You are on page 1of 7
BYLAWS & RULES OF PROOCEDURE, OF THE BOARD OF ZONING APPEALS OF THE TOWN OF ABINGDON, VIRGINIA Adopted Section 1.1 Applcable Legislation. The Board of Zoning Appeals ("824") hereinafter the “BOARD” or "BZA", is established pursuant to Section 15.2-2308 of the Code of Vignla and governed by Article 22 of the Zoning Ordinance ofthe Town of Abingdon. Other legislation applicable tothe Board includes the Vieginia Freedom of information Acton (Title 2.2, Chapter 37 ofthe Code of Virgina) and the State and Local Government Confit of Interests Act (Title 2.2, Chapter 31 of the Code of Vigna), Section 1.2 Membership. The composition ofthe fie (S}member 82A Board shall be five (5) voting ‘members and one (3) non-oting member appointed as follows: Section 1.2.2 Voting Members. The voting members ofthe BZA are appointed by the Town of, ‘Abingdon Town Counclin accordance withthe Town of Abingdon Code of Ordinances and the Code of Virginia, Section 1.2:b Non-Voting Member. The Director of Planning or his/her designee shall _adaltonaly serve 352 non-voting member and shall serve asthe Secretary to the Board, These members seve ex officio. Section 1.3 Attendance and Removal. Section 13.2 Attendance. Allvoting and non-voting members ofthe BZA are expected to attend every regular business meeting of the fullboard. No member shall be permitted more than three (3) un-excused absences from the meetings and work sesions ofthe Board in any ‘calendar year. The Secretary shall ntily ary member ofthe Board when he or she is ‘approaching the maximum numberof absences and note such notification onthe record. When Informed in advance ofthe meeting, the Chair may excuse absonces for just cause and request the Secretary to note the excused absence onthe record Section 1.3.b Removal. Any member ofthe BZA may be removed for malfeasance In office by the Town Council without imitation, Additionally, Ifa member exceeds three (3) un-excused absences, the Secretar shall report the absences tothe Town Manager or his/her designee for ther report othe Town's Mayor fr appropriate action, upto and including removal and replacement of the member tothe Boar. Section 1.4 Officers. The BZA officers shall be 2 Charman, Vice-Chairman and Seeretary, Section 1.5 Election of officers. By a simple majority ofthe voting members present, the BZA shal elect a Chairman and Vice-Chairman in January, or the fist regular business meeting, of lech year. Each officer's term of service shal begin atthe conclusion of the meeting at which the election takes place and continue through the meeting at which his/her succestor i laced Inthe event that a quorum does not exist atthe January meeting, the BZA shal elect officers a ‘Tec Abngion nebo Tonng pea Sys les reer ete 1 ups 208) Paget the next regular busines meeting at which a quorum is established. Inthe event thata vacancy is created due to an officer not being reappointed, the BZA shal elect from Its membership an Individual to serve out the remainder of theofficial term untl elections the following yea. Section 1.6 Term Limits. In order to encourage more fui exchange of ideas and stronger ‘oversight ofthe BZA through regular organization turnover Section 2.6.2 No officer elected in accordance with Secion 1.5 above shall ave more than two 2} consecutive one (1)-yeartermsin the same office. Section 2.6.6 A period of twelve (12] months must pass prior to the election ofa ‘member to an office previously held for two (2) consecutive terms. Section 1.6.¢ Any BZA member elected tofillthe remainder of an expired term of any officer may subsequently be elected for two (2) additional full tems inthe same ofice without violating the provisions of Section 1.6.2 above. Section 1.6. All members serve a ive (5) year term and shall serve ntl thele respective successors are appointed. fat anytime all five postions onthe board are vacant, the board members shall be appointed for staggered terms, one member to serve for one (1) year, one member to serve fortwo (24ers, one member to serve for ‘three (3-year, etc. Vacancies caused by death, resignation or otherwise shall be filed promptly nd in any event nat more than ninety (90) days following the date on which ‘the vacancy occurs. Insuch case of vacancy, members will be appointed by Town, Counc to fulfil the remaining portion ofthe vacant seats term. Members may seve up tomo (2) consecutive fl terms. Portions of terms served du to vacancies shall net be counted towards the 2term limit Section .7 Qualification and Duties of Membership. The quaifetions and duties ofthe ‘membership, including the officers areas fellows: Section 1.7.2 Qualifcatons of Membership. Generally, memters shallhave a demonstrated Interest, competence or knowledge in oning matters and/or law. Allmembers must be residents and qualified voters of the town. One ofthe five members must be an active member ofthe Planning Commission. ‘Section 1.7.b Duties of Membership. Per Article 22 ofthe Cade ofthe Town of Abingdon, the ‘Board is established and empowered to consider and review al appeals from decisions made by an administrative officer, appeals for varances, and anyother cases so designated by the Cade or State Lav, Section 1.7.