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ARTICLE 1. AUTHORIZATION
1-1. This Board of Zoning Appeals is established in conformance with Section 24.13 of the Gate City, Virginia Town Code; and in accord with the provisions of Section 15.1-494, Code of Virginia (1950), as amended.
1-2. The official title of this board of zoning appeals shall be "Gate City Board of Zoning Appeals", hereinafter referred to as the "BZA".
ARTICLE 2. OFFICERS
2-1. The BZA shall organize; and annually elect a chairman, vice-chairman, and secretary in the month of March.
2-2. The chairman shall preside at meetings and hearings of the board, shall decide points of order or procedure, and shall appoint any committees that are found to be necessary.
2-3. The vice-chairman shall assume the duties of the chairman in the chairman's absence.
2-4. The secretary shall handle correspondence subject to these rules at the direction of the BZA; shall send out notices required by these rules; shall keep the minutes of the BZA's proceedings; and shall keep a file on each case which comes before the BZA.
ARTICLE 3. MEETINGS
3-1. Regular meetings of the BZA for the hearing of cases shall be held on the fourth Monday of each month at seven (7) p.m., unless no cases are pending, in which instance no meeting shall be held.
3-2. Special meetings may be called by the chairman, provided at least two (2) days' written notice of such meeting is given each member.
3-3. A majority of the BZA shall constitute a quorum.
3-4. Business conducted at meetings of the BZA shall follow Robert's Rules of Order.
3-5. The BZA may adjourn a meeting if all applications or appeals cannot be disposed of on the meeting day, and no further public notice shall be necessary for a continuation of such meeting.
ARTICLE 4. PROCEDURE FOR HEARING CASES
4-1. Appeals to the BZA may be taken by any person affected by a decision of the zoning administrator and by applicants for a variance. Such appeal shall be filed with the zoning administrator on the form provided by the BZA. The zoning administrator shall transmit the appeal to the secretary of the BZA along with all papers constituting the record of action upon which the appeal is based.
4-2. The applicant shall provide the secretary with all information requested on the form provided by the BZA and any such additional information and data as may be required to advise the BZA fully with reference to the application for appeal. Applications for appeal must be made on the proper form.
4-3. An application for appeal filed according to the above procedure shall be assigned a case number within five (5) days. This case number will consist of the last two digits of the current year, followed by a hyphen and a sequential number starting each year with the number one (1) (Ex. 93-1). Applications for appeals will be heard in the order they are received.
4-4. The secretary of the BZA shall notify all interested parties of the public hearing, schedule the case, and give public notice in accordance with Section 15.1-431, Code of Virginia (1950), as amended.
4-5. The applicant may appear in his own behalf at the public hearing, or be represented by counsel or an agent.
Both the applicant and zoning administrator may speak to the appeal and any private citizen may speak for or against the issue. The applicant shall be given an opportunity for a final rebuttal.
4-6. The final decision on any appeal to the BZA shall be in the form of a resolution approved by a quorum of the BZA.
4-7. The BZA shall notify the interested parties and the zoning administrator of the decision within sixty (60) days of the conclusion of the hearing.
ARTICLE 5. RECORDS
5-1. A complete file on each appeal shall be kept by the secretary as part of the records of the BZA.
5-2. All records of the BZA shall be a public record.
ARTICLE 6. AMENDMENTS
6-1. These bylaws may be amended at a regular or special meeting of the BZA upon an affirmative vote of three or more members of the BZA, not less than seven (7) days after the proposed amendment was presented at a BZA meeting.
End of File