Rules of Procedure
HENRICO COUNTY, VIRGINIA
ADOPTED SEPTEMBER 23, 1965
|Suspension of Rules|
|Procedure for Rehearing Cases||
|Dismissal of Cases|
- The Board shall organize and elect a Chairman and a Vice Chairman annually in the month of August.
- For the purpose of these rules, the term Chairman shall include Vice Chairman and the term Secretary shall include Acting Secretary.
- The Chairman shall preside at all meetings and hearings of the Board and shall decide all points of order of procedure. The Chairman may designate members of the Board to make a personal inspection of the premises when necessary. The Chairman, or in his absence the Vice Chairman, may administer oaths and compel the attendance of witnesses.
- The Secretary shall be a salaried county employee appointed by the County Manager and shall conduct all official correspondence of the Board, send out all notices required by these rules of the Board, attend all meetings and hearings of the Board, shall scrutinize all appeals and applications to see that these rules and all pertinent requirements of the County Code are complied with, keep the agendas and the minutes of the Board’s proceedings, keep the necessary files and indexes on each case which comes before the Board and generally supervise all the clerical work for the Board. The Secretary shall notify the applicant of the final action of the Board. The Secretary will see that all maps and plats are properly and adequately prepared so as to convey all the information necessary to the making of a fully informed decision. The Secretary shall be provided with a minute book which he shall be responsible for keeping posted to date, and in which he shall have entered the number of appeal or application, the name of the applicant, description of the premises by parcel, lot, block, section or otherwise, the nature of the application, and the final disposition. The minute book shall record the resolution relating to each case acted on, together with a vote of each member of the Board, those absent being so marked, the date the decision was filed in the office of the Board together with all actions of the Board.
- Regular meetings of the Board of Zoning appeals shall be held on the 4th Thursday in each month, unless that day falls on a legal holiday, in which case the meeting will be held at the call of the Chairman.
- Special meetings may be called by the Chairman, provided at least 24 hours notice of such meeting is given each member.
- A quorum of the Board shall consist of 3 members of the 5 member Board.
- Hearings shall be held by the Board in the Board Room of the County Administration Building in the Government Center at Parham and Hungary Spring Roads or in such other place as the Board may deem necessary.
- Hearings shall be open to the public but the board may go into executive session to discuss certain matters pursuant to meeting the requirements set forth in the Virginia Freedom of Information Act.
- The order of business at all regular meetings of the Board shall be as follows:
(a) Call to order.
(b) Hearing of cases on the agenda.
(c) Consideration of cases.
(d) Approval of minutes of previous meeting.
(e) Other business.
- a) Appeals to the Board, as authorized by law, shall be on forms prescribed by the Board and shall be filed with the Secretary provided such appeal is taken within 30 days of the decision of the Director of Planning and the grounds therefore are specified. Upon the filing of an appeal with the Director of Planning, he shall forthwith transmit to the Secretary of the Board all papers constituting the record upon which the action appealed from was taken.b) Applications authorized by law shall be on forms prescribed by the Board and shall be filed with its Secretary and shall set forth the grounds therefore.c) Such applications or appeals shall be accompanied by such fee as may be established by the Board of Supervisors, payable to the County of Henrico, Virginia and no such application or appeal shall be considered to be lodged or filed until such fee is paid. Such fee shall be returned only if the application is withdrawn prior to the advertisement in the newspaper.
- The applicant shall provide the Secretary with all information required by the form prescribed and any such additional information as may be required by the Secretary to advise the Board fully with reference to the application or appeal, whether such information is called for by the official forms or not. No application or appeal will be considered by the Board unless it is made on the form required.
- Each appeal or other application properly filed as herein required, shall be numbered serially, and placed on the agenda of the Board by the Secretary. Applications or appeals will be assigned for hearing in the order in which they are received. The appeal numbers shall being anew on January 1st of each year, and shall be hyphenated with the number of the year in which said appeal or application is filed.