¢ Duties ofthe Chairman. The Chsieman shal presfe over all meetings at which fhe present. The Chairman shall serve as the primary Faison te Town staf and, as necessary, shall epresent or appoint another Board member to represent the GZA before the Town Counc! Tnanagios aol tounp ype Spon an files of Proce (Ade 1 Aa 2015), Page 2 corother boards and commissions. The Chairman may, ass determined necessary fram time to ‘ime, calla meeting of the 82A fora date and/or time ether than the regularly designed date 2nd time. The Chairman shall coordinate this with Town stato ensure time for proper notification and advertizement protocols. Section 1.7.4 Dutles of Vice-Chaleman. The Vice-Chairman shal discharge the duties of the ‘Chaleman during the absence or cisablty of the Chairman. Section .8 Committees ofthe Board. As necessary, the BZA may create committees from is ‘membership to address issues pertinent tothe activites or procedures of the Board. Any such committee thus created shall have such membership requirements, terms, and powers as determined appropriate by the BZA. The Chairman shall be a member ex ofcio of any such committe. Section 1.9 Meetings. Section 1.9.2. Regular Business Meetings. Unless otherwise designated, regular business ‘meetings ofthe BZA shall beheld on the second (2nd) Tuesday of each month beginnirg at ‘5:30pm in the Arthur Campbell Room on the first (25 floor of Town Hall. It shall be the practice (ofthe BZA to hold public hearings onthe application caseload during the regular business meeting. Section 1.9.8 Special Meetings. Special meetings may be called by the chalrman or seretary, provided atleast five (5) days written notice of such meeting is given each member. Section 1.9.¢ Quorum. Amsjority of the Board sh constitute a quorum, Section 1.9.4 Parliamentary Procedure. The Board stall follow Robert's Rules of Or {guidelines only and at the sole discretion of the Chairman. Section 1.9.¢ Adjournment. The Board may adjourn a meeting ia applications or appeals ‘cannot be disposed of on the meeting day, and, if the meeting is continued toa dete certain, no further pubic notice shall be necessary fora continuation of such meeting Section 2 Voting & Communications. ‘Section 2.1 Voting Rights. All members shallbe required to vote on matters before the Board, unless s/he has determined that s/he has a confit of interest as defined bythe Virgina Confit ‘of interests Ac, has requested to be excused, and permission has been granted by the ‘Chairman. Inthe event that a member is excused from voting, s/he must excuse themselves ‘rom the dais and may aot participate in any discussion or communicate with any party uring the hearing. Section 2.2 Ex Parte Communications. All hearings ofthe BZA shall be quasbjudcal in nature {As such, no applicant or other party in interest, shall intiate any contact with # member ofthe ‘Board or staff forthe purpose of conducting a private dscusion in person, by telephone, eal Swan lero Pree ane 1 ages 205) Page 3 ‘or other electronic means, concerning the mes of any application, appeal or other matter before the Board. Site vss or similar contacts inhiated by the Secretary or by members ofthe ‘oard shallot constitute ex parte contact. any member is contacted by a party in interest, attorney for such party, or other interested person with reference toa matter pending before {the Boar, the Bard member shall respectuly inform the party ofthe restrictions which this ule imposes, and of the right ofthe party t2 make a full presentation tothe entire Board at @ public hearing and prompty discontinue the discussion. Furthermore it shall be required that ‘any Board member who engages in any comvact outside ofthe public hearing to disclose that ‘during the course ofthe public hearing and 1 enumerate the details of such ex parte contact. Section 3 Procedure for Hearing Cases. The board hs jurisdiction to hear three types of matters as listed in the Code of Virginia §15.2-2508 1), Variances 2) Appeals 3) Interpretations ofthe Zoning Ordinance Section 3.1 Requirement to follow State Law. In granting any such hearing, the BZA shall be required to follow the Code of Virginia with respect to decisions made in such matters. The Board shall not consider any requests fr “iformal advice" Section 3.2 Applications for Hearing. Any zppication for a hearing by the Board shall be fled ith the Zoning Adminstrator or his/her designee on a form provided bythe Town, along with all documentation necessary to advice the Board fll, and any applicable fees. in addition, it shall from time to time be necessary for putic hearings to be advertised. Per state aw, the burden of such costs for advertisement shallbe borne by the applicant Section 3.3 Representation. The applicant may appear on thelr own behalf or be represented by anattomey or other agent at the hearing. Inthe absence by the party who requested the ‘review, the Board may dispose ofthe matter on the record before it after hearing comments of the Secretary and, as necessary rom the Zoning Administrator. Section 3.4 Time mits at Hearings. The Beard may, by consensus, modify the suggested time limits provided withthe hearing procedures set forth bythe Board. The Chairperson shall enforce time liits to allow fai and judicious presentation of the matters under review. Section 4, Records A complete fle on each appeal or application shall be xept by the Secretary as part ofthe records ofthe Board. All such records of the Board shall be a matter of public recor ‘nel ing lardttoaag pee wr Rl of Podre (Apa 8 Ait 2015) Page + ‘Adopted this day of ww. Chairman, bate Secretary ite Town Attorney bate “anor hegion Boorse Zong oper pen sd ales of raced Ape 18 Aap 2015) Pages ‘MISSION STATEMENT OF THE ‘TOWN OF ABINGDON, VIRGINIA. BOARD OF ZONING APPEALS The Town of Abingdon, Virginia's Board of Zoning Appeals, (hereinafter, BZA"), is quasi-judicial board consisting of five (5) members appointed per the Code of Ordinances of the ‘Town of Abingdon, §22-I-1 through §22-7-4, by the Council of the Town, The mission of the BZA shall be to hear and decide upon appeals of an administrative nature as well as matters regarding applications for special permits and variances, Said decisions shall be based upon standards in accordance with and consistent tothe Code of Ordinances of the Town of Abingdon, Which shall not be arbitrary oF contrary to the public interest.