{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2308.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2308.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2308.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2308.html"}],"law_id":60439,"edition_id":1,"section_id":60439,"structure_id":12775,"section_number":"15.2-2308","catch_line":"Boards of zoning appeals to be created; membership, organization, etc","history":"Code 1950, \u00a7\u00a7 15-825, 15-850, 15-968.8; 1950, pp. 176, 489; 1952, c. 688; 1962, c. 407, \u00a7 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; 2007, c. 813; 2009, c. 734; 2010, c. 705; 2015, cc. 406, 407, 597; 2019, c. 703; 2020, cc. 11, 1006; 2021, Sp. Sess. I, c. 355; 2022, c. 249.","full_text":"A\n\nEvery 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 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, 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 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\n\nLocalities 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\n\nWith 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\n\nUpon request of the board of zoning appeals, the governing body shall consider appropriation of funds so that the board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. If a board has needs that surpass the budgeted amount, the governing body shall review the board’s request. 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 15 days’ notice.E\n\nNotwithstanding 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.","order_by":null,"text":{"0":{"id":220992,"text":"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 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, 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 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":220993,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":220994,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":220995,"text":"Upon request of the board of zoning appeals, the governing body shall consider appropriation of funds so that the board may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services. If a board has needs that surpass the budgeted amount, the governing body shall review the board’s request. 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 15 days’ notice.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":220996,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":12775,"edition_id":1,"name":"Zoning","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":155213,"object_type":"structure","relational_id":12775,"identifier":"7","token":"15.2\/II\/22\/7","url":"\/15.2\/II\/22\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56618,"structure_id":12775,"section_number":"15.2-2280","catch_line":"Zoning ordinances generally","url":"\/15.2-2280\/","token":"15.2\/II\/22\/7\/15.2-2280","metadata":false},{"id":56632,"structure_id":12775,"section_number":"15.2-2281","catch_line":"Jurisdiction of localities","url":"\/15.2-2281\/","token":"15.2\/II\/22\/7\/15.2-2281","metadata":false},{"id":72266,"structure_id":12775,"section_number":"15.2-2282","catch_line":"Regulations to be uniform","url":"\/15.2-2282\/","token":"15.2\/II\/22\/7\/15.2-2282","metadata":false},{"id":73825,"structure_id":12775,"section_number":"15.2-2283","catch_line":"Purpose of zoning ordinances","url":"\/15.2-2283\/","token":"15.2\/II\/22\/7\/15.2-2283","metadata":false},{"id":70348,"structure_id":12775,"section_number":"15.2-2283.1","catch_line":"Prohibition of sexual offender treatment office in residentially zoned subdivision","url":"\/15.2-2283.1\/","token":"15.2\/II\/22\/7\/15.2-2283.1","metadata":false},{"id":55641,"structure_id":12775,"section_number":"15.2-2284","catch_line":"Matters to be considered in drawing and applying zoning ordinances and districts","url":"\/15.2-2284\/","token":"15.2\/II\/22\/7\/15.2-2284","metadata":false},{"id":62867,"structure_id":12775,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; 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civil penalty","url":"\/15.2-2306\/","token":"15.2\/II\/22\/7\/15.2-2306","metadata":false},{"id":83924,"structure_id":12775,"section_number":"15.2-2306.1","catch_line":"Creation of working waterfront development areas","url":"\/15.2-2306.1\/","token":"15.2\/II\/22\/7\/15.2-2306.1","metadata":false},{"id":56409,"structure_id":12775,"section_number":"15.2-2307","catch_line":"Vested rights not impaired; nonconforming uses","url":"\/15.2-2307\/","token":"15.2\/II\/22\/7\/15.2-2307","metadata":false},{"id":53959,"structure_id":12775,"section_number":"15.2-2307.1","catch_line":"Protection of established commercial fishing operations","url":"\/15.2-2307.1\/","token":"15.2\/II\/22\/7\/15.2-2307.1","metadata":false},{"id":60439,"structure_id":12775,"section_number":"15.2-2308","catch_line":"Boards