Occoquan City Zoning Code
ENFORCEMENT OF
ZONING BY ZONING ADMINISTRATOR
§ 157.225 RIGHT OF ENTRY.
The provisions of this chapter shall be enforced by the Zoning Administrator, who shall serve at the pleasure of the Council, and whose compensation, if applicable, shall be fixed by the Council. The Zoning Administrator or any of his or her authorized assistants, upon proper identification, shall have the right to enter upon any land or into any building for the purpose of making an inspection or acquiring information to determine whether the property and its use conform to the requirements of this chapter.
(1998 Code, § 66-271) (Ord. passed 9-5-2017)
§ 157.226 QUESTIONS OF INTERPRETATION.
(A) Unless otherwise provided in this chapter, the Zoning Administrator shall make all determinations and issue all rulings and orders authorized in this chapter or otherwise necessary in the interpretation and enforcement of this chapter.
(B) Any person aggrieved by a zoning violation, written order, or determination issued by the Zoning Administrator may appeal as provided in § 33.30 of this code. Decisions of the Zoning Administrator shall be final and not appealable if not appealed within 30 days.
(1998 Code, § 66-272) (Ord. passed 9-5-2017)
§ 157.227 WRITTEN ORDER, REQUIREMENT, DECISION, OR DETERMINATION BY THE ZONING ADMINISTRATOR.
(A) Notwithstanding the provisions of § 157.226, the Zoning Administrator may issue a written order, requirement, decision, or determination regarding the permissibility of a specific use or density of a landowner’s property only in accordance with this section and with the concurrence of the Town Attorney. Except to the extent expressly delegated in writing, no other town officer or employee is authorized to issue such orders, requirements, decisions, or determinations.
(B) The Zoning Administrator does not have the authority to issue an order, requirement, decision, or determination regarding the permissibility of a specific use or density of a landowner’s property that is inconsistent with this chapter. Such an inconsistency, if it occurs, shall be considered nondiscretionary error.
(C) The Zoning Administrator is hereby authorized and directed to establish a written policy which governs the issuance of written orders, requirements, decisions, or determinations regarding the permissibility of a specific use or density of a landowner’s property.
(D) (1) The Zoning Administrator is hereby authorized and directed to create a standard form of application that is to be used by landowners or their authorized agents in order to obtain a written order, requirement, decision, or determination regarding the permissibility of a specific use or density of their property.
(2) The Zoning Administrator shall not issue a written order, requirement, decision, or determination regarding the permissibility of a specific use or density of a landowner’s property, unless said landowner or their authorized agent submits the standard form of application and provides all of the information that is requested therein.
(E) The fee for processing an application requesting a written order, requirement, decision, or determination regarding the permissibility of a specific use or density of a landowner’s property shall be equal to the fee associated with obtaining a zoning certification.
(F) (1) Unless earlier suspended by action of the Council, a written order, requirement, decision, or determination issued under this section remains in effect for one year.
(2) If the owner or developer incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the written order, requirement, decision, or determination, however, it shall remain in effect while such diligent pursuit continues.
(1998 Code, § 66-273) (Ord. passed 9-5-2017)
§ 157.228 ADMINISTRATIVE MODIFICATIONS.
(A) Purpose and applicability. Pursuant to the authority granted within VA Code § 15.2-2286A(4), the Zoning Administrator is hereby authorized to grant a modification of any zoning regulation relating to physical requirements on a lot or parcel of land, including, but not limited to, size, height, location or features of, or related to, any building, structure, or improvements.
(B) Application, public notice and appeals.
(1) The affected party shall apply to the Zoning Administrator for a modification on a standard form of application created by the Zoning Administrator.
(2) Prior to the granting of a modification, the Zoning Administrator shall give all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice. Notice shall be sent by first class mail and an affidavit of such mailing shall be kept in the file.
(3) The Zoning Administrator shall make a decision on the application for modification with the concurrence of the Town Attorney and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this section.
(4) The decision of the Zoning Administrator shall constitute a decision within the purview of VA Code § 15.2-2311, and may be appealed to the Board of Zoning Appeals as provided by that section. Decisions of the Board of Zoning Appeals may be appealed to the Circuit Court as provided by VA Code § 15.2-2314.
(C) Review criteria; administrative modification. The Zoning Administrator shall determine whether the application meets the following standards:
(1) The strict application of the requirement would produce undue hardship;
(2) Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;
(3) The authorization of the modification will not be of substantial detriment to adjacent property and the character of the planned development will not be changed by the granting of the modification; and
(4) The modification to the regulation does not exceed 10%.
(Ord. O-2023-11, passed 6-6-2023)