Mathews County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 18
Administrative Bodies and Their Responsibilities
§ 175-18.1 Zoning Administrator.
A.
This chapter shall be administered and enforced by a Zoning Administrator who shall be appointed by the governing body and shall serve at the pleasure of that body. He may be provided with the assistance of such other persons as the governing body may direct. Compensation for the Administrator shall be fixed by of the governing body.
B.
The Zoning Administrator shall have the following duties:
(1)
Upon finding that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violation(s) indicating the nature of the violation(s) and ordering the action necessary to correct such violation(s);
(2)
Order discontinuance of illegal uses of land, building, or structures;
(3)
Order removal of illegal buildings or structures or illegal additions, alterations, or structural changes;
(4)
Order discontinuance of any illegal work being done;
(5)
Take any other action authorized by this chapter to ensure compliance with or to prevent violations of this chapter. This may include the issuance of and action on zoning permits and such similar administrative duties as are permissible by/under the law; and
(6)
Other duties as may be assigned by the governing body or the County Administrator.
§ 175-18.2 Planning Commission.
For the purpose of this chapter, the Planning Commission shall have the following duties:
§ 175-18.3 Board of Zoning Appeals (BZA).
A.
A Board of Zoning Appeals is hereby created, which shall consist of five members who shall be appointed by the Circuit Court of Mathews County.
(1)
Their terms of office shall be for five years each, except that original appointment shall be made as follows:
(2)
The secretary of the Board shall notify the Circuit Court at least 30 days in advance of the expiration of any term of office and shall also notify the Circuit Court promptly if any vacancy occurs. Appointments 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 Mathews County, except that one may be an active member of the Planning Commission. A member whose term expires shall continue to serve until his successor is appointed and qualifies.
(a)
Members shall serve without compensation other than for reasonable and necessary expenses unless otherwise provided by the governing body.
(b)
Any member of the Board may be removed for malfeasance, misfeasance, or nonfeasance in office, or other just cause, by the Circuit Court of Mathews County, after hearing held after at least 15 days' notice; notice to be served upon the member by hand delivering or sending by certified mail, return receipt requested, a copy of all charges against him.
(c)
The Board shall elect from its own membership a Chairman, Vice-Chairman, and Secretary, who shall serve annual terms and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board. The Board may make, alter, and rescind rules and forms for its procedures, consistent with ordinances of Mathews County and general laws of the commonwealth. The Board shall keep a full public record of its proceedings and shall submit a report of its activities to the Board of Supervisors at least once at year.
(d)
Within the limits of the funds appropriated for its use by the Board of Supervisors, the Board of Zoning Appeals may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services.
B.
Proceedings of the Board of Zoning Appeals. The Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each 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 a public record and be immediately filed in the office of the Board. For the conduct of any hearing or the taking of any action, a quorum shall not be less than a majority of all members of the Board.
C.
Duties of the Board of Zoning Appeals.
(1)
In exercising its duties, the Board may, as long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from the Administrator and may make such order, requirement, decision, or determination as ought to be made. For the purpose of this chapter, the Board has the following specific responsibilities:
(a)
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Administrator;
(b)
To authorize such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done;
(c)
To hear and decide upon applications for interpretation of the district map where there is any uncertainty as to the location of a district boundary. After notice to the owners of the property affected, and after public hearing with notice as required by § 15.1-431 of the Code of Virginia, 1950, as amended, the Board may interpret the map in such way as to carry out the intent and purpose of the ordinance for the particular section or district in question. The Board shall not have the power to change substantially the locations of district boundaries as established by this chapter.
(2)
No provisions of § 15.1-495 of the Code of Virginia, 1950, as amended, shall be construed as granting the Board the power to rezone property or amend this chapter.
§ 175-18.4 Duties of Zoning Administrator, Board of Zoning Appeals, and courts on matters of appeal.
It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Administrator, that such questions shall be presented to the Board only on appeal from the decision of the Administrator, and that recourse from the decisions of the Board shall be the courts as provided by law.
§ 175-18.5 Duties of governing body.
A.
It is the intent of this chapter that the duties of the governing body in connection with this chapter shall not include hearing and deciding questions in interpretation and enforcement that may arise. The procedure for deciding such questions shall be stated in this article of this chapter. Under this chapter, the governing body shall have the duties of considering and adopting or rejecting proposed amendments, rezoning requests, or the repeal of this chapter as provided by law; considering and approving or rejecting applications for conditional use permits; and of establishing a schedule of fees and charges.
B.
Applications for conditional use permits as may be authorized by this chapter. The governing body may impose such conditions relating to the use for which a conditional use permit is granted as it may deem necessary to ensure compliance with the provisions and intent of this chapter and may require a guarantee of bond to insure that the conditions imposed are complied with. No conditional use permit may be granted except after notice and public hearing as provided in § 15.1-431 of the Code of Virginia, 1950, as amended.