of zoning appeals to be created; membership, organization, etc","url":"\/15.2-2308\/","token":"15.2\/II\/22\/7\/15.2-2308","metadata":false},{"id":60938,"structure_id":12775,"section_number":"15.2-2308.1","catch_line":"Boards of zoning appeals, ex parte communications, proceedings","url":"\/15.2-2308.1\/","token":"15.2\/II\/22\/7\/15.2-2308.1","metadata":false},{"id":55804,"structure_id":12775,"section_number":"15.2-2309","catch_line":"Powers and duties of boards of zoning appeals","url":"\/15.2-2309\/","token":"15.2\/II\/22\/7\/15.2-2309","metadata":false},{"id":80144,"structure_id":12775,"section_number":"15.2-2310","catch_line":"Applications for special exceptions and variances","url":"\/15.2-2310\/","token":"15.2\/II\/22\/7\/15.2-2310","metadata":false},{"id":68867,"structure_id":12775,"section_number":"15.2-2311","catch_line":"Appeals to board","url":"\/15.2-2311\/","token":"15.2\/II\/22\/7\/15.2-2311","metadata":false},{"id":82504,"structure_id":12775,"section_number":"15.2-2312","catch_line":"Procedure on appeal","url":"\/15.2-2312\/","token":"15.2\/II\/22\/7\/15.2-2312","metadata":false},{"id":61459,"structure_id":12775,"section_number":"15.2-2313","catch_line":"Proceedings to prevent construction of building in violation of zoning ordinance","url":"\/15.2-2313\/","token":"15.2\/II\/22\/7\/15.2-2313","metadata":false},{"id":64121,"structure_id":12775,"section_number":"15.2-2314","catch_line":"Certiorari to review decision of board","url":"\/15.2-2314\/","token":"15.2\/II\/22\/7\/15.2-2314","metadata":false},{"id":82707,"structure_id":12775,"section_number":"15.2-2315","catch_line":"Conflict with statutes, local ordinances or regulations","url":"\/15.2-2315\/","token":"15.2\/II\/22\/7\/15.2-2315","metadata":false},{"id":67900,"structure_id":12775,"section_number":"15.2-2316","catch_line":"Validation of zoning ordinances prior to 1971","url":"\/15.2-2316\/","token":"15.2\/II\/22\/7\/15.2-2316","metadata":false}],"previous_section":{"id":53959,"structure_id":12775,"section_number":"15.2-2307.1","catch_line":"Protection of established commercial fishing operations","url":"\/15.2-2307.1\/","token":"15.2\/II\/22\/7\/15.2-2307.1","metadata":false},"next_section":{"id":60938,"structure_id":12775,"section_number":"15.2-2308.1","catch_line":"Boards of zoning appeals, ex parte communications, proceedings","url":"\/15.2-2308.1\/","token":"15.2\/II\/22\/7\/15.2-2308.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2308\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 19 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 688; in 1962, chapter 407; in 1975, chapter 641; in 1976, chapter 642; in 1977, chapter 172; in 1982, chapter 3; in 1989, chapter 27; in 1992, chapter 47; in 1997, chapters 570<\/a> and 587<\/a>; in 1998, chapters 346<\/a>, 520<\/a>, and 528<\/a>; in 1999, chapter 838<\/a>; in 2002, chapters 205<\/a> and 545<\/a>; in 2007, chapter 813<\/a>; in 2009, chapter 734<\/a>; in 2010, chapter 705<\/a>; in 2015, chapters 406<\/a>, 407<\/a>, and 597<\/a>; in 2019, chapter 703<\/a>; in 2020, chapters 11<\/a> and 1006<\/a>; in 2022, chapter 249<\/a>.<\/p>","references":false,"refers_to":[{"id":82504,"section_number":"15.2-2312","catch_line":"Procedure on appeal","order_by":null,"url":"\/15.2-2312\/"},{"id":64121,"section_number":"15.2-2314","catch_line":"Certiorari to review decision of board","order_by":null,"url":"\/15.2-2314\/"},{"id":61543,"section_number":"24.2-101","catch_line":"Definitions","order_by":null,"url":"\/24.2-101\/"}],"permalink":{"id":155439,"object_type":"law","relational_id":60439,"identifier":"15.2-2308","token":"15.2\/II\/22\/7\/15.2-2308","url":"\/15.2-2308\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2308\/","token":"15.2\/II\/22\/7\/15.2-2308","dublin_core":{"Title":"Boards of zoning appeals to be created; membership, organization, etc","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2308","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every locality<\/span> that has enacted or enacts a zoning<\/span> ordinance<\/span> pursuant to this chapter or prior enabling laws<\/span> shall establish a board of zoning<\/span> appeals<\/span> that shall consist of either five or seven residents of the locality<\/span>, or in a town<\/span> with a population of 3,500 or less, either three, five, or seven residents of the locality<\/span>, appointed by the circuit<\/span> court<\/span> for the locality<\/span>. Boards of zoning<\/span> appeals<\/span> for a locality<\/span> within the fifteenth or nineteenth judicial circuit<\/span> may be appointed by the chief judge<\/span> or his designated judge or judges<\/span> in their respective circuit<\/span>, upon concurrence of such locality<\/span>. 