Sec. 2-676. - Creation; membership; qualifications, appointment and term of office of members; filling of vacancies.

There is hereby created a board of zoning appeals, which shall consist of five (5) members who are residents of the City of Newport News appointed by the circuit court of the city. The term of office of board members shall be for five (5) years each. The secretary of the board shall notify the court at least thirty (30) days in advance of the expiration of any term of office and shall notify the court promptly if any vacancy occurs. Appointment to fill vacancies shall be only for the unexpired portion of the term. Members may be reappointed to succeed themselves. Members of the board shall hold no other public office in the city except that one (1) member may be a member of the city planning commission. A member whose term expires shall continue to serve until his successor is appointed and qualifies.

(Ord. No. 3374-85, § 1)

State law reference— Duty to create board and number, appointment and terms of members, Code of Virginia, § 15.2-2308.

Sec. 2-677. - Officers; rules of procedure; personnel and services; removal of members.

(a)

The board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves.

(b)

The board may make, alter and rescind rules and forms for its procedures consistent with ordinances of the City of Newport News and general laws of the Commonwealth of Virginia. The board shall keep a full, public record of its proceedings and shall submit a report of its activities to the city council at least once each year.

(c)

Within the limits of funds appropriated by the city council, the board may engage secretarial, clerical, technical or legal services.

(d)

Any board member may be removed for malfeasance or nonfeasance in office or for other just cause by the court which appointed him after a hearing held after at least fifteen (15) days' notice.

(Ord. No. 3374-85, § 1)

State law reference— Similar provisions, Code of Virginia, § 15.2-2308.

Sec. 2-678. - Compensation of members.

Members of the board shall receive as compensation for their services fifty dollars ($50.00) per meeting, not to exceed two (2) meetings per month.

(Ord. No. 3374-85, § 1; Ord. No. 5001-97)

Sec. 2-679. - Procedure for conducting meetings; quorum.

(a)

Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine except that meetings shall be held monthly when appeals, variances or special exceptions are to be acted upon under conditions prescribed in this Code. The board by resolution may fix a schedule of regular meetings, and may also fix the day or days to which any meeting shall be continued if the chairman, or vice chairman if the chairman is unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised for such meeting in accordance with § 15.2-2312 shall be conducted at the continued meeting and no further advertisement is required.

(b)

The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

(c)

All meetings of the board shall be open to the public.

(d)

The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the secretary of the board and shall be a public record.

(e)

A quorum shall consist of not less than three (3) members.

(f)

The concurring vote of not less than three (3) members shall be necessary to reserve any order, requirement, decision or determination of the department of codes compliance or to decide in favor of the applicant on any matter upon which it is required to pass under the zoning ordinance or to effect a variation from the zoning ordinance.

(Ord. No. 3374-85, § 1; Ord. No. 5944-03, § 1)

Secs. 2-680—2-684. - Reserved.