(A) The Board shall also adopt rules for the conduct of its meetings.
(B) Such rules shall, at the minimum, require the following.
(1) The presence of a majority of all members of the Board shall constitute a quorum.
(2) No action shall be taken by the Board on any case until after a public hearing and notice thereof. Notice of such hearing shall be published once a week for two successive weeks in a local newspaper of general circulation, not less than six days nor more than 21 days after the second advertisement appears. A written notice of the hearing of the appeal shall be sent by mail to the applicant and all directly affected property owners at least ten days before the hearing of the appeal. The notice to the appellant shall be sent by registered mail.
(3) Appeals to the Board shall be taken within 30 days after the decision appealed from by filing with the Zoning Administrator and with the Board, a notice of appeal specifying the grounds of the appeal. The Zoning Administrator shall then transmit to the Board all the papers constituting the record upon which the action was taken.
(4) The Board shall fix a reasonable time for hearing the application or appeal, give public notice thereof as well as notify interested parties and decide the same within 60 days.
(5) The Board may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from. 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 any matter upon which it is required to pass under the ordinance or to effect any variance from the ordinance.
(6) The Board shall keep minutes of its proceedings and other official actions which shall be filed in the office of the Board and shall be public records. The Chairperson of the Board, or in his or her absence, the Vice Chairperson, may administer oaths and compel the attendance of witnesses.
(7) The Board may call upon any other office or agency of the town for information in the performance of its duties, and it shall be the duty of such other agencies to render the information to the Board as may be reasonably required.
(8) Any office, agency or department of the town or other aggrieved party may appeal any decision of the Board to the Circuit Court of the county as provided for in VA Code § 15.2-2314, as amended.
(9) In decisions on variance or conditional use, the Board shall indicate the specific section of this chapter under which the variance or conditional use is being considered, and shall state its findings beyond such generalities as “in the interest of public health, safety and general welfare.” The Board shall state clearly the specific conditions imposed in granting the variance ordinance or conditional use permit. For variance cases pertaining to hardship, the Board shall specifically identify the hardship warranting such action by the Board.
(10) At the public hearing of the case before the Board, the appellant shall appear in his or her own behalf or be represented by counsel or agent. The appellant’s side of the case shall be heard first and those in objection shall follow. To maintain orderly procedure, each side shall proceed without interruption from the other.
(11) The Town Planning Commission shall be permitted to submit an advisory opinion on any matter before the Board, and such opinion shall be made part of the record of the public hearing.
(1996 Code, § 176-173)