[Code 1991, § 3-146]
The name of the Board described in this division is the Board
of Zoning Appeals of the City of Fredericksburg.
[Code 1991, § 3-147]
[Code 1991, § 3-148; Ord. No. 09-28, 6-23-2009]
A.
Composition. The Board of Zoning Appeals shall consist of five residents
of the City who shall be appointed by the circuit court of the City.
The City Council may submit nominations to the court.
B.
Term of members. The term of office shall be five years, except that
original appointments shall be made for such terms that the term of
one member shall expire each year.
C.
Vacancies. 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.
D.
Reappointment of members; expiration of term. Members may be reappointed
to succeed themselves. A member whose term expires shall continue
to serve until his successor is appointed and qualifies.
E.
Removal of members. Any Board member may be removed for malfeasance,
misfeasance or nonfeasance in office, or for other just cause, by
the court which appointed him, after a hearing held after at least
15 days' notice.
F.
Members holding other public office. Members of the Board shall hold
no other public office in the City except that one may be a member
of the local Planning Commission.
G.
Alternates. At the request of the City Council, the circuit court
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.
H.
Absence from meetings. A regular member when he knows he will be
absent from a meeting shall notify the chair 24 hours prior to the
meeting of such fact. The chair shall select an alternate to serve
in the absent member's place and the records of the Board shall so
note.
I.
Officers. With the exception of its secretary, the Board shall elect
from its own membership its chair, vice-chair and any other officers,
who shall serve annual terms as such and may succeed themselves. The
vice-chair shall act in the absence of the chair. The Board may elect
as its secretary either one of its members or a qualified individual
who is not a member of the Board. 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, a quorum shall be not less than a
majority of all the members of the Board. No action of the Board shall
be valid unless authorized by a majority vote of those present and
voting. The concurring vote of a majority of the membership of the
Board shall be necessary to reverse any order, requirement, decision
or determination of an administrative officer or to decide in favor
of the applicant on any matter upon which it is required to pass under
the City Code or to effect any variance from the zoning ordinance.
The Board may make, alter and rescind rules and forms for its procedures,
consistent with ordinances of the City and general laws of the commonwealth.
The Board shall keep a full public record of its proceedings, including
minutes, records of all evidence presented, and the votes of each
member. The Board shall submit a report of its activities to the City
Council at least once each year.
J.
Employees and consultants. Within the limits of funds appropriated
by the City Council, the Board may employ or contract for secretaries,
clerks, legal counsel, consultants, and other technical and clerical
services.
[Code 1991, § 3-149]
A.
The meetings of the Board of Zoning Appeals shall be held at the
call of the chair, and at such other times as a quorum of the Board
of Zoning Appeals may determine. All hearings of the Board of Zoning
Appeals shall be open to the public.
B.
Each member of the Board of Zoning Appeals shall be paid a minimum
of $10 for each meeting which he attends; provided, however, that
the annual appropriation made by the City Council for this purpose
shall not be exceeded. A transcript of that portion of the minutes
showing the names of the members in attendance shall be forwarded
to the City Manager for use as a voucher.
C.
The Zoning Administrator or his designated assistant shall attend
all meetings of the Board of Zoning Appeals, and participate in the
discussions and other activities of the Board, but shall not have
the power to vote.
D.
The Board of Zoning Appeals shall transmit to the Planning Commission
a copy of every appeal or application made to the Board of Zoning
Appeals and shall notify the commission of all hearing dates.
