§ 14-14. Actions by the board of zoning appeals.  


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  • Within sixty (60) days after receipt of an application for variance, and after public notice as required by paragraph 15.1-431 of the Code of Virginia, the board of zoning appeals shall hold a public hearing on the requested variance.

    Within thirty (30) days after the required public hearing, the board of zoning appeals shall either approve or disapprove the variance. No variance shall be authorized by the board of zoning appeals unless it finds:

    (1)

    That the strict application of the ordinance would produce undue hardship;

    (2)

    That such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

    (3)

    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; and

    (4)

    That the condition or situation of the property concerned 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 of zoning appeals may impose such 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.