CHAPTER 261

An Act to amend and reenact § 15-870 of the Code of Virginia, relating
to powers of boards of zoning appeals; and to amend the Code of
Virginia by adding sections numbered 15-870.1 and 15-878.1, relating,
respectively, to effective dates of certain decisions of, and appeals
from, such boards.

[H 345)

Approved March 8, 1958

Be it enacted by the General Assembly of Virginia:

1. That § 15-870 of the Code of Virginia be amended and reenacted, and
that the Code of Virginia be amended by adding sections numbered
15-870.1 and 15-873.1 as follows:

§ 15-870. The board of zoning appeals shall have the following

owers :

(1) To hear and decide appeals when it is alleged there is error in
any order, requirement, decision or determination made by an administra-
tive official in the enforcement of this article or of any ordinance adopted
pursuant thereto.

(2) To hear and decide special exceptions to the terms of the ordi-
nance upon which such board is required to pass under such ordinance.

(8) To authorize upon appeal in specific cases such variance from the
terms of the ordinance as will not be contrary to the public interest, when,
owing to special conditions, a literal enforcement of the provisions of the
ordinance will result in unnecessary hardship, and so that the spirit of the
ordinance shall be observed and substantial justice done. .

(4) To hear and decide on the issuance and renewal of use permits
as permitted in local zoning ordinances.

§ 15-870.1. In any county having a density of population in excess
of two thousand per square mile, a decision of the board of zoning appeals
on the authorization of a variance or on the issuance or renewal of a use
permit shall become effective fifteen days after such decision has been
rendered by the board, provided that no appeal from such decision has been
taken under § 15-873.1.

§ 15-878.1. Notwithstanding the provisions of § 15-878, in any
county having a density of population in excess of two thousand a square
mile, any person or persons jointly or severally aggrieved by any decision
of the county board of zoning appeals or any taxpayer or county official
may, prior to appealing to the circuit court as provided in the preceding
section, present in the office of the clerk of the governing body of the
county within fifteen days from the time that such decision is rendered,
a petition setting forth the grounds on which he is or they are aggrieved;
at the next regular meeting the governing body of the county shall refer
such petition and the minutes of the board of zoning appeals in regard to
the decision appealed from, to the county planning commission for review
and recommendation as to whether or not the board of zoning appeals has
properly interpreted and applied the powers delegated to them by the
governing body, such recommendation to be presented within 80 days to
a regular meeting of the governing body. At this meeting the governing
body shall hear and determine the matter de novo.