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2002 SESSION
026131890Be 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 whichthat has enacted or enacts a zoning ordinance pursuant
to this chapter or prior enabling laws, shall establish a board of zoning
appeals, which that shall consist of either 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 the 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 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. A
member whose term expires shall continue to serve until his successor is
appointed and qualifies. The circuit court for a city having a population of
more than 140,000 but less than 170,000 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 a
meeting shall notify the chairman twenty-four hours prior to the meeting of
such fact. The chairman shall select an alternate to serve in the absent
member's place and the records of the board shall so note.
B. Localities may, by ordinances enacted in each jurisdiction, create a joint
board of zoning appeals, which 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. 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. 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 whichthat appointed him, after
a hearing held after at least fifteen days' notice.
E. Notwithstanding any contrary provisions of this section, in any city with a population greater than 390,000, members of the board shall be appointed by the governing body. The governing body of such city shall also appoint at least one but not more than three alternates to the board.