HomeMy WebLinkAboutVA200300010 Correspondence 2003-09-15 ZG� 200 3 �lc.cr_
to place the matte discussion in the exact position it c pied before it was
voted upon.
J. Motion for Rehearing. Any decision made by the BZA may be reheard upon the
granting of a motion for rehearing approved by at least three affirmative votes.
The motion may be made only after consideration of a written application by the
person requesting rehearing, which shall be filed within thirty (30) days after the
date of the BZA's original final decision. The BZA may grant the motion if it
finds that the decision has not already been appealed to the Circuit Court and: (1)
new evidence can be presented that, in the opinion of the BZA, is relevant and
material to the decision but could not have been presented at the original hearing;
or(2) in the opinion of the BZA, one or more relevant and material conditions or
situations have changed so as to bear on the BZA's original decision. If the BZA
grants the motion, it shall set the date for rehearing. Notice of the rehearing shall
be provided as otherwise required for the matter being reheard.
6. Date of Final Decision
For the purpose of calculating the time in which an aggrieved party may submit a petition
for writ of certiorari in Circuit Court requesting the court to review the decision of the
BZA, the date of the BZA's final decision shall be the date on which the BZA took its
final vote on the merits of the matter. The date of the BZA's final decision shall not be
extended if the BZA later adopts a written decision. Nothing in this rule prevents the
BZA from obtaining a consensus on a matter to be decided and requesting one or more of
the parties to prepare a proposed written decision to be considered when a final vote is
taken.
7. Amendment of Rules of Procedure
These Rules of Procedure may be amended by a majority vote of the BZA at the next
regular meeting following a regular meeting at which notice of the motion to amend is
given.
8. Suspension of Rules of Procedure
These Rules of Procedure may be suspended by the majority vote of the members of the -
BZA present and voting. The motion to suspend a rule may be made by any member of
the BZA. Upon a proper second, the motion may be discussed and voted. The effect of
the motion to suspend a rule, if approved, is to make that rule inapplicable to the matter
before the BZA; provided, however, approval of a motion to suspend the rule shall not
permit the BZA to act in violation of a requirement mandated by the Code of Virginia,
the Constitution of Virginia, or any other applicable law.
9. Rules of Procedure not Covered by These Rules of Procedure
Any rules of procedure not covered by these Rules of Procedure shall be governed by the
current Robert's Rules of Order.