2006 Code of Virginia § 15.2-2308 - Boards of zoning appeals to be created; membership, organization, etc

15.2-2308. Boards of zoning appeals to be created; membership,organization, etc.

A. Every locality that has enacted or enacts a zoning ordinance pursuant tothis chapter or prior enabling laws, shall establish a board of zoningappeals that shall consist of either five or seven residents of the locality,appointed by the circuit court for the locality. Boards of zoning appeals fora locality within the fifteenth or nineteenth judicial circuit may beappointed by the chief judge or his designated judge or judges in theirrespective circuit, upon concurrence of such locality. Their terms of officeshall be for five years each except that original appointments shall be madefor such terms that the term of one member shall expire each year. Thesecretary of the board shall notify the court at least thirty days in advanceof the expiration of any term of office, and shall also notify the courtpromptly if any vacancy occurs. Appointments to fill vacancies shall be onlyfor the unexpired portion of the term. Members may be reappointed to succeedthemselves. Members of the board shall hold no other public office in thelocality except that one may be a member of the local planning commission. Amember whose term expires shall continue to serve until his successor isappointed and qualifies. The circuit court for a city having a population ofmore than 140,000 but less than 170,000 shall appoint at least one but notmore than three alternates to the board of zoning appeals. At the request ofthe local governing body, the circuit court for any other locality mayappoint not more than three alternates to the board of zoning appeals. Thequalifications, terms and compensation of alternate members shall be the sameas those of regular members. A regular member when he knows he will be absentfrom or will have to abstain from any application at a meeting shall notifythe chairman twenty-four hours prior to the meeting of such fact. Thechairman shall select an alternate to serve in the absent or abstainingmember's place and the records of the board shall so note. Such alternatemember may vote on any application in which a regular member abstains.

B. Localities may, by ordinances enacted in each jurisdiction, create a jointboard of zoning appeals that shall consist of two members appointed fromamong the residents of each participating jurisdiction by the circuit courtfor each county or city, plus one member from the area at large to beappointed by the circuit court or jointly by such courts if more than one,having jurisdiction in the area. The term of office of each member shall befive years except that of the two members first appointed from eachjurisdiction, the term of one shall be for two years and of the other, fouryears. Vacancies shall be filled for the unexpired terms. In other respects,joint boards of zoning appeals shall be governed by all other provisions ofthis article.

C. With the exception of its secretary and the alternates, the board shallelect from its own membership its officers who shall serve annual terms assuch and may succeed themselves. The board may elect as its secretary eitherone of its members or a qualified individual who is not a member of theboard, excluding the alternate members. A secretary who is not a member ofthe board shall not be entitled to vote on matters before the board. For theconduct of any hearing and the taking of any action, a quorum shall be notless than a majority of all the members of the board. The board may make,alter and rescind rules and forms for its procedures, consistent withordinances of the locality and general laws of the Commonwealth. The boardshall keep a full public record of its proceedings and shall submit a reportof its activities to the governing body or bodies at least once each year.

D. Within the limits of funds appropriated by the governing body, the boardmay employ or contract for secretaries, clerks, legal counsel, consultants,and other technical and clerical services. Members of the board may receivesuch compensation as may be authorized by the respective governing bodies.Any board member or alternate may be removed for malfeasance, misfeasance ornonfeasance in office, or for other just cause, by the court that appointedhim, after a hearing held after at least fifteen days' notice.

E. Notwithstanding any contrary provisions of this section, in any city witha population greater than 390,000, members of the board shall be appointed bythe governing body. The governing body of such city shall also appoint atleast one but not more than three alternates to the board.

(Code 1950, 15-825, 15-850, 15-968.8; 1950, pp. 176, 489; 1952, c. 688;1962, c. 407, 15.1-494; 1975, c. 641; 1976, c. 642; 1977, c. 172; 1982, c.3; 1989, c. 27; 1992, c. 47; 1997, cc. 570, 587; 1998, cc. 346, 520, 528;1999, c. 838; 2002, cc. 205, 545.)