The Board of Zoning Appeals shall have the following powers and duties:
(A) To hear and decide appeals from any order, requirement, decision or determination made by the Administrator in the administration or enforcement of this chapter;
(B) To authorize upon appeal in specific cases a variance from the terms of this chapter as will not be contrary to the public interest, when owing to special conditions a literal enforcement of these provisions will result in unnecessary hardship; provided that the spirit of this chapter shall be observed and substantial justice done as prescribed in VA Code, § 15.2-2309, as amended.
(1) No variance shall be authorized by the Board unless it finds:
(a) That the strict application of this chapter would produce undue hardship;
(b) That this hardship is not shared generally by other properties in the same zoning district and the same vicinity; and
(c) That the authorization of the 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.
(2) No such variance shall be authorized except after notice and hearing as required by VA Code, § 15.2-2204, as amended.
(3) 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 this chapter.
(4) In authorizing a variance the Board may impose any 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 guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.
(C) (1) To hear and decide appeals from the decision of the Zoning Administrator or applications for such special exceptions as may be authorized in this chapter. The Board may impose conditions relating to the use for which a permit is granted as it may deem necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.
(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. After notice to the owners of the property affected by any such question, and after public hearing with notice as required by VA Code, § 15.2-2204, as amended, the Board may interpret the map in a way as to carry out the intent and purpose of this chapter for the particular section or district in question. The Board shall not have the power, however, to rezone property or substantially to change the location of district boundaries as established by ordinance.
(1997 Code, § S9-10-2)
(Am. Ord. passed - - )