§ 8.05. Board of zoning appeals.

There shall be a board of zoning appeals consisting of seven residents of the City of Bristol, Virginia, appointed by the circuit court of the city for a term of five years each. No appointee shall be appointed for more than two successive terms. Nothing in the adoption of this charter shall affect the term of any current member of the board of zoning appeals and each shall serve out the remainder of his present term. The secretary of the board shall notify the court at least thirty days in advance of the expiration of any term of office and shall also notify the court promptly if any vacancy occurs. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the board shall hold no other public office in the municipality except that one may be a member of the local planning commission. A member whose term expires shall continue to serve until his successor is appointed and qualifies.

The procedures and functions of the board of zoning appeals shall be in accordance with state law and the ordinances of the City of Bristol, Virginia as the same may be from time to time amended.

The board of zoning appeals shall have the following powers and duties:

1.

To hear and decide appeals from any order, requirement, decision or determination made by an administrative officer in the administration or enforcement of the zoning ordinances of the City of Bristol, Virginia;

2.

To authorize upon appeal or original application in specific cases such variances as are permitted by state law from the terms of the city zoning ordinance. Such variances shall not be contrary to the public interest. A variance may be granted when, owing to special conditions, literal enforcement of the provisions will result in unnecessary hardship; provided that the spirit of the ordinance shall be observed and substantial justice done and as the provisions of Code of Virginia, § 15.1-495 or its successors, may provide;

3.

To hear and decide applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary, in accordance with Code of Virginia, § 15.1-495(d) [15.1-495(4)] or its successor; and

4.

To hear and decide applications for such special exceptions as may be authorized by the zoning ordinance in accordance with state and local law.

No provision of this section shall be construed to grant the board of zoning appeals any power to rezone property.