- a) Appeals or applications to be placed on the agenda of the Board must be received by the Secretary at least five (5) weeks prior to a regular meeting. A maximum of twenty-five (25) cases will be placed on each month’s agenda. If the twenty-five (25) case limit is reached prior to the five (5) week deadline, the agenda will be completed as of the date the twenty-fifth case is received.
b) Every application or appeal shall automatically be advertised once a week for two successive weeks in some newspaper published or having general circulation in the County. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, and shall be in conformance with the provisions of the Code of Virginia.c) In addition to the advertising as above required, written notice of the nature of the application or appeal shall be given at least fourteen days prior to the hearing to the owner of all abutting property and property immediately adjacent or adjoining or across any street, alley, or any other public way, from the property affected. The Secretary or his designee shall send such notices by first class mail, and file an affidavit with the papers in the case swearing that such mailings have been made. In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners’ association or proprietary lessees’ association, respectively, in lieu of each individual unit owner. The Secretary may give such additional notice to persons concerned as he in his discretion, deems advisable.
- Cases shall be heard in the order in which they appear on the agenda, except a case may be advanced for hearing by order of the Board upon good cause shown.
- At the time of the public hearing the applicant will be expected to appear in his own behalf or be represented. In the absence of any appearance by the applicant or his personal representative, the Board may proceed to dispose of the matter on the basis of the facts before it.
- At the hearing, the order shall be as follows:
a) Presentation of case by the Secretary.
b) Explanation and/or report by County Planner when pertinent.
c) Statement of applicant or appellant.
d) Statements of other persons in favor.
e) Statement by those opposed.
f) Applicant’s rebuttal.
The Chairman may prescribe a reasonable time limit for each side to present its case. To maintain orderly procedure, each side shall proceed without interruption by the other. Cross examination will not be permitted, but questions may be directed to the Chairman who may allow limited questioning. The name of each person speaking shall be recorded in the minutes.
- At the time for considering the case the Chairman may call for a motion or resolution for disposition as provided below or if the Board decides that it is not sufficiently informed, it may continue the case and may request further information or appoint a committee to view the property.
- The final disposition of any appeal or application shall be in the form of a resolution either sustaining, reversing, varying or modifying the order, requirement or determination appealed from, if it is an appeal: or if it is an application for special exception (conditional use), the resolution shall approve such application and authorize the issuance of a Special Use Permit, or shall deny the same. The resolution shall set forth what variations or modifications are permitted and what conditions, if any, shall be complied with. Said resolution shall refer specifically to the applicable provision in the County Code and shall set forth facts and findings in the case on which the decision is based, which shall be consistent with the requirements of law.
- The concurring vote of three members shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on a conditional use permit or a variance. In the case of an appeal, if the board’s attempt to reach a decision results in a tie vote, the matter may be carried over until the next scheduled meeting at the request of the person filing the appeal. The vote of each member present on each resolution shall be recorded with the resolution.
- In any case in which an application has been denied by the Board or withdrawn after having been filed, no such application shall be again considered by the Board within one year from the date of such refusal or withdrawal.
- All permits necessary for the prosecution of the work shall be taken out within two years from the date of authorization by the Board; otherwise, such authorization shall be considered void.
- No rehearing of any decision by the Board shall be had except on motion by a member of the Board who previously voted for the decision, which shall be made not later than the first regular meeting succeeding the meeting at which the resolution was acted on; such motion shall be to reconsider the vote, and shall be carried by not less than three (3) affirmative votes.
- No motion for a rehearing shall be entertained unless new evidence is submitted which could not reasonably have been presented at the original hearing. In all cases, the request for rehearing shall be in writing, reciting the reason for the request, and shall be accompanied by the necessary information, including a recitation of all evidence which could not reasonably have been presented at the original hearing.
- If a rehearing is granted, the case shall be put on the agenda for a rehearing. The same procedure as to notices shall be followed as in the original application.
- No informal request for advice will be officially considered.
- All records of the Board shall be a public record.
ARTICLE VII – SUSPENSION OF RULES
1. These rules may be suspended in whole or in part, only upon the unanimous vote of the members of the Board present.
1. Any application, appeal, motion, or rehearing may be dismissed for failure of the applicant to comply with these rules.
Revised 4/23/81, 8/6/99, 7/26/2001, 5/27/2004