§ 31-49. Powers of the 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, or determination made by an administrative officer in the administration or enforcement of this chapter or of any ordinance adopted pursuant thereto.

(b)

To authorize, upon appeal in specific cases, such 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 the provisions will result in unnecessary hardship; provided that the spirit of this 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 this chapter, or where, by reason of exceptional topographical 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 this 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 variations sought by applicants for purposes or reasons of special privilege, convenience, or profit, provided that all variances shall be in harmony with the intended spirit and purpose of this chapter.

(2)

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

a.

That the strict application of this 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 and subsection 31-52(c) herein.

(4)

No variance shall be authorized unless the board finds that the condition or situation of the property is not of so general or recurring a nature as to make reasonably practical the formulation of a general regulation to be adopted as an amendment to this chapter.

(5)

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.

(c)

To hear and decide applications for such special exceptions as may be authorized in this chapter.

(1)

The board may impose such conditions relating to the use for which a special exception is granted 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.

(2)

No such special exception may be granted except after notice and hearing as provided by section 15.1-431, Code of Virginia (1950), as amended.

(d)

To hear and decide appeals of the zoning administrator's interpretation of the zoning district map where there is an uncertainty regarding the location of a district boundary, as set forth in section 31-11 of this chapter. After notice to the owners of the property affected by any such question and after public hearing with notice as required by section 15.1-431, Code of Virginia (1950), as amended, the board may interpret the map in such a way as to carry out the intent and purpose of this chapter for the particular section or district in question, and in accordance with the guidelines set forth in section 31-33 of this chapter. The board shall not have the power:

(1)

To change substantially the locations of district boundaries as established by ordinance.

(2)

To rezone property.

(Ord. No. 11-1700-905, § 2, 5-24-11)

(Ord. No. 11-1700-905, § 2, 5-24-11)