§ 98-1021. Established; membership; organization.

(a)

There is hereby established a board of zoning appeals which shall consist of five residents of the county appointed by the circuit court of the county. Their terms of office shall be for five years each, and the term of one member shall expire each year. The secretary of such board of zoning appeals shall notify the court at least 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 of zoning appeals shall hold no other public office in the county except that one may be a member of the local planning commission. A member whose term expires shall continue to serve until his successor is appointed and qualifies.

(b)

With the exception of its secretary and the alternates, the board of zoning appeals shall elect from its own membership its officers who shall serve annual terms as such and may succeed themselves. The board of zoning appeals may elect as its secretary either one of its members or a qualified individual who is not a member of the board. A secretary who is not a member of the board shall not be entitled to vote on matters before the board. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the board of zoning appeals. The board of zoning appeals may make, alter and rescind rules and forms for its procedures consistent with ordinances of the county and general laws of the commonwealth. The board of zoning appeals shall keep a full public record of its proceedings and shall submit a report of its activities to the board of supervisors at least once each year. Any board of zoning appeals member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by the court which appointed him after a hearing held after at least 15 days' notice.

(c)

Members of the board of zoning appeals shall serve without pay other than for traveling expenses. Within the limit of funds appropriated by the board of supervisors, the board of zoning appeals may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. The contracting for any such services must be approved by the board of supervisors.

(d)

Meetings of the board of zoning appeals shall be held at the call of its chairman or at such time as a quorum of the board of zoning appeals may determine. The board of zoning appeals shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, records indicating such facts. All records of the board of zoning appeals shall be filed immediately with the zoning administrator's office and shall be matters of public record.

(Code 1999, § 9-329)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2308.

(Code 1999, § 9-329)

State law reference

Similar provisions, Code of Virginia, § 15.2-2308.