HB1898: Zoning appeals, board of; appointments.
HOUSE BILL NO. 1898
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2308 of the Code of Virginia is amended and reenacted as follows:
§ 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 to this chapter or prior enabling laws shall establish a
board of zoning appeals that shall consist of either five or seven residents of
the locality, or in a town with a population of 3,500 or less, either three,
five, or seven residents of the locality, appointed by the circuit court for
the locality. Boards of zoning appeals for a locality within the fifteenth or
nineteenth judicial circuit may be appointed by the chief judge or his
designated judge or judges in their respective circuit, upon concurrence of
such locality. Their terms of office shall be for five years each, except that original
appointments shall be made for such terms that the term of one member shall
expire each year. The secretary of the board shall notify the court at least thirty 30
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 may
be reappointed to succeed themselves. Members of the board shall hold no other
public office in the locality,
except that one may be a member of the local planning commission, and any member may be
appointed to serve as an officer of election as defined in § 24.2-101, and any elected official of an
incorporated town may serve on the board of the county in which the member also
resides. A member whose term expires shall continue to
serve until his successor is appointed and qualifies. The circuit court for the
City of Chesapeake and the Circuit Court for the City of Hampton shall appoint
at least one but not more than three alternates to the board of zoning appeals.
At the request of the local governing body, the circuit court for any other
locality may appoint not more than three alternates to the board of zoning appeals.
The qualifications, terms and compensation of alternate members shall be the
same as those of regular members. A regular member when he knows he will be
absent from or will have to abstain from any application at a meeting shall
notify the chairman twenty-four 24 hours prior to the meeting
of such fact. The chairman shall select an alternate to serve in the absent or
abstaining member's place and the records of the board shall so note. Such
alternate member may vote on any application in which a regular member
abstains.
B. Localities may, by ordinances enacted in each jurisdiction, create a joint board of zoning appeals that shall consist of two members appointed from among the residents of each participating jurisdiction by the circuit court for each county or city, plus one member from the area at large to be appointed 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 be five years, except that of the two members first appointed from each jurisdiction, the term of one shall be for two years and of the other, four years. Vacancies shall be filled for the unexpired terms. In other respects, joint boards of zoning appeals shall be governed by all other provisions of this article.
C. With the exception of its secretary and the alternates, the board shall elect from its own membership its officers who shall serve annual terms as such and may succeed themselves. The board may elect as its secretary either one of its members or a qualified individual who is not a member of the board, excluding the alternate members. A secretary who is not a member of the board shall not be entitled to vote on matters before the board. Notwithstanding any other provision of law, general or special, for the conduct of any hearing, a quorum shall be not less than a majority of all the members of the board and the board shall offer an equal amount of time in a hearing on the case to the applicant, appellant or other person aggrieved under § 15.2-2314, and the staff of the local governing body. Except for matters governed by § 15.2-2312, no action of the board shall be valid unless authorized by a majority vote of those present and voting. The board may make, alter and rescind rules and forms for its procedures, consistent with ordinances of the locality and general laws of the Commonwealth. The board shall keep a full public record of its proceedings and shall submit a report of 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 board may employ or contract for secretaries, clerks, legal counsel,
consultants, and other technical and clerical services. Members of the board
may receive such compensation as may be authorized by the respective governing
bodies. Any board member or alternate may be removed for malfeasance,
misfeasance or nonfeasance in office, or for other just cause, by the court
that appointed him, after a hearing held after at least fifteen 15 days' notice.
E. Notwithstanding any contrary provisions of this section, in the Cities of Portsmouth and Virginia Beach, members of the board shall be appointed by the governing body. The governing body shall also appoint at least one but not more than three alternates to the board.