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Northampton County Unincorporated
City Zoning Code

ZONING ADMINISTRATIVE

STRUCTURE ESTABLISHED

§ 154.2.020 ZONING ADMINISTRATOR.

   (A)   The Office of Zoning Administrator is hereby established, subject to the following:
   The Zoning Administrator shall have all necessary authority on behalf of the governing body to administer and enforce the zoning ordinance.
   (B)   Inspection warrants. The Zoning Administrator or his/her agent may present sworn testimony to a magistrate or court of competent jurisdiction and if such sworn testimony establishes probable cause that a violation of this chapter has occurred, request that the magistrate or court grant the Zoning Administrator or his/her agent an inspection warrant to enter a dwelling, structure, building or upon land for the purpose of determining whether violations of this chapter exist. The Zoning Administrator or his/her agent shall make a reasonable effort to obtain consent from the owner or tenant of the dwelling, structure, building or land before seeking the issuance of an inspection warrant under this section.
    (C)   Administration for the purpose of this chapter is defined to be that person who shall be the primary source of information for service to the public, explaining the zoning ordinance in detail to those who seek to take actions within the allowable limits of the ordinance, assisting with presenting proposed changes to the ordinance and assisting citizens who apply for exceptions to the ordinance.
   (D)   The authority to enforce the zoning ordinance includes:
      (1)    Enforcing this chapter and the official zoning map;
      (2)   Enforcing compliance on any matters arising under this chapter, including but not limited to, how a building, structure or use should be classified, explaining to the public what uses are permitted within a particular zoning district and why, whether a proposed building or structure complies with setback, height, bulk or other requirements, whether a building, structure, use or lot is nonconforming, and whether a lot meets minimum lot size requirements;
      (3)   Ordering in writing the remedying of any use or structure determined to be in violation of this chapter;
      (4)   Pursuant to VA Code § 15.2-2311, any written notice of a zoning violation or written order of the Zoning Administrator shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within 30 days to the Board of Zoning Appeals. A copy of all written notices shall be provided to the Chairman of the Board of Supervisors;
      (5)   Insuring compliance with this chapter if necessary, by initiating legal action through the County attorney, including an action for injunction, abatement, civil penalties or other appropriate action proceeding subject to appeal as provided by VA Code § 15.2-2311 and this chapter;
      (6)   In specific cases, making findings of fact and, with concurrence if the county attorney, conclusions of law regarding determinations of rights under VA Code §§ 15.2-2307 and 15.2-2311(C).
(Ord. passed 4-12-2016)

§ 154.2.021 SITE PLAN REVIEW AGENT ESTABLISHED.

   The Director of Planning and Zoning, or his/her designated agent, is hereby appointed by the Board of Supervisors of Northampton County as the Board's agent for the administration of the site plan review section of this chapter. The scope of the agent's authority includes the review, processing and approval/disapproval of site plans pursuant to standards given in §§ 154.2.040 et seq.
(Ord. passed 4-12-2016)

§ 154.2.022 BOARD OF ZONING APPEALS AUTHORIZED.

   The Board of Zoning Appeals is hereby established pursuant to VA Code § 15.2-2308, as amended, with the powers and duties as defined in §§ 154.2.225 et seq.
(Ord. passed 4-12-2016)

§ 154.2.023 HISTORIC PROTECTION REVIEW.

   The Historic Review Board is established pursuant to VA Code § 15.2-2306, as amended, with the powers and duties as defined in the Historic District regulations located in § 154.2.161.
(Ord. passed 4-12-2016)

§ 154.2.024 FILING FEES.

   (A)   The Board of Supervisors shall establish a schedule of fees and charges related to applications for variances, amendments, appeals, site plan reviews, and other matters pertaining to this chapter.
   (B)   Such schedule shall be available to the public to examine and may be amended from time to time only by action of the Board of Supervisors.
(Ord. passed 4-12-2016)

§ 154.2.025 ENFORCEMENT OF REGULATIONS.

   All departments, officials and public employees of Northampton County which are vested with the duty and/or authority to issue permits, licenses and/or other approvals shall conform to the provisions of this chapter. Any permit issued in conflict with the provisions herein shall be null and void.
(Ord. passed 4-12-2016)

§ 154.2.026 APPEALS.

   (A)   To the Board of Zoning Appeals: Any person, officer, board, commission, or agency aggrieved by a decision, order, requirement or determination of the Zoning Administrator or any other officers, department or board of Northampton County in the administration or enforcement of this chapter may appeal such decision to the Board of Zoning Appeals in accordance with the provisions in §§ 154.2.225 et seq., and Virginia state law.
   (B)   To the Circuit Court: Any person, officer, board, commission, or agency allegedly aggrieved by a decision, order, requirement or determination of the Board of Zoning Appeals or the Board of Supervisors may be allowed to appeal such decision to the Circuit Court of Northampton County, Virginia, in the manner prescribed by Virginia Code. See §§ 154.2.042, 154.2.043, 154.2.160, 154.2.163, 154.2.230.
   (C)   To the Board of Supervisors: Any landowner, zoning applicant, officer, board, commission, or agency aggrieved by a decision of the Zoning Administrator made pursuant to the administration and/or enforcement of conditions attached to a rezoning or zoning map amendment may petition the Board of Supervisors for review of the decision. See §§ 154.2.044, 154.2.160.
(Ord. passed 4-12-2016)