§ 13-6. Duties of the board of zoning appeals.  


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  • In exercising its duties, the board of zoning appeals may, as long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination as ought to be made. For the purpose of this ordinance, the board of zoning appeals has the following specific responsibilities:

    (1)

    To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of this ordinance.

    (2)

    To authorize upon appeal or original application in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this ordinance will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done; following the provisions of section 14-12 et seq.

    (3)

    To hear and decide upon applications for such special exceptions as may be authorized in the official schedule of district regulations. The board may interpret the map in such way as to carry out the intent of this ordinance as it deems necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed are complied with. No special exception may be granted except after notice and public hearing as provided in section 15.1-431 of the Code of Virginia.

    (4)

    To hear and decide applications for interpretation of the district map where there is an uncertainty as to the location of a district boundary. After notice to the owners of the property affected and all property owners within five hundred (500) feet of the affected property, by such question, and after public hearing with notice as required by section 15.1-431 of the Code of Virginia, the board may interpret the map in such way as to carry out the intent and purpose of the ordinance for the particular section or district in question. The board shall not have the power to change substantially the locations of district boundaries as established by ordinance.

    (5)

    No provision of section 15.1-495 of the Code of Virginia shall be construed as granting the board the power to rezone property.

    (6)

    To hear and decide appeals from the decision of the zoning administrator. However, no such appeal shall be heard except after notice and hearing as provided by section 15.1-431 of the Code of Virginia.