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AN ORDINANCE AMENDING AND REORDAINING SECTION 34-100 OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, RELATING TO APPEALS TO THE BOARD OF ZONING APPEALS. BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, that Section 34-100 of Article III of Chapter 34 of the Code of the City of Charlottesville, 1990, as amended, is hereby amended and reordained as follows: Sec. 34-100. General powers. (a) The board of zoning appeals, in appropriate cases and subject to appropriate conditions and safeguards, shall have the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter. (2) To hear and decide only such special exceptions as the board of zoning appeals is specifically authorized to pass on by the terms of section 34-108; to decide such questions as are • involved in determining whether such special exceptions should be granted; and to grant such special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny such special exceptions when not in harmony with the purpose and intent of this chapter and section 34-108. (3) To grant, upon appeal or original application in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship; provided, that such variance shall only be granted if the appeal is in harmony with the purposes of and intent of this chapter and section 34-109. Variances relating to FP District properties shall be subject to the additional special criteria set forth in section 34-542. (4) To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the district map made a part of this chapter. These interpretations shall be in harmony with the purposes and intent of this chapter. (b) The board of zoning appeals shall have the authority to interpret district boundaries subject to provisions set forth in section 34-16 and to resolve disputes as to location of FP District boundaries as provided by section 34-534. • Approved by Council June 15, 1992 rk of City Council -7-27