Board of Zoning Appeals By-Laws
ARTICLE I. MEMBERSHIP
1-1. The Prince George County Board of Zoning Appeals, hereafter referred to as the “board”, shall be appointed by the Prince George County Circuit Court and each member shall be sworn in by the Clerk of the Circuit Court prior to assuming his or her duties.
1-2. The board shall have five regular members and two alternate members and one regular member shall be a member of the Prince George County Planning Commission.
1-3. The term of each regular and alternate member shall be five-year staggered terms and regular and alternate members may be reappointed to successive terms.
1-4. A regular or alternate member whose term expires shall continue to serve until his or her successor is appointed and qualified to serve on the Board of Zoning Appeals.
1-5. Alternate members shall serve on the board when there is an absence of a regular member. Any regular member who knows he or she will be absent from, or will have to abstain from any application at a meeting, shall notify the chair no less than twenty-four (24) hours prior to such meeting.
1-6. Whenever a regular member abstains from a vote on any application, the designated alternate member shall assume all voting privileges of the regular member on that matter.
ARTICLE II. OFFICERS
2-1. The board shall organize and elect a chair and vice chair as officers annually in the month of January for a one year term. The officers may be re-elected to successive terms.
2-2. The chair shall preside at all meetings and hearings of the board, shall decide all points of order and procedures and shall appoint any committees that may be found necessary.
2-3. The vice-chair shall assume the duties of the chair in the chair’s absence.
2-4. The zoning administrator of Prince George County shall, (1) serve as secretary to the board and shall conduct all of the official correspondence subject to these rules at the direction of the board; (2) send out all notices required by these rules of procedures; (3) keep minutes of the board’s proceedings; and, (4) keep a file on each case that comes before the board.
ARTICLE III. MEETINGS
3-1. A regular meeting of the board shall be held on the fourth Monday of each month at 7:30 p.m. unless a county holiday. If no cases are pending, the board may hold its regular meeting to receive any training, planning communications or to consider any matters brought before it by the secretary. The meetings shall be held in the Board of Supervisors Meeting Room, third floor within the County Administration Building, unless otherwise specified.
3-2. A quorum shall consist of three board members.
3-3. The order of business at all regular meetings of the board shall be as follows: (1) Call to Order; (2) Roll Call; (3) Invitation; (4) Pledge of Allegiance to the U.S. Flag; (5) Review and Approval of Board Minutes; (6) New Business; (7) Public Hearings; (8) Old Business; (9) Communications; (10) Adjournment.
3-4. The board may adjourn a regular meeting to a certain date and time if all applications or appeals cannot be disposed of on the day set, and no further public notice shall be necessary for such a meeting.
3-5. A regular meeting shall be cancelled due to inclement weather if the County is closed on the day of the meeting. The regular meeting would be rescheduled for the next available meeting following the public notice guidelines under Article IV. 4-4.
ARTICLE IV. PROCEDURES FOR HEARING BOARD CASES
4-1. Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the county affected by any decision of the zoning administrator; or from any order, any requirement, or any decision or determination made by any other administrative officer in the enforcement of the Zoning Ordinance.
4-2. The applicant shall provide the zoning administrator with all the information requested on the application form prescribed by the board and any such additional information and data as may be required to advise the board fully with reference to the application for an appeal or variance, whether such information is called for by the official forms or not. No application for an appeal or variance will be considered by the board unless it is made on the application form required.
4-3. An application for an appeal or variance filed according to the above procedure shall be given a case number within five days from the date filed. Applications for an appeal or variance will be assigned for a hearing in the order in which they are received.
4-4. The secretary of the board shall notify the parties of interests of the date and time for the public hearing of the case and give public notice in a newspaper of general circulation in accordance with Section 15.2-2204, the Code of Virginia (1950, as amended).
4-5. At the time of the board public hearing the applicant may appear on behalf of the application or be represented by counsel or an agent. The zoning administrator’s statement shall be made first, followed by the applicant’s statement and then comments from any private citizen or business owner for or against the request. The applicant shall be given an opportunity for a final rebuttal.
4-6. A final decision of any application for an appeal or variance to the board shall be in the form of a resolution that must be approved by a quorum of the membership of the board. The decision may be delayed so as to allow board members additional time to consider the evidence presented or to allow any additional material to be submitted as requested by the board prior to rendering a decision.
4-7. Within thirty days after the public hearing, the board shall notify the parties of interest, the building official and the real estate assessor of the final decision of the board.
ARTICLE V. BOARD RECORDS
5-1. A file of all materials and decisions relating to each case shall be kept by the secretary as part of the records of the board.
5-2. All records of the board shall be a public record.
Revised and Adopted by the Board of Zoning Appeals on January 28, 2008