Northampton County Unincorporated
City Zoning Code
City Zoning Code
BOARD OF
ZONING APPEALS
§ 154.2.225 COMPOSITION OF BOARD.
(A) A Board of Zoning Appeals consisting of five members who are residents of the county shall be appointed by the Circuit Court of Northampton County, Virginia. The term of office of the members of the Board of Zoning Appeals shall be for five years except that the original appointments shall have been made for such terms so that the term of one member shall expire each year. One member of the Board of Zoning Appeals may be a member of the Planning Commission; however, no other member shall hold any public office. Members of the Board of Zoning Appeals may receive such compensation as may be authorized by the Board of Supervisors.
(B) (1) Appointments for vacancies occurring other than by expiration of term shall in all cases be for the unexpired term.
(2) A member whose term expires shall continue to serve until the successor is appointed and qualified.
(3) Members may be removed for cause as provided in VA Code § 15.2-2308.
(Ord. passed 4-12-2016)
§ 154.2.226 APPLICATION FOR VARIANCE.
(A) An application for a variance may be made by any property owner, tenant, governmental official, department head, board, or bureau. Such application shall be made to the Zoning Administrator in accordance with rules adopted by the Board. The application and accompanying maps, plans and other information shall be transmitted promptly to the Secretary of the Board of Zoning Appeals, who shall place the matter on the docket to be acted upon by the Board.
(B) No such variance shall be authorized except after notice and public hearing as required by VA Code § 15.2-2204. The Zoning Administrator shall also transmit a copy of the application to the Planning Commission which may send a recommendation to the Board or appear as a party at the hearing.
(Ord. passed 4-12-2016)
§ 154.2.227 PROCEDURES.
The Board of Zoning Appeals shall follow the procedures as provided in VA Code § 15.2-2308.
(A) Rules. The Board of Zoning Appeals shall adopt rules as it may deem necessary to carry out the duties imposed by this chapter, such rules being in accordance with the provisions of this chapter and other ordinances of the county and general laws of the Commonwealth of Virginia.
(B) Officers. The Board of Zoning Appeals shall elect annually a Chairperson and Vice- Chairperson from its own membership. The Board may elect as its Secretary either one of its own members or a qualified individual who is not a member of the Board; provided however, that a Secretary who is not a member of the Board may not vote on matters before the Board. The Chairperson may administer oaths and compel the attendance of witnesses. The Vice-Chairperson shall act in the absence of the Chairperson.
(C) Meetings. The meetings of the Board of Zoning Appeals shall be held at the call of the Chairperson and at such other time as a quorum of the Board of Zoning Appeals may determine. All meetings of the Board of Zoning Appeals shall be open to the public.
(D) Records. The Board of Zoning Appeals shall keep full and complete records of its proceedings, showing the vote or failure to vote of each member on each question and shall submit a report of its actions to the Board of Supervisors at least once a year.
(E) Quorum for conducting business. A quorum for conducting business shall be not less than a majority of all the members of the Board.
(Ord. passed 4-12-2016)
§ 154.2.228 POWERS AND DUTIES.
The powers and duties of the Board of Zoning Appeals shall be the following, as provided by VA Code § 15.2-2309.
(A) Administrative review. The Board of Zoning Appeals shall decide appeals from any decision, order, requirement, or determination of the Zoning Administrator or any other administrative official in the administration or enforcement of this chapter.
(B) Variances.
(1) The Board of Zoning Appeals shall decide applications for variances from the terms of this chapter. Variances may be approvable when certain criteria are met, when such approval will not be contrary to the public interest, and when, owing to special conditions, a literal enforcement of the provisions will result in unnecessary hardship; provided that the intended purpose and spirit of this chapter shall be observed and substantial justice done. In authorizing a variance, the Board of Zoning Appeals may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest and may require a guarantee or bond to insure that conditions imposed are being and will continue to be complied with. No variance shall be granted until the Board of Zoning Appeals has held a public hearing and given public notice in accordance with VA Code § 15.2-2204. Consistent with and pursuant to VA Code § 15.2-2308, no variance shall be granted until the Board of Zoning Appeals finds and is satisfied that:
(a) The property owner acquired his/her property in good faith but by reason of the exceptional narrowness, shallowness, size or shape of the specific piece of property at the effective date of this chapter; by reason of exceptional topographic conditions; or by reason of other extraordinary situations or conditions of such piece of property or of the use or development of property immediately adjacent thereto, the strict application of the terms of this chapter would effectively prohibit or unreasonably restrict the use of the property, or there exists a clearly demonstrable hardship, as distinguished from a special privilege or convenience sought by the applicant;
(b) That the strict application of this chapter would produce undue hardship;
(c) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity;
(d) That the authorization of the variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance;
(e) That the condition of the situation of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter.
(C) Interpretation of district boundaries. The Board of Zoning Appeals may hear and decide applications for interpretation of the district boundaries where there is any uncertainty as to the location of the district boundary. The Board of Zoning Appeals shall interpret the map in such ways as to carry out the intent and purpose of this chapter for the particular district in question; however, it shall not have the power to change the locations of district boundaries as established by ordinance.
(Ord. passed 4-12-2016)
§ 154.2.229 APPEALS TO BOARD.
An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of Northampton County affected by any decision of the Zoning Administrator in the administration or enforcement of this chapter. Such appeal shall be taken within 30 days after the decision appealed from, and in case of an appeal from a notice of violation by the Zoning Administrator, or a written order from the Zoning Administrator, shall be taken within 30 days of receipt of such order or notice and shall follow this procedure.
(A) Filing of application.
(1) All appeal applications shall specify all of the grounds for appeal and shall be filed with the Secretary of the Board of Zoning Appeals who shall refer the application to the Board of Zoning Appeals and to the Zoning Administrator.
(2) The Zoning Administrator shall transmit to the Board of Zoning Appeals all the paper constituting the record upon which the action appealed was taken.
(B) Fee. Each application for an appeal shall be accompanied by payment of a fee to be determined by the Board of Supervisors.
(C) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed unless the Zoning Administrator certifies to the Board of Zoning Appeals that by reason of facts stated in the certification a stay would in his/her opinion cause imminent peril of life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the Board of Zoning Appeals or by a Court of Record, after notice to the Zoning Administrator and for good cause shown.
(D) Public hearing. The Board of Zoning Appeals shall fix a reasonable time for the hearing of appeals or other matters referred to said Board. After notice and public hearing as required by VA Code § 15.2-2204, the Board of Zoning Appeals shall decide the matter within 60 days from the date of such public hearing.
(E) Decision of Board of Zoning Appeals. In exercising its powers, the Board of Zoning Appeals may reverse or affirm, wholly or in part, or may modify the decision, order, requirements, or determination that was the subject of the appeal.
(Ord. passed 4-12-2016)
§ 154.2.230 APPEALS FROM BOARD.
(A) Any person or persons, taxpayer, officer, department, board or bureau of Northampton County jointly or severally aggrieved by any decision of the Board of Zoning Appeals may file with the Circuit Court of Northampton County a petition specifying the grounds on which aggrieved within 30 days as provided in VA Code § 15.2-2314.
(B) Certiorari. Upon presentation of such petition, the court shall allow a writ of certiorari and shall prescribe therein the term within which a return thereto must be made and served upon the appellant's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may on application, on notice of the Board of Zoning Appeals, and due cause shown, grant a restraining order.
(Ord. passed 4-12-2016)