                                 CODE OF VIRGINIA

BOARDS OF ZONING APPEALS TO BE CREATED; MEMBERSHIP, ORGANIZATION, ETC (§
15.2-2308)

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 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 &#xA7; 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&#8217;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 &#xA7; 15.2-2314, and the staff of the
local governing body. Except for matters governed by &#xA7; 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. 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&#8217;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&#8217; 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.

HISTORY: Code 1950, §§ 15-825, 15-850, 15-968.8; 1950, pp. 176, 489; 1952, c.
688; 1962, c. 407, § 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.