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<\/span> at least 30 days in advance of the expiration of any term of office and shall also notify the court<\/span> 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<\/span>, except that one may be a member of the local planning commission<\/span>, any member may be appointed to serve as an officer of election as defined in § 24.2-101<\/a>, and any elected official of an incorporated town<\/span> may serve on the board of the county<\/span> in which the member also resides. A member whose term expires shall continue to serve until his successor is appointed and qualifies. The circuit<\/span> court<\/span> for the City<\/span> of Chesapeake and the Circuit<\/span> Court<\/span> for the City<\/span> of Hampton shall appoint at least one but not more than three alternates to the board of zoning<\/span> appeals<\/span>. At the request of the local governing body<\/span>, the circuit<\/span> court<\/span> for any other locality<\/span> may appoint not more than three alternates to the board of zoning<\/span> appeals<\/span>. 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 24 hours prior to the meeting of such fact<\/span>. 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Localities may, by ordinances<\/span> enacted in each jurisdiction<\/span>, create a joint board of zoning<\/span> appeals<\/span> that shall consist of two members appointed from among the residents of each participating jurisdiction<\/span> by the circuit<\/span> court<\/span> for each county<\/span> or city<\/span>, plus one member from the area at large to be appointed by the circuit<\/span> court<\/span> or jointly by such courts<\/span> if more than one, having jurisdiction<\/span> 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<\/span>, 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<\/span> appeals<\/span> shall be governed by all other provisions of this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 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<\/span>, general or special, for the conduct of any hearing<\/span>, 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<\/span> on the case to the applicant, appellant<\/span> or other person aggrieved under § 15.2-2314<\/a>, and the staff of the local governing body<\/span>. Except for matters governed by § 15.2-2312<\/a>, 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<\/span> of the locality<\/span> and general laws<\/span> 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<\/span> or bodies at least once each year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Upon request of the board of zoning<\/span> appeals<\/span>, the governing body<\/span> shall consider appropriation of funds so that the board may employ or contract<\/span> for secretaries, clerks, legal counsel<\/span>, consultants, and other technical and clerical services. If a board has needs that surpass the budgeted amount, the governing body<\/span> shall review the board’s request. 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<\/span> that appointed him, after a hearing<\/span> held after at least 15 days’ notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> 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<\/span>. The governing body<\/span> shall also appoint at least one but not more than three alternates to the board. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBOARDS OF ZONING APPEALS TO BE CREATED; MEMBERSHIP, ORGANIZATION, ETC (\u00a7\n15.2-2308)\n\nA. Every locality that has enacted or enacts a zoning ordinance pursuant to this\nchapter or prior enabling laws shall establish a board of zoning appeals that\nshall consist of either five or seven residents of the locality, or in a town\nwith a population of 3,500 or less, either three, five, or seven residents of\nthe locality, appointed by the circuit court for the locality. Boards of zoning\nappeals for a locality within the fifteenth or nineteenth judicial circuit may\nbe appointed by the chief judge or his designated judge or judges in their\nrespective circuit, upon concurrence of such locality. Their terms of office\nshall be for five years each, except that original appointments shall be made\nfor such terms that the term of one member shall expire each year. The secretary\nof the board shall notify the court at least 30 days in advance of the\nexpiration of any term of office and shall also notify the court promptly if any\nvacancy occurs. Appointments to fill vacancies shall be only for the unexpired\nportion of the term. Members may be reappointed to succeed themselves. Members\nof the board shall hold no other public office in the