred dollars ($300.00).
3.
Variance: An application permit fee of one hundred fifty dollars ($150.00).
4.
Appeal: An application permit fee of one hundred fifty dollars ($150.00).
14-5-3
The board shall give a reasonable time for the hearing of an appeal or application,
give public notice as required by Section 15.1-431 [15.2-2204] of the Code of Virginia,
as well as give due notice to the parties in interest, and decide the same within
sixty (60) days.
14-5-4
In exercising its powers the board may reverse or affirm, wholly or partly, or may
modify the order, requirement, decision, or determination appealed from.
(Ord. No. O2014-02, 2-11-14)
14-6
Decision of Board of Zoning Appeals.
14-6-1
Any person or persons jointly or severally aggrieved by any decision of the Board
of Zoning Appeals, or any taxpayer or any officer, department, board, or bureau of
the county or municipality, may present to the circuit court of the county a petition
specifying the grounds on which aggrieved within thirty (30) days after the filing
of the decision in the office of the board.
14-6-2
Upon the presentation of such petition, the court shall allow a writ of certiorari
to review the decision of the Board of Zoning Appeals and shall prescribe therein
the time within which a return thereto must be made and served upon the relator's
attorney, which shall not be less than ten (10) days and may not be extended by the
court. The allowance of the writ shall not stay proceedings upon the decision appealed
from, but the court may, on application, on notice to the board and on due cause shown,
grant a restraining order.
14-6-3
The Board of Zoning Appeals 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 other facts as may be pertinent and material to show the grounds of
the decision appealed from and shall be verified.
14-6-4
If, upon the hearing, it shall appear to the court that testimony is necessary for
the proper disposition of the matter, it may take evidence or appoint a commissioner
to take such evidence as it may direct and report the same to the court with his findings
of fact and conclusions of law, which shall constitute a part of the proceedings upon
which the determination of the court shall be made. The court may reverse or affirm,
wholly or partly, or may modify the decision brought up for review.
14-6-5
Costs shall not be allowed against the board, unless it shall appear to the court
that it acted in bad faith or with malice in making the decision appealed from.
