CHAPTER 535

An Act to amend and reenact § 15.1-495 of the Code of Virginia, relating
to powers and duties of boards of zoning appeals. rH 578]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
1. That § 15.1-495 of the Code of Virginia be amended and reenacted

ollows:

§ 15.1-495. Boards of zoning appeals shall have the following powers
and duties.

(a) To hear and decide appeals from any order, requirement, de-
cision or determination made by an administrative officer in the ini
aoa or enforcement of this article or of any ordinance adopted pursuant

ereto;

(b) 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 will
result in unnecessary hardship; provided that the spirit of the ordinance
shall be observed and substantial justice done, as follows:

When a property owner can show that his property was acquired in
good faith and where by reason of the exceptional narrowness, shal-
lowness, size or shape of a specific piece of property at the time of the
effective date of the ordinance, or where by reason of exceptional topo-
graphic conditions or other extraordinary situation or condition of such
piece of property, or of the use or development of property immediately ad-
jacent thereto, the strict application of the terms of the ordinance 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 approach-
ing confiscation, as distinguished from a special privilege or convenience
sought by the applicant, provided that all variances shall be in harmony
with the intended spirit and purpose of the ordinance.

No such variance shall be authorized by the board 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.

No such variance shall be authorized except after notice and hearing
as required by * § 15.1-431.

No variance shall be authorized unless the board finds that the con-
dition or situation of the property concerned or the intended use of the
property 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 may impose such conditions re-
garding 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 insure that the conditions imposed
are being and will continue to be complied with.

(c) To hear and decide appeals from the decision of the zoning ad-
ministrator * or applications for such special exceptions as may be author-
ized in the ordinance. The board may impose such conditions relating to
the use for which a permit is granted as it may deem necessary in the
public interest and may require a guarantee or bond to insure that the con-
ditions imposed are being and will continue to be complied with.

No such special exception may be granted except after notice and
hearing as provided by * § 15.1-431.

(d) To hear and decide applications for interpretation of the district
map where there is any uncertainty as to the location of a district boundary.
After notice to the owners of the property affected by any such question,
and after public hearing with notice as required by * § 15.1-431, 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, however, to rezone property or substantially
to change the locations of district boundaries as established by ordinance.