locality, except that one\nmay be a member of the local planning commission, any member may be appointed to\nserve as an officer of election as defined in § 24.2-101, and any elected\nofficial of an incorporated town may serve on the board of the county in which\nthe member also resides. A member whose term expires shall continue to serve\nuntil his successor is appointed and qualifies. The circuit court for the City\nof Chesapeake and the Circuit Court for the City of Hampton shall appoint at\nleast one but not more than three alternates to the board of zoning appeals. At\nthe request of the local governing body, the circuit court for any other\nlocality may appoint not more than three alternates to the board of zoning\nappeals. The qualifications, terms and compensation of alternate members shall\nbe the same as those of regular members. A regular member when he knows he will\nbe absent from or will have to abstain from any application at a meeting shall\nnotify the chairman 24 hours prior to the meeting of such fact. The chairman\nshall select an alternate to serve in the absent or abstaining member’s\nplace and the records of the board shall so note. Such alternate member may vote\non any application in which a regular member abstains.\n\nB. Localities may, by ordinances enacted in each jurisdiction, create a joint\nboard of zoning appeals that shall consist of two members appointed from among\nthe residents of each participating jurisdiction by the circuit court for each\ncounty or city, plus one member from the area at large to be appointed by the\ncircuit court or jointly by such courts if more than one, having jurisdiction in\nthe area. The term of office of each member shall be five years, except that of\nthe two members first appointed from each jurisdiction, the term of one shall be\nfor two years and of the other, four years. Vacancies shall be filled for the\nunexpired terms. In other respects, joint boards of zoning appeals shall be\ngoverned by all other provisions of this article.\n\nC. With the exception of its secretary and the alternates, the board shall elect\nfrom its own membership its officers who shall serve annual terms as such and\nmay succeed themselves. The board may elect as its secretary either one of its\nmembers or a qualified individual who is not a member of the board, excluding\nthe alternate members. A secretary who is not a member of the board shall not be\nentitled to vote on matters before the board. Notwithstanding any other\nprovision of law, general or special, for the conduct of any hearing, a quorum\nshall be not less than a majority of all the members of the board and the board\nshall offer an equal amount of time in a hearing on the case to the applicant,\nappellant or other person aggrieved under § 15.2-2314, and the staff of the\nlocal governing body. Except for matters governed by § 15.2-2312, no action\nof the board shall be valid unless authorized by a majority vote of those\npresent and voting. The board may make, alter and rescind rules and forms for\nits procedures, consistent with ordinances of the locality and general laws of\nthe Commonwealth. The board shall keep a full public record of its proceedings\nand shall submit a report of its activities to the governing body or bodies at\nleast once each year.\n\nD. Upon request of the board of zoning appeals, the governing body shall\nconsider appropriation of funds so that the board may employ or contract for\nsecretaries, clerks, legal counsel, consultants, and other technical and\nclerical services. If a board has needs that surpass the budgeted amount, the\ngoverning body shall review the board’s request. Members of the board may\nreceive such compensation as may be authorized by the respective governing\nbodies. Any board member or alternate may be removed for malfeasance,\nmisfeasance or nonfeasance in office, or for other just cause, by the court that\nappointed him, after a hearing held after at least 15 days’ notice.\n\nE. Notwithstanding any contrary provisions of this section, in the Cities of\nPortsmouth and Virginia Beach, members of the board shall be appointed by the\ngoverning body. The governing body shall also appoint at least one but not more\nthan three alternates to the board.\n\nHISTORY: Code 1950, \u00a7\u00a7 15-825, 15-850, 15-968.8; 1950, pp. 176, 489; 1952, c.\n688; 1962, c. 407, \u00a7 15.1-494; 1975, c. 641; 1976, c. 642; 1977, c. 172; 1982,\nc. 3; 1989, c. 27; 1992, c. 47; 1997, cc. 570, 587; 1998, cc. 346, 520, 528;\n1999, c. 838; 2002, cc. 205, 545; 2007, c. 813; 2009, c. 734; 2010, c. 705;\n2015, cc. 406, 407, 597; 2019, c. 703; 2020, cc. 11, 1006; 2021, Sp. Sess. I, c.\n355; 2022, c. 249.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}