1991 Ordinances - Laserfiche WebLink

Home Browse Search

ARTICLE XVI. BOARD OF ZONING APPEALS Sec. 40-191. Establishment and membership. A board of zoning appeals is hereby established. The board shall consist of five (5) members. The word "board" when used in this article shall be construed to mean the board of zoning appeals. The terms of office and the qualifications of the members of the board, the manner of their appointment and the organization of the board shall be as provided in the Code of Virginia. The board may elect from its members one chairman and one vice-chairman. The chairman shall preside at all meetings of the board. The vice-chairman shall preside in the absence of the chairman. The board shall appoint a qualified secretary, who may be a member of the board, together with such other subordinates as may be needed for the conducting of board work. See. 40-192. Meetings. The board meetings shall be held at the call of the chairman, and at such other times as the board may determine. The chairman, or the acting chairman, may administer oaths and compel the attendance of witnesses. AH board hearings shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shah be immediately filed in the office of the board and shall be a public record.~ Tke board shall submit a report of its activities to the city council at least once each year. The office of the board shall be maintained in the space assigned to it by the city manager. The board shall give written notice three (3) days in advance of its public hearings to the building official and the planning director, including therewith the agenda of all such meetings. Sec. 40-193. Powers and duties. The board shah have the authority and the duties as are granted to it by the Code of Virginia, the city council and this Chapter. These powers and duties include but are not limited To: (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 or original application in specific cases such variance from the terms of the zoning 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 is more fully set forth and upon the terms and conditions expressed in Section 40-195 of this Code. (c) To hear and decide appeals from the decision of the zoning administrator 133