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Conduct a
public hearing and consider adoption of the
attached
Ordinance.
Staff
Report:
Code of
Virginia Section 15.2-2308.A. states that every locality
that enacts a zoning ordinance shall establish a board of
zoning appeals that shall consist of either five or seven
members. The Fauquier County Zoning Ordinance historically
provided for a five member BZA. The Ordinance was amended
in 1990 to increase the number of BZA members to seven after
it was discovered during the course of litigation against
the BZA that seven members were appointed by the Fauquier
County Circuit Court and serving terms.
In addition
to reducing the salary expenditures and other expenses of
the BZA, reducing the number of members will also allow the
Board to reduce both the quorum requirement of four to three
members. A reduction in the number of members will also
reduce the number of affirmative votes from four to three
under Code of Virginia Section 15.2-2312 which
requires a majority of the membership of the BZA, not a
majority of the quorum present, 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 ordinance or to
effect any variance from the ordinance.”
The
Planning Commission held a public hearing on January 28,
2010 on this Ordinance and they moved it to the Board of
Supervisors with a recommendation of approval.
The
Ordinance as attached and suggested includes a resolution
that limits the BZA members’ compensation to only the
meetings in which the member attends at least fifty percent
(50%) of the scheduled meeting, including the work session.
There is a
provision in the State Code that allows Fauquier County to
request that the Fauquier County Circuit Court appoint one
to three alternate members to serve on the BZA in the event
that a member cannot attend. Code of Virginia
Section 15.2-2308.A. states: “At the request of the local
governing body, 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. 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 twenty-four hours prior to the meeting of such
fact. The chairman shall select an alternate to serve in the
absent or abstaining member'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.” Although
this option would appear to further assist the BZA with the
ability to assemble a quorum, it is unclear whether the
appointed alternate(s) would be able to prepare for and
attend a BZA meeting with as little as 24 hours notice. If
over the course of the next year the BZA has problems with
full Board attendance, the Board of Supervisors could
request that the Circuit Court appoint one to three
alternates at that time. |