General powers of the board for the administration of the zoning law
(a) The Board of Land Use Appeals is a body of limited powers. It may not change the use of property from that permitted by the Zoning Law nor may it increase the height of a structure above that permitted by the law:
1. The Board shall hear and decide all matters referred to it or upon which it is required to pass under this law.
2. The Board shall hear and decide appeals made by any person or persons severally or jointly aggrieved by any order, requirement, decision or determination made by the Zoning Administrator. The Board may reverse, affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination, as in its opinion ought to be made, and to that end shall have all the powers of the officers from whom the appeal is taken.
3. The Board may grant such special permits as are specifically authorized under the terms of this subchapter and subject to the conditions set forth herein.
Meetings of the Board
(b) All meetings of the Board shall be in public, and shall be held at the call of the Chairman and at such other times as the Board may determine. Records of the Board may be examined in the offices of the Board at any reasonable time. Executive meetings of the Board may be held, but any record of such meetings shall also be opened to public inspection.
Rules of procedure of the board
(c) The Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this subchapter. Except as otherwise provided for in this subchapter, this shall include, among other things, procedure for conduct of public hearings, forms to be used in the submission of applications, times when hearings shall be held, and the forms of written reports and findings of the Board.
Time for hearings. The Board shall fix a reasonable time for hearings, giving due notice thereof as required by section 239 of this subchapter, but in no case shall a hearing on a particular matter be held later than sixty (60) days after the filing of an application with the Board on that matter.
Agenda. The agenda for any meeting of the Board of Land Use Appeals to be prepared by the Secretary of the Board shall be released not less than fifteen (15) days prior to the meeting at which matters so listed are to be considered.
Decisions. Decisions of the Board shall take effect when rendered, provided a copy thereof shall be filed in the office of the Lieutenant Governor of the Virgin Islands. Any person who appeals to the Board shall be notified of the Board's decision on his appeal by certified mail within three (3) days after such decision is rendered.
Action of the Board final. The action of the Board shall be final, unless an appeal is taken to the District Court of the Virgin Islands within thirty (30) days of the date upon which the applicant was officially notified of the Board's final action. No case shall be reopened nor shall any applications be accepted constituting the same appeal involving the same property upon which the Board has taken final action for at least one (1) year from the date of final action of the Board.
Rehearing. The Board may grant a rehearing upon any appeal if any application for such rehearing, which includes new evidence to be presented which was not considered by the Board at the hearing, is made to the Board within thirty (30) days of the date upon which the applicant was notified of the Board's original action. Only one application for a rehearing may be made in any case.
Minutes and findings of the board
(d) The Board shall keep minutes of its proceedings, recording the action of the Board and the vote of each member upon each action or, if absent or failing to vote, indicating such fact. It shall also keep records of is examinations and other official actions, all of which shall be filed promptly at the office of the Board and shall be open to public examination at reasonable hours. All findings and actions of the Board shall be in writing and shall set forth the reasons for the action taken irrespective of what action was taken. Findings shall be complete, detailed and in specific terms setting forth the reasons for the decisions and shall go beyond such generalities as “in the interest of public health, safety and general welfare”. In every instance, a statement of the facts upon which such action is based shall appear in the minutes.
Vote required by the board
(e) The concurring vote of two-thirds (⅔) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under the terms of this subchapter.
Assistance to the board
(f) The Board may call upon other governmental departments for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance as may be reasonably required.
As required by section 237 of this subchapter, as well as when requested by the Board of Land Use Appeals, the Virgin Islands Planning Office shall submit an advisory opinion to the Zoning Board at least four (4) days prior to the public hearing assigned to the matter on which the opinion was requested. The findings of the Planning Office shall be read into the record at such public hearing. The failure of the Planning Office to submit its report to the Board of Land Use Appeals prior to the public hearing shall not prevent the Board of Land Use Appeals from reaching a decision on any matter before it.Specific powers of the board to grant variances
(g) The Board may grant specific variances or modifications from the strict application of this subchapter when, by reason of exceptional narrowness, shallowness, shape or substandard size of specific parcels of property, or by reason of exceptional topographic conditions or other extraordinary situations or conditions of specific parcels of property, the strict application of these regulations or amendment thereto would result in a practical difficulty or unnecessary hardship upon the owner of said property, provided:
1. That such relief, variance or modification can be granted without substantial impairment of the intent, purpose and integrity of this subchapter and of the general plan of development of the Virgin Islands;
2. That this shall not permit a use of land not authorized by the provisions of this subchapter for a specific zoning district or an increase in the height or volume of a building or structure or an increase in the density of development beyond that permitted by this subchapter for any particular zoning district.
