CONSENT AGENDA REQUEST

Sponsor:

Board of Supervisors Meeting Date: 

R. Holder Trumbo, Jr., Chairman, Scott District Supervisor

December 10, 2009

Staff Lead:

Department: 

Tracy A. Gallehr, Deputy County Attorney

County Attorney

Topic: 

A Resolution to Initiate a Zoning Ordinance Text Amendment to Section 14-203 to Reduce the Number of Board of Zoning Appeal Members From Seven to Five and Section 14-205 to Reduce the Quorum Requirement from Four to Three Members

Topic Description:

The proposed text amendment will reduce the number of members appointed by the Fauquier County Circuit Court to the Fauquier County Board of Zoning Appeals to five.  The text amendment would also reduce the quorum requirement to three members.

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.”

Requested Action of the Board of Supervisors: 
Consider adoption of the attached resolution. 

Financial Impacts Analysis:

No financial impact analysis was conducted.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Department of Community Development, Zoning Office
County Attorney’s Office
Board of Zoning Appeals