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SECTION 33-64. APPEALS: APPEALS TO THE BOARD OF ZONING APPEALS MAY BE TAKEN BY ANY PERSON AGGRIEVED OR BY ANY OFFICER; DEPARTMENTp BOARD OR BUREAU OF THE CITY OF CHARLOTTESVILLE AFFECTED BY ANY DECISION 110 OF THE BUILDING OFFICIAL IN THE ENFORCEMENT OF THIS ORDINANCE. SUCH APPEAL SHALL BE FILED WITH THE SECRETARY OF THE BOARD OF ZONING APPEALS WITHIN TWENTY-ONE (21) DAYS FROM THE DATE OF THE DECISIONp OR N ORDER OF THE BUILDING OFFICIAL CAUSING THE GRIEVANCE AND SHALL BE FILED AT LEAST SIX (6) DAYS PRIOR TO W THE MEETING AT WHICH IT IS TO BE HEARD. THE BUILDING OFFICIAL SHALL FORTHWITH TRANSMIT TO THE BOARD ALL OF THE PAPERS CONSTITUTING THE RECORD UPON WHICH THE ACTION APPEALED FROM WAS TAKEN. EACH APPEAL Q SHALL BE ACCOMPANIED BY A FEE OF TWENTY-FIVE ($25.00) DOLLARS TO DEFRAY THE COST OF PROCESSING SUCH APPEALp SAID FEE TO BE PAID TO THE DIRECTOR OF FINANCE. SECTION 33-65. STAY OF PROCEEDINGS: AN APPEAL STAYS ALL PROCEEDINGS IN FURTHERANCE OF THE ACTION APPEALED FROM UNLESS THE UILDING FFICIAL CERTIFIES TO THE BOARD OF ZONING APPEALS AFTER THE NOTICE OF APPEAL SHALL HAVE BEEN FILED WITH THE SECRETARY THAT BY REASON OF FACTS STATED IN THE CERTIFICATE A STAY WOULD, IN HIS OPINIONS CAUSE IMMINENT PERIL TO LIFE OR PROPERTY. IN SUCH CASES PROCEEDINGS SHALL NOT BE STAYED OTHERWISE THAN BY A RESTRAINING ORDER WHICH MAY BE GRANTED BY THE BOARD OF ZONING APPEALS OR BY A COURT RECORD OR APPLICATION OR NOTICE TO THE BUILDING OFFICIAL AND ON DUE CAUSE SHOWN. SECTION 33-66. HEARING:: OF APPEAL: THE BOARD ZONING APPEALS SHALL FIX A REASONABLE TIME FOR THE HEARING OF THE APPEAL, GIVE PUBLIC NOTICE THEREOF AT LEAST FIVE (5) DAYS PRIOR TO THE HEARING IN A NEWSPAPER HAVING GENERAL CIRCULATION IN CHARLOTTESVILLE AND DECIDE THE SAME WITHIN A REASONABLE TIME. SECTION 33-67. POWERS OF THE BOARD: 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 ANY ERROR IN ANY ORDER; REQUIREMENT, DECISION OR DETERMINATION MADE BY THE BUILDING OFFICIAL IN THE ENFORCEMENT OF THIS CHAPTER OR ANY ORDINANCE ADOPTED PURSUANT THERETO. 2. TO AUTHORIZE UPON APPEAL IN SPECIAL CASES SUCH VARIANCE FROM THE TERMS OF THIS ORDINANCE AS WILL NOT BE CONTRARY TO THE PUBLIC INTEREST WHEN OWING TO SPECIAL CONDITIONS A LITERAL ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP., AND SO THAT THE SPIRIT OF THE ORDINANCE SHALL BE OBSERVED AND SUBSTANTIAL JUSTICE DONE. SUCH SPECIAL CONDITIONS SHALL BE LIMITED TO EXCEPTIONAL NARROWNESS, SHALLOWNESS OR SHAPE OF A SPECIFIC PIECE OF PROPERTY AT THE TIME OF THE ENACTMENT OF THIS ORDINANCES OR EXCEPTIONAL TOPOGRAPHIC CONDITIONS OR OTHER EXTRAORDINARY AND EXCEPTIONAL SITUATION OR CONDITION OF SUCH PIECE OF PROPERTY AS WOULD RESULT IN PECULIAR., EXTRAORDINARY AND PRACTICAL DIFFICULTIES. NO VARIANCE SHALL BE AUTHORIZED UNLESS THE BOARD FINDS THAT ALL OF THE FOLLOWING CONDITIONS EXIST: (A) THE SPECIAL CIRCUMSTANCES OR CONDITIONS APPLYING.TO THE BUILDING OR LAND IN QUESTION ARE PECULIAR TO SUCH PROPERTY AND DO NOT APPLY GENERALLY TO OTHER LAND OR BUILDINGS IN THE VICINITY. (B) THE GRANTING OF THE APPLICATION IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A SUBSTANTIAL PROPERTY RIGHT AND NOT MERELY TO SERVE AS A CONVENIENCE TO THE APPLICANT. (C) THE AUTHORIZING OF THE VARIANCE WILL NOT IMPAIR AN ADEQUATE SUPPLY OF LIGHT AND AIR TO ADJACENT PROPERTY OR UNREASONABLY INCREASE THE CONGESTION IN PUBLIC STREETS., OR INCREASE THE DANGER OF FIRE OR IMPERIL THE PUBLIC SAFETY OR UNREASONABLY DIMINISH OR IMPAIR ESTABLISHED PROPERTY VALUES WITHIN THE SURROUNDING AREAS, OR IN ANY OTHER RESPECT IMPAIR THE HEALTH., SAFFETYj COMFORT, MORALSj, OR GENERAL WELFARE OF THE INHABITANTS OF THE CITY OF CHARLOTTESVILLE. (D) THE CONDITIONS CONSTITUTING A HARDSHIP HAVE NOT BEEN CREATED BY THE APPLICANTS, OWN ACTS. 3. TO HEAR AND DECIDE SPECIAL EXCEPTIONS TO THE TERMS OF THIS ORDINANCE UPON WHICH THE BOARD IS REQUIRED TO PASS UNDER SUCH ORDINANCE. SUCH SPECIAL EXCEPTIONS SHALL INCLUDE AND BE LIMITED TO THE FOLLOWING: (A) PERMIT THE EXTENSION OF A DISTRICT WHERE THE BOUNDARY LINE OF A DISTRICT DIVIDES A LOT OR . TRACT HELD IN SINGLE OWNERSHIP AT THE TIME OF THE PASSAGE OF THIS ORDINANCE. (B) INTERPRET THE PROVISIONS OF THIS ORDINANCE WHERE THE STREET LAYOUT ACTUALLY ON THE GROUND VARIES FROM THE STREET LAYOUT AS SHOWN ON THE DISTRICT MAP MADE A PART OF THIS ORDINANCE. (C) PERMIT THE ERECTION AND USE OF A BUILDING OR THE USE OF PREMISES IN ANY LOCATION FOR A PUBLIC SERVICE CORPORATION FOR PUBLIC UTILITY PURPOSES WHICH THE BOARD DEEMS REASONABLY NECESSARY FOR SECTION 33-61. NO NON -CONFORMING BUILDING OR PREMISES., EXCEPT WHEN REQUIRED TO DO SO BY LAW OR ORDINANCES SHALL BE ENLARGED, EXTENDED., RECONSTRUCTED OR STRUCTURALLY ALTERED; UNLESS SUCH USE IS CHANGED TO ONE PERMITTED IN THE DISTRICT IN WHICH SUCH BUILDING OR PREMISES 13 LOCATED. • ARTICLE XVI. BOARD OF ZONING APPEALS. SECTION 33-62. ORGANIZATION: 1. THE BOARD OF ZONING APPEALS SHALL CONSIST OF FIVE (55) MEMBERS, EACH TO BE APPOINTED FOR A TERM OF THREE (3) YEARS AND REMOVABLE FOR CAUSE BY THE CORPORATION COURT OF THE CITY OF CHARLOTTESVILLE., VIRGINIA UPON WRITTEN CHARGES AND AFTER PUBLIC HEARING. VACANCIES SHALL BE FILLED FOR THE UNEXPIRED TERM OF ANY MEMBER WHOSE TERM BECOMES VACANT. THE BOARD OF ZONING APPEALS AS NOW CONSTITUTED SHALL REMAIN IN OFFICE FOR THE REMAINDER OF THEIR TERMS AND UNTIL THEIR SUCCESSORS HAVE BEEN APPOINTED AS PROVIDED IN THIS ARTICLE. 2. THE BOARD OF ZONING APPEALS SHALL SELECT ONE OF ITS MEMBERS AS CHAIRMAN AND ONE AS VICE- CHAIRMAN AND ONE AS SECRETARY2 WHO SHALL SERVE IN SUCH CAPACITY FOR A TERM OF ONE YEAR AND UNTIL THEIR SUCCESSORS HAVE BEEN SELECTED. A MAJORITY OF THE BOARD SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS. SECTION 33-63. RJLES AND MEETINGS; RECORDS AND MINUTES: 1. RULES: THE BOARD SHALL ADOPT SUCH RULES FROM TIME TO TIME AS IT MAY DEEP1 ^!ECESSARY TO CARRY OUT THE PROVISIONS OF THIS ORDINANCE. 2. MEETINGS: MEETINGS OF THE BOARD SHALL BE HELD AT THE CALL OF THE CHAIRMAN., AND AT SUCH OTHER TIMES AS THE E30ARD MAY DETERMINE. SUCH CHAIRMAN, OR IN HIS ABSENCE2 THE ACTING CHAIRMAN MAY ADMINISTER OATHS AND COMPEL THE ATTENDANCE OF WITNESSES. • 3. RECORDS AND HINUTES: THE BOARD SHALL KEEP MINUTES OF ITS PROCEEDINGS., SHOWING THE VOTE OF EACH MEMBER UPON EACH QUESTION OR, IF ABSENT OR FAILING TO VOTE., INDICATING SUCH FACT AND SHALL KEEP RECORDS OF ITS EXAMINATIONS AND OTHER OFFICIAL ACTIONS, ALL OF WHICH SHALL BE IMMEDIATELY FILED IN THE OFFICE OF THE BOARD AND SHALL BE A PUBLIC RECORD. SECTION 33-64. APPEALS: APPEALS TO THE BOARD OF ZONING APPEALS MAY BE TAKEN BY ANY PERSON AGGRIEVED OR BY ANY OFFICER; DEPARTMENTp BOARD OR BUREAU OF THE CITY OF CHARLOTTESVILLE AFFECTED BY ANY DECISION 110 OF THE BUILDING OFFICIAL IN THE ENFORCEMENT OF THIS ORDINANCE. SUCH APPEAL SHALL BE FILED WITH THE SECRETARY OF THE BOARD OF ZONING APPEALS WITHIN TWENTY-ONE (21) DAYS FROM THE DATE OF THE DECISIONp OR N ORDER OF THE BUILDING OFFICIAL CAUSING THE GRIEVANCE AND SHALL BE FILED AT LEAST SIX (6) DAYS PRIOR TO W THE MEETING AT WHICH IT IS TO BE HEARD. THE BUILDING OFFICIAL SHALL FORTHWITH TRANSMIT TO THE BOARD ALL OF THE PAPERS CONSTITUTING THE RECORD UPON WHICH THE ACTION APPEALED FROM WAS TAKEN. EACH APPEAL Q SHALL BE ACCOMPANIED BY A FEE OF TWENTY-FIVE ($25.00) DOLLARS TO DEFRAY THE COST OF PROCESSING SUCH APPEALp SAID FEE TO BE PAID TO THE DIRECTOR OF FINANCE. SECTION 33-65. STAY OF PROCEEDINGS: AN APPEAL STAYS ALL PROCEEDINGS IN FURTHERANCE OF THE ACTION APPEALED FROM UNLESS THE UILDING FFICIAL CERTIFIES TO THE BOARD OF ZONING APPEALS AFTER THE NOTICE OF APPEAL SHALL HAVE BEEN FILED WITH THE SECRETARY THAT BY REASON OF FACTS STATED IN THE CERTIFICATE A STAY WOULD, IN HIS OPINIONS CAUSE IMMINENT PERIL TO LIFE OR PROPERTY. IN SUCH CASES PROCEEDINGS SHALL NOT BE STAYED OTHERWISE THAN BY A RESTRAINING ORDER WHICH MAY BE GRANTED BY THE BOARD OF ZONING APPEALS OR BY A COURT RECORD OR APPLICATION OR NOTICE TO THE BUILDING OFFICIAL AND ON DUE CAUSE SHOWN. SECTION 33-66. HEARING:: OF APPEAL: THE BOARD ZONING APPEALS SHALL FIX A REASONABLE TIME FOR THE HEARING OF THE APPEAL, GIVE PUBLIC NOTICE THEREOF AT LEAST FIVE (5) DAYS PRIOR TO THE HEARING IN A NEWSPAPER HAVING GENERAL CIRCULATION IN CHARLOTTESVILLE AND DECIDE THE SAME WITHIN A REASONABLE TIME. SECTION 33-67. POWERS OF THE BOARD: 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 ANY ERROR IN ANY ORDER; REQUIREMENT, DECISION OR DETERMINATION MADE BY THE BUILDING OFFICIAL IN THE ENFORCEMENT OF THIS CHAPTER OR ANY ORDINANCE ADOPTED PURSUANT THERETO. 2. TO AUTHORIZE UPON APPEAL IN SPECIAL CASES SUCH VARIANCE FROM THE TERMS OF THIS ORDINANCE AS WILL NOT BE CONTRARY TO THE PUBLIC INTEREST WHEN OWING TO SPECIAL CONDITIONS A LITERAL ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP., AND SO THAT THE SPIRIT OF THE ORDINANCE SHALL BE OBSERVED AND SUBSTANTIAL JUSTICE DONE. SUCH SPECIAL CONDITIONS SHALL BE LIMITED TO EXCEPTIONAL NARROWNESS, SHALLOWNESS OR SHAPE OF A SPECIFIC PIECE OF PROPERTY AT THE TIME OF THE ENACTMENT OF THIS ORDINANCES OR EXCEPTIONAL TOPOGRAPHIC CONDITIONS OR OTHER EXTRAORDINARY AND EXCEPTIONAL SITUATION OR CONDITION OF SUCH PIECE OF PROPERTY AS WOULD RESULT IN PECULIAR., EXTRAORDINARY AND PRACTICAL DIFFICULTIES. NO VARIANCE SHALL BE AUTHORIZED UNLESS THE BOARD FINDS THAT ALL OF THE FOLLOWING CONDITIONS EXIST: (A) THE SPECIAL CIRCUMSTANCES OR CONDITIONS APPLYING.TO THE BUILDING OR LAND IN QUESTION ARE PECULIAR TO SUCH PROPERTY AND DO NOT APPLY GENERALLY TO OTHER LAND OR BUILDINGS IN THE VICINITY. (B) THE GRANTING OF THE APPLICATION IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF A SUBSTANTIAL PROPERTY RIGHT AND NOT MERELY TO SERVE AS A CONVENIENCE TO THE APPLICANT. (C) THE AUTHORIZING OF THE VARIANCE WILL NOT IMPAIR AN ADEQUATE SUPPLY OF LIGHT AND AIR TO ADJACENT PROPERTY OR UNREASONABLY INCREASE THE CONGESTION IN PUBLIC STREETS., OR INCREASE THE DANGER OF FIRE OR IMPERIL THE PUBLIC SAFETY OR UNREASONABLY DIMINISH OR IMPAIR ESTABLISHED PROPERTY VALUES WITHIN THE SURROUNDING AREAS, OR IN ANY OTHER RESPECT IMPAIR THE HEALTH., SAFFETYj COMFORT, MORALSj, OR GENERAL WELFARE OF THE INHABITANTS OF THE CITY OF CHARLOTTESVILLE. (D) THE CONDITIONS CONSTITUTING A HARDSHIP HAVE NOT BEEN CREATED BY THE APPLICANTS, OWN ACTS. 3. TO HEAR AND DECIDE SPECIAL EXCEPTIONS TO THE TERMS OF THIS ORDINANCE UPON WHICH THE BOARD IS REQUIRED TO PASS UNDER SUCH ORDINANCE. SUCH SPECIAL EXCEPTIONS SHALL INCLUDE AND BE LIMITED TO THE FOLLOWING: (A) PERMIT THE EXTENSION OF A DISTRICT WHERE THE BOUNDARY LINE OF A DISTRICT DIVIDES A LOT OR . TRACT HELD IN SINGLE OWNERSHIP AT THE TIME OF THE PASSAGE OF THIS ORDINANCE. (B) INTERPRET THE PROVISIONS OF THIS ORDINANCE WHERE THE STREET LAYOUT ACTUALLY ON THE GROUND VARIES FROM THE STREET LAYOUT AS SHOWN ON THE DISTRICT MAP MADE A PART OF THIS ORDINANCE. (C) PERMIT THE ERECTION AND USE OF A BUILDING OR THE USE OF PREMISES IN ANY LOCATION FOR A PUBLIC SERVICE CORPORATION FOR PUBLIC UTILITY PURPOSES WHICH THE BOARD DEEMS REASONABLY NECESSARY FOR