Before granting a variance on the basis of unusual difficulty or unreasonable hardship, there must be a finding by the Board of Land Use Appeals that all of the following conditions exist:1. That if the owner complied with the provisions of this law, he would not be able to make any reasonable use of his property;
2. That the difficulties or hardship are peculiar to the property in question in contrast with those of other properties in the same district;
3. That the hardship was not the result of the applicant's own action;
4. That the hardship is not merely financial or pecuniary.
Time for which decision of the board is valid
(h) No decision of the Board permitting the erection, alteration or use of a building or the use of land shall be valid for a period longer than one (1) year unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is promptly started and proceeds to completion in accordance with the terms of the decision of the Board or unless the use of the building or land is established within said period.
Authority of board to interpret zoning district maps and boundaries
(i) Where there is dispute as to location of any zoning district or zoning district boundary line which has been determined or interpreted by the Zoning Administrator under the provisions of section 224 of this subchapter, an appeal from such interpretation or determination may be made to the Board, and a determination shall be made by said Board.
Appeals to board, applications, and stay of proceedings
(j) Any person aggrieved by a ruling of the Zoning Administrator respecting the interpretation of this subchapter or any government officer, department, board or bureau of the Virgin Islands affected by the ruling of the Zoning Administrator concerning the interpretation of this subchapter may take an appeal to the Board of Land Use Appeals. Such appeal shall be taken within thirty (30) days from the date of any written order, requirement or decision complained of. Such appeals shall be taken by filing with the Zoning Administrator and the Board a notice of appeal specifying the grounds therefor and upon forms provided by the Board. The Zoning Administrator shall immediately transmit to the Board all of the papers or copies thereof constituting the record upon which the action appealed from was taken.
Every application for a special permit or a variance or for an interpretation of a ruling of the Zoning Administrator shall be made on a form prepared by the Board of Land Use Appeals providing space showing the ownership of the property involved, the dimensions of the property and the reasons for the application. Said application shall also be filed with the Board of Land Use Appeals in accordance with subsection (c) of section 235, Applications for building permits, and shall also include a statement by the applicant of the reasons for the application. Upon the filing of an appeal, a party to the appeal may petition the Board of Land Use Appeals for the issuance of a stay of all proceedings in furtherance of the action from which the appeal is made. The Board of Land Use Appeals may, in its discretion and on such conditions for the security of the adverse party as are proper, grant a stay, unless the Zoning Administrator certifies to the Board of Land Use Appeals after notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. If the certification is made, proceedings shall not be stayed otherwise than by a restraining order, which after notice to the official and due cause shown, may be granted by the Board of Land Use Appeals or by a court of competent jurisdiction.Appeals from decisions of the board
(k) Any person or persons jointly or severally aggrieved by any decision of the Board, or any official, department, board or bureau of the Government of the United States Virgin Islands, may present to the District Court of the Virgin Islands a petition duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the ground of the illegality. Such petition shall be presented to the court within thirty (30) days from the date of the letter advising the applicant of the decision of the Board. Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board to review such decision of the Board and prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than ten (10) days and may be extended by the court. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
Appeals to board from decisions under chapters 5 and 7 of Title 6
(l) Notwithstanding any other provision of law to the contrary, the Board shall have the power to hear and decide appeals from decisions of the Zoning Administrator regarding the application of chapters 5 and 7 of Title 6, Virgin Islands Code, and such appeals shall be heard and decided in accordance with this subchapter.