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By-Laws
ARTICLE I. OFFICERS:
1-1. The Board shall consist of five (5) residents of the County and shall organize
and elect a Chairman, and Vice-Chairman annually in the month of January. (9/4/85),
(10/2/01)
1-2. The Chairman shall preside at all meetings and hearings of the Board, he shall
decide all points of order or procedure and shall appoint any committees that may
be found necessary. (9/4/85)
1-3. The Vice-Chairman shall assume the duties of the Chairman in his absence.
1-4. The Zoning Administrator shall serve as the Secretary and shall conduct all
official correspondence subject to these rules at the direction of the Board; shall
send out all notices required by these rules of procedure; keep the minutes of the
Board's proceedings; and keep a file on each case which comes before the Board.
(10/2/01)
1-5. The Board shall have two (2) alternate members whose qualifications, terms
and compensation shall be the same as those of regular members. A regular member
when he knows he will be absent from a meeting shall notify the Secretary at least
twenty-four hours prior to the meeting. The Chairman shall select an alternate to
serve in the absence of a member and the records of the board shall so note. (10/2/01)
ARTICLE II. MEETINGS:
2-1. A Regular meeting of the Board of Zoning Appeals for the Hearing of cases shall
be held on the first Tuesday of each month at 7:00 P.M., unless no cases are pending,
in which case no meeting shall be held. (9/4/85), (10/3/85), (10/2/01)
2-2. Special meetings may be called by the Chairman, provided that at least five
(5) days noticeof such meeting is given each member (in writing); provided further
that the requirement for five days notice may be waived in writing and presence
of a member shall be deemed a waiver of notice by him of any such meeting.
2-3. A quorum shall consist of three members or a simple majority if the Board has
more than five (5) members.
2-4. The order of business at all Regular meetings of the Board shall be as follows:
(a.) Ascertainment of quorum; (b.) Reading of the minutes of previous meeting; (c.)
Unfinished business; (d.) Hearing of Cases; (e.) New Business.
2-5. The Board may adjourn a Regular meeting of all applications or appeals that
cannot be disposed of on the day set, and no further public notice shall be necessary
for such a meeting. (9/4/85)
ARTICLE III. PROCEDURE FOR HEARING CASES:
3-1. Appeals to the Board of Zoning Appeals may be taken by any person affected
by any decision of the Zoning Administrator and by applicants for a variance to
the zoning ordinance. Such appeal shall be filed with the Zoning Administrator.
The Zoning Administrator will transmit the application to the Board along with all
papers constituting the record upon which the action was taken. (9/4/85), (10/2/01)
3-2. The applicant shall provide the Secretary with such information and data as
may be required to advise the Board fully with reference to the application.(10/2/01)
3-3. An application shall be given a case number within five (5) days from the date
filed and scheduled for a public hearing within ninety (90) days. (10/2/01)
3-4. The Secretary of the Board shall notify the parties in interest of the time
scheduled for the Public Hearing of the case and file public notice in a newspaper
of general circulation in accordance with Section 15.2-2204 & 2205. (10/2/01)
3-5. At the time of the Public Hearing, the applicant may appear in his own behalf
or be represented by counsel or agent. The applicant's statement shall be made,
first, followed by that of the Zoning Administrator and any private citizen for
or against the proposal.
3-6. Final decision on any variance or application for appeal to the Board of Zoning
Appeals shall be in the form of a resolution which must be approved by a quorum
of the membership of the Board. (10/2/01)
3-7. Within thirty (30) days after the hearing, the Board shall notify the parties
of interest and the Zoning Administrator of its decision.
ARTICLE IV. RECORDS:
4-1. A file of all material and decisions relating to each case shall be kept by
the Secretary as part of the records of the Board of Zoning Appeals.
4-2. All records of the Board shall be a Public Record.
ARTICLE V. AMENDMENT:
5.1. These bylaws may be amended from time to time as deemed necessary by a majority
vote of the Board of Zoning Appeals.
Date of Approval of By-Laws:
October 13, 1969
Date of Last Revision: 2 October